[Ord. No. 8-9-2005, 8/9/2005,
§ 1300]
Unless the context otherwise requires, the following definitions
shall be used in the interpretation of this chapter. Words used in
the present tense shall include the future; the singular shall include
the plural, and the plural the singular; the word "person" shall include
a corporation, partnership, trust, company, organization, firm and
association as well as an individual; the word "lot" shall include
the words "plot" and "parcel"; the term "shall" is mandatory, the
word "may" permissive; and the word "used" or "occupied" as applied
to any land or building shall be construed to include the words "intended,
arranged, or designed to be used or occupied."
[Ord. No. 8-9-2005, 8/9/2005,
§ 1301; as amended by Ord. No. 11-11-2014, 11/11/2014]
The visible or otherwise apparent discontinuance of a nonconforming
use of a building or premises, or the removal of the characteristic
equipment or furnishings used in the performance of a nonconforming
use without its replacement by similar equipment or furnishings; or
the replacement of the nonconforming use or structure.
A motor vehicle that is inoperable and is left unattended
on public property for more than seven days; or has remained illegally
on public property for a period of seven days; or is left unattended
on or along a public roadway without a valid registration plate, certificate
of inspection, or title. For the purposes of this chapter, vehicles
or equipment used or intended to be used in construction or in the
operation or maintenance of public utility facilities, which are left
in a manner which does not interfere with the normal movement of traffic,
shall not be considered to be abandoned.
Other than a street, which provides vehicular access from
a street or public road to a lot, i.e., a driveway.
For the purposes of this chapter, an accessory residential
use shall be defined as a residential dwelling unit which is accessory
to the principal commercial use of a lot in the Urban Residential
or General Commercial Districts, i.e., an apartment(s) located above
or adjoining a retail establishment.
A solar collection system used to capture solar energy, convert
it to electrical energy or thermal power and supply electrical or
thermal power primarily for on-site use. An accessory solar energy
system consists of one or more free-standing ground- or roof-mounted
solar arrays or modules, or solar-related equipment, and is intended
to primarily reduce on-site consumption of utility power or fuels.
[Added by Ord. No. 03-09-2021, 3/9/2021]
See "structure, accessory."
See "use, accessory."
See "warehousing facility."
For the purposes of this chapter, the term "adjoining" shall
be defined as the sharing of all or part of a common lot line with
another lot or parcel of land. (See also "abut.")
Adult bookstores, adult theaters, adult cabarets, adult massage
parlors, and similar establishments providing entertainment of a sexual
nature.
ADULT BOOK STOREAn establishment which has a substantial or significant portion of the its stock-in-trade as books, video tapes or compact discs, magazines or other periodicals which provide entertainment of a sexual nature.
ADULT CABARETA club, bar, tavern, restaurant, or other establishment which features go-go dancers, strippers, male or female impersonators, or similar entertainers whose performance is of a sexual nature.
ADULT DRIVE-IN THEATERAn establishment showing sexually explicit motion picture films to patrons who remain seated in their automobiles or motor vehicles.
ADULT MASSAGE PARLORAn establishment where massages of a sexual nature are offered or furnished.
ADULT MINI-MOTION PICTURE THEATERAn enclosed building with a capacity of fewer than 50 persons used for showing sexually explicit motion picture films to patrons.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for showing sexually explicit motion picture films to patrons.
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, data
and/or applications to the Zoning Officer or other designated Township
official for the purpose of obtaining approval thereof.
An independent business, not subsidiary to an agricultural
operation located on the same tract of land, which is related to the
processing or sale of agricultural products or supplies, or the sale
and/or repair of agricultural equipment
A detached accessory structure, whether fully or partially
enclosed, intended to provide housing, shelter, enclosure or support
for animals, farm equipment, farm supplies or produce, grain, feed,
etc. Such building shall be incidental and accessory to the type of
farming activities conducted upon the property containing the building
or on other properties owned or leased by the same farmer, and shall
not be used for residential purposes.
The use of land for agricultural purposes, including crop
farming, dairying, pasturage, apiculture, horticulture, floriculture,
viticulture, aquaculture, forestry, animal and poultry husbandry,
and the accessory buildings or structures used for packing, treating,
or storing that which is produced; provided, however, that the operation
of any such accessory use shall be secondary to that of the normal
agricultural activities. (See also "agri-business" and "farm-related
business.")
See "agritourism."
[Added by Ord. No. 03-09-2021, 3/9/2021]
An enterprise that includes entertainment; concerts; educational
tours; celebratory gatherings such as weddings; historical agricultural
exhibits and seminars; petting farms; outdoor mazes of agricultural
origin (such as straw bales or corn); wagon, sleigh, and hayrides;
nature trails; outdoor picnic areas; and the use or rental of farm
buildings for periodic special events or competitions, such as horse
shows, barrel racing, rodeos, tractor pulls, and other similar uses.
[Added by Ord. No. 03-09-2021, 3/9/2021]
Any contrivance, except an unpowered hang glider or parachute,
used for the ascent into or flight through the air.
Any area of land or water which is used, or is intended to
be used, for the landing or take-off or aircraft and any appurtenant
areas which are used, or are intended to be used, for airport buildings
or air navigation facilities or rights-of-way, together with all facilities
thereon. For the purposes of this chapter, the term airport may also
include facilities designated as heliports or those facilities which
can only be used by rotary wing aircraft, as well as private airports.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight of aircraft in landing
or take-off at an airport or is otherwise hazardous to the landing
or take-off of aircraft.
An area of land or water upon which an airport hazard might
be established if not prevented.
A permanent service way providing a secondary means of access
to lots. For the purposes of this chapter, all alleys shall be considered
to have a minimum width of 20 feet, unless otherwise stated or recorded.
As applied to a building or structure, an alteration shall
be defined as a change or rearrangement in the structural parts or
in the exit facilities or an enlargement, whether by extending on
a side or increasing in height, or the moving from one location or
position to another. For the purposes of this chapter, alteration
shall not be defined to include maintenance or other repair activities.
The process set forth by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., for changing or altering the provisions of this chapter or the boundary of any zoning district shown on the Zoning Map (see also § 27-1101); or
The actual change or alteration proposed for this chapter, text
or map.
A retail establishment whose principal business is offering
to patrons mechanical, electrical, or video amusement devices or games,
such as pinball machines, ping pong, darts, shooting galleries, or
similar devices and games.
One thousand pounds live weight of livestock or poultry animals,
regardless of the actual number of individual animals comprising the
unit. (See the Pennsylvania Nutrient Management Act, 3 Pa.C.S.A. § 501
et seq., for a listing of standard animal weights.)
An establishment where animals are given medical or surgical
treatment and may be boarded for short-term care incidental to their
treatment.
For the purposes of this chapter, animal husbandry shall be defined as the raising or keeping of livestock and/or poultry for capital gain or profit or with the intent of selling any livestock or poultry products as a commercial enterprise, including custom butchering. (The housing or raising of livestock or poultry or household pets for personal use or enjoyment pursuant to regulations of this chapter shall not be considered animal husbandry. See also § 27-423.)
A single dwelling unit located within an apartment building
or within a residence converted for additional residential use. (See
also "accessory residential use and conversion apartment.")
A dwelling structure containing three or more dwelling units,
with or without independent outside access, excluding single-family
attached dwelling structures as defined above, i.e., multifamily dwelling
structure.
The person or entity filing an application under this chapter.
The surface included within a set of lines:
AREA, LOTThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement.
AREA, BUILDABLEPortion of a lot bounded by the required front, side and rear yards.
AREA, SITEThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
See "junkyard."
Any building or land area used for the display and sale of
new or used automobiles or other motor vehicles, including warranty
repair or associated work.
A building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substances, batteries, tires, and other automotive accessories are supplied and dispensed to the motor vehicle trade, at retail, and where minor repair service may be offered. (See also § 27-416.)
A building or structure used primarily for making major repairs to motor vehicles (automobiles, motorcycles, trucks, farm machinery or equipment, and/or snowmobiles), including overhauling, body work, painting, refinishing and upholstering, as well as incidental servicing and maintenance. (See also § 27-416.)
See "financial institution."
A building or structure, or portion thereof, used primarily
for the sale or dispensing of liquor or alcohol by the drink. For
the purposes of this chapter, a bar shall also include those facilities
selling bottled goods, either as a principal or accessory use. (See
also "tavern.")
An obstacle made of plastic, vinyl or other similar materials
used as a protective shield to provide security, protection, safety
or prevent injury or protect goods or property.
An establishment, dwelling, or part thereof, in which individual rooms are offered for temporary lodging purposes by the owner or operator for limited periods of time. Breakfast or other meals may also be provided for overnight guests as a part of the lodging fee. (See also § 27-414.)
The elected Board of Supervisors of Hemlock Township, Columbia
County, Pennsylvania.
The Zoning Hearing Board of Hemlock Township, Columbia County,
Pennsylvania.
See "rooming or boarding house."
Yard space, either landscaped or planted, provided between high intensity activities and residential uses. (See also § 27-506.)
A structure having walls and a roof which is used for the
shelter, housing or enclosure of persons, animals, or property. The
word "building" shall include any part thereof. Included shall be
all mobile or manufactured homes and trailers to be used for human
habitation.
BUILDING, ACCESSORYA detached, subordinate structure located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
BUILDING, PRINCIPALA building in which the principal use of the site is conducted.
BUILDING, ATTACHEDA building which has one or more walls in common with an adjacent building.
BUILDING, DETACHEDA building which has no common walls and is surrounded by open space on the same lot.
That percentage of the plot or lot area covered by the principal
and accessory buildings, including porches, patios, decks, carports,
and breezeways, but excluding swimming pools, unenclosed parking or
loading areas.
The vertical distance measured from the average elevation of the finished grade of the ground surrounding the building to the highest point of the roof, excluding chimneys, spires, and similar projections which may be attached to the building. (See also § 27-504.)
The required setback (front, side, or rear) of a building
from a property line.
A line established by the required minimum front yard setback
from the street right-of-way or front lot line for buildings and/or
structures. The building setback line shall be the point at which
minimum lot width is measured.
See "professional office."
A tract or tracts of ground, or portion thereof, used for the purpose of providing two or more spaces for recreational vehicles or tents for camping purposes, with or without a fee charged for the leasing, renting, or occupancy of such space. Such facility may also include a recreational vehicle park. (See also § 27-426.)
The surface of a street or alley available for vehicular
traffic or the area between curbs.
A public room or building where gambling games are played.
[Added by Ord. No. 03-09-2021, 3/9/2021]
A portion of a building partly underground, having half or
more than half of its clear height below grade. For the purposes of
this chapter, a cellar shall not be considered in calculating gross
floor area nor shall it be used for dwelling purposes.
Property used for the interring of the dead.
The certificate required by this chapter which indicates
that all work authorized by the project's zoning permit has been satisfactorily
completed, or in a case involving no construction, a proposed new
use is in compliance with the terms of this chapter.
A certificate issued by the Zoning Officer which acknowledges
the existence of a nonconforming use, structure or lot as of the effective
date of this chapter, thereby authorizing its right to continue until
it is eliminated or abandoned.
An alteration of a building or a change of use existing within
a building or on a lot to a new use which imposes other provisions
of this chapter.
A building or structure, or group of buildings or structures,
which by design and construction are primarily intended for conducting
organized religious or worship services, and uses customarily accessory
or incidental thereto. For the purposes of this chapter, uses such
as schools, child nursery or day care facilities, social halls or
similar places of assembly associated with the church or place of
worship shall require separate consideration and approval by Township
officials.
An area of unobstructed vision at street or driveway intersections
defined by lines of sight between points at a given distance from
the intersection of the street and/or driveway center lines.
For the purposes of this chapter, a medical or dental clinic
shall be defined as an establishment housing two or more physicians,
dentists, psychologists, social workers, or similar health care providers,
where patients are received for examination or treatment, but where
no surgery is performed and no patients are lodged overnight. (See
also "medical center.")
For the purposes of this chapter, a veterinary clinic shall
be defined as an establishment housing one or more veterinarians where
animals are examined and treated, but where no boarding related to
such treatment is provided. (See also "animal hospital.")
An organization catering exclusively to members and their
guests in premises or buildings for social, recreational, or administrative
purposes, which are not conducted for profit. Clubs shall include
but need not be limited to service organizations, fraternal organizations,
as well as social, athletic, or similar groups.
See "lodging facility, commercial."
A wall on an interior lot line or a wall adapted for joint
service between two buildings, i.e., a party wall.
All forms of antennas, dishes, or devices, and the poles, masts, towers, or other structures which support them, as well as all equipment buildings which may be necessary for the operation or maintenance of such uses, except that those communications facilities utilized by government agencies or those regulated by applicable public utility laws shall be exempt. Privately owned and operated communications antennas, including residence-mounted satellite dishes and television receiving devices, and ham or citizen band radio antennas, shall also be exempt from the regulations of this chapter. (See also § 27-428.)
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Agricultural operations where the animal density exceeds two animal equivalent units (AEU) per acre on an annualized basis. (See also § 27-423, Subsection 1B.)
A building, or group of buildings, in which units are owned
individually, and the structure, common areas, and facilities are
owned by all the owners on a proportional, undivided basis.
Land area used for game lands, wildlife or nature preserves,
or similar activities.
See "new construction."
A state-licensed retirement "community" designed to provide
a broad range of life care options for residents, from independent
living, usually in an apartment or cottage, to a higher level of care,
such as personal care or nursing home facilities. Residents move between
levels of care as their needs change, and various services and activities
are provided through a contractual arrangement for the lifetime of
the resident.
A building or group of buildings and space used for the storage
of construction equipment and/or building materials. Such uses may
also include equipment repair facilities and office space associated
with the contractor's operation.
A retail establishment selling a limited range of food products
and some household or other consumer goods. Such facilities generally
offer fewer items and maintain a smaller, inventory of merchandise
than a supermarket or grocery store. In some cases, gasoline and related
automotive supplies are also offered in a self-service basis.
A retail establishment contained in one or more buildings
offering a variety of products and services to the traveling public,
including consumer goods or merchandise, gasoline or related automotive
supplies, food and beverages, as well as ATM or similar convenience
services. For the purposes of this chapter, such products and services
may be offered by a single owner/operator or may be provided by multiple
retailers.
A dwelling or other building existing at the effective date of this chapter which is converted for residential occupancy by more than one family. The specific number of permitted dwelling units shall be as set forth in § 27-404 of this chapter.
Columbia County, Pennsylvania.
See "land cultivation."
For the purposes of this chapter, a day-care center shall be defined as a private facility enrolling more than 12 young children where tuition, fees, or other forms of compensation for the care of the children is charged and which is licensed, inspected, and approved to operate as a child day-care center by the Pennsylvania Department of Public Welfare. Such facilities may also provide care for adult, elderly or handicapped persons. (See also § 27-413.)
The number of families, individuals, dwelling units, or housing
structures permitted to be constructed or situated on a specific unit
of land.
See "clinic, medical or dental."
Any landowner, agent of such landowner, or tenant with the
permission of the landowner, who makes or causes to be made a subdivision
or land development.
Any man-made change to improved or unimproved real estate
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of mobile homes or manufactured housing; streets, and
other paving; utilities; filling, grading, and excavation; mining;
dredging or drilling operations; storage of equipment or materials;
and the subdivision of land.
A zoning district as laid out on the Zoning Map, along with
the regulations pertaining thereto.
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
A dwelling structure containing two independent dwelling
units which are entirely separated by vertical walls or horizontal
floors, unpierced except for access to the outside or a common basement
or cellar, i.e., a two-family dwelling.
A building, structure, or shelter designed for or occupied
exclusively as the residence or sleeping place of one or more persons.
DWELLING, APARTMENTSee "apartment."
DWELLING, MOBILE HOMESee "mobile home."
DWELLING, MULTIFAMILYSee "apartment building."
DWELLING, SINGLE-FAMILY ATTACHEDSee "townhouse and townhouse structure."
DWELLING, SINGLE-FAMILY DETACHEDSee "single-family detached dwelling."
DWELLING, TOWNHOUSESee "townhouse."
DWELLING, TWO-FAMILYSee "duplex."
One or more rooms in a dwelling structure designed for use
by one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities. Recreational
vehicles, lodging facilities, rooming or boarding houses, or personal
care or nursing homes shall not be considered as dwelling units for
the purposes of this chapter.
A defined right of use or privilege granted for a limited
use of land, usually for a public or quasi-public purpose.
A battery charging station which provides the transfer of
electric energy to a battery or other storage device in a vehicle.
[Added by Ord. No. 12-12-2017, 12/12/2017]
See "warehousing facility."
A use which is located entirely within a building or structure.
An indoor facility operated as a business for profit, open
to the public, for the purpose of providing entertainment including,
but not limited to, bowling alleys, roller skating rinks, amusement
arcades, motion-picture theaters, health clubs, and similar types
of establishments, but excluding adult entertainment facilities as
defined herein.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
The entity or entities having an equity interest in the wind
or solar energy facility, including their respective successors and
assigns.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
One or more persons occupying a dwelling unit and living
as a single nonprofit housekeeping unit, but not including group quarters
such as dormitories, sororities, fraternities, student housing, convents
and communes.
Occupancy by any of the following shall be deemed to constitute
a family:
Members of a single family, all of whom are related within the
second degree of kinship (by blood, adoption, marriage or civil union).
A "functional family unit" as defined in paragraph .B below.
Persons with disabilities, as so defined in Title VII of the
Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988.
A state registered or licensed day-care facility serving six
or fewer children.
For purposes of this definition of a family, a group of adults
living together in a single-family dwelling unit and functioning as
a family with respect to those characteristics that are consistent
with the purposes of zoning restrictions in residential neighborhoods
shall be regarded as a "functional family unit" and shall also qualify
as a family hereunder. In determining whether or not a group of unrelated
adults is a "functional family unit" under the standard set forth
above, the following criteria must be present:
The occupants must share the entire dwelling unit. A unit in
which the various occupants act as separate roomers cannot be deemed
to be occupied by a functioning family unit.
The household must have stability with respect to the purpose
of this chapter. Evidence of such stability may include but not be
limited to the following:
A family residence where care is provided for no more than
six children unrelated to the resident household and which is registered
by the Pennsylvania Department of Public Welfare to provide such tare.
For the purposes of this chapter, a farm shall be defined
as a parcel of land containing 10 or more acres which is used for
agricultural purposes or activities. (See also "agriculture.")
See "agricultural building."
For the purposes of this chapter, a farm-related business shall be defined as a commercial enterprise conducted on a farm which is related to or supportive of an ongoing agricultural operation located on the same tract (See also § 27-430.)
Any combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within. For the purposes of this chapter, a fence shall be considered to be a structure and shall therefore require a zoning permit prior to its placement or erection. (See also § 27-505, Subsection 3.)
Any act by which earth, sand, gravel, rock or other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of a stripped surface
and shall include the conditions resulting therefrom;
The difference in elevation between a point on the original
ground and a designated point of higher elevation on the final grade;
or
The material used to make a fill which is in turn used to elevate
or floodproof a building or structure.
For the purposes of this chapter, a financial institution
shall include, but need not be limited to, a bank, credit union, loan
company, or other lending institution, including drive-in windows,
automated teller machines, and similar night deposit facilities.
Any building or structure used primarily for the purpose
of housing or storing fire fighting equipment and gear. For the purposes
of this chapter however, such facilities may also include company
meeting rooms, administrative offices, and other public service space.
An occasional or periodic market held in an open area or
within a structure where groups of individual sellers offer goods
for sale to the public.
A temporary inundation of normally dry land areas.
That portion of the one-hundred-year floodplain outside of
the floodway, excluding areas shown as approximate one-hundred-year
flood zones on the Township's Flood Boundary and Floodway Maps.
See "grocery store."
A flood that on the average is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year.)
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. (See § 27-603 for flood damage control provisions.)
The designated area of the floodplain which is required to
carry and discharge the flood waters of a one-hundred-year flood.
The area of a structure covered by floors.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of all of the floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, excluding interior parking spaces for motor vehicles, basement or cellar floor areas where this area in not used for business or dwelling purposes, but including the area of all covered or enclosed porches, decks, patios and terraces.
FLOOR AREA, HABITABLEAny floor area within a dwelling unit which is usable for living purposes, including area for working, sleeping, eating, cooking, and recreation, or a combination thereof. Stairways, hallways, and floor area used only for storage purposes, such as closet, attic, or unimproved basement space, or unenclosed or unheated porches shall not be considered habitable floor area, nor shall any space where the floor-to-ceiling height is less than five feet.
A licensed, self-contained, motorized vehicle or a mobile unit (one that does not travel under its own power) utilized for the sale and vending of consumable food and non-alcoholic beverage products. (See also § 27-437.)
[Added by Ord. No. 03-09-2021, 3/9/2021]
The owner of a food truck.
[Added by Ord. No. 03-09-2021, 3/9/2021]
See "forestry."
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management, "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
For the purposes of this chapter, a freight or distribution
terminal or depot shall be defined as a building or group of buildings
containing more than 10,000 square feet of gross floor area and/or
more than four loading berths or docks where merchandise is stored
for ultimate distribution to specific wholesale operators. (See also
"warehouse facility.")
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation. (See also "mortuary.")
A building or structure used for the parking and storage
of vehicles.
GARAGE, PRIVATEAn accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles of the families residing upon the premises and in which no occupation or business is operated nor service is provided to the general public.
GARAGE, PUBLICA building or group of buildings used primarily for the parking or storage of motor vehicles, available to the general public for compensation.
A retail business establishment specializing in sale of seeds,
plants, flowers, shrubs, or small or ornamental trees, and related
products and utensils.
That portion of the floodplain area for which no specific
flood profiles exist and which is designated as approximated one-hundred-year
floodplain area on the Township's Flood Boundary and Floodway Maps.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
[Added by Ord. No. 03-09-2021, 3/9/2021]
The degree of rise or descent of a sloping surface.
GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
GRADE, FINISHEDThe final elevation of the ground surface after development.
A building whose sides and roof 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 personal enjoyment. (See also "plant
nursery.")
A retail establishment primarily selling food or groceries
as well as other household goods or merchandise, i.e., a supermarket.
See "floor area, gross."
A residence where day care is provided for between seven
and twelve children unrelated to the resident household, which is
licensed and inspected by the Pennsylvania Department of Public Welfare
to provide such care. For the purposes of this chapter, such use may
be either a principal or accessory use (see applicable district regulations)
and may also provide care for adult or elderly persons.
A group of individuals not related by blood, marriage, adoption
or guardianship living together in one dwelling unit as a single housekeeping
unit under a common housekeeping plan based on an intentionally structured
relationship providing organization and stability, excluding student
housing facilities as defined herein.
For the purposes of this chapter, a group home shall be defined as a residence occupied by eight or fewer persons (excluding staff) unrelated by blood, marriage, adoption or guardianship who live together as a group family household, excluding student housing as defined herein. Such homes shall include, but are not limited to, homes for orphans, foster children, the elderly, mentally or physically handicapped or challenged persons, battered women and children, and specialized treatment facilities providing less than primary health care. (Further, domiciliary care facilities for adults, which are certified or approved by the applicable state and/or local regulatory agency, may also be considered as group homes, but shall be limited to three or fewer persons per dwelling unit, excluding staff.) Group homes providing space for more than eight residents, excluding staff, shall be considered to be institutional residences. (See also § 27-410 and "institutional residence.")
See "floor area, habitable."
Any substance or mixture of substances having properties
capable of producing adverse effects on the health or safety of a
human being.
For the purposes of this chapter, a hazardous materials storage
facility shall be defined as an industrial facility which involves
the collection, storage, or transfer of hazardous materials and meets
all state and federal regulations.
Any structure that is:
A listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing in the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An accessory use or service-oriented occupation operated for gain or profit conducted entirely within the operator's residence or in a building accessory thereto, which is carried on by the inhabitant(s) thereof and is clearly secondary to the use of the dwelling for residential purposes and does not change the character thereof. (See also § 27-429.)
The growing of fruits, vegetables, flowers, ornamental plants,
shrubs, or trees for profit.
A building or structure containing rooms intended or designed
to be used, rented or occupied for sleeping purposes by overnight
guests, where such rooms have no independent outside access, and where
provision may be made for dining room or restaurant facilities (with
or without alcohol sales), or meeting or conference rooms within the
building. (See also "lodging facilities, commercial and motel.")
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
Those floodplain areas specifically identified in this chapter
as being inundated by the one-hundred-year flood, including areas
identified as Floodway, Flood Fringe and General Floodplain.
A. Any surface which reduces or prevents the absorption of
stormwater into previously undeveloped land; or B. The percentage
of a lot that does not absorb precipitation. For the purposes of this
chapter, all buildings, structures, parking areas, driveways, roads,
sidewalks, and any areas in concrete, asphalt, or similar materials
shall be considered impervious surfaces.
An engineered apparatus used to bum waste substances and
in which all the combustion factors, temperature, retention time,
turbulence and combustion air, can be controlled.
A tract of land which has been planned, developed and is
operated as an integral facility for three or more individual industrial
uses, with special attention to circulation, parking, utility needs,
aesthetics, and compatibility.
Establishments primarily engaged in the provision of residential, social and personal care for children, the elderly, and other special categories of persons with some limits on their ability for self-care, but where medical care is not a major element. These uses include, but are not limited to, group foster homes; residential alcohol and drug rehabilitation centers with incidental health care; children's boarding homes; halfway homes for persons with social or personal problems, except halfway homes for delinquents, offenders and other adjudicated individuals, and not including training schools for delinquent and other adjudicated individuals; homes for destitute individuals; homes for the deaf or blind; homes for emotionally disturbed or mentally or physically handicapped persons, with health care incidental; and group homes for nine or more residents, excluding staff. Residents of these facilities would be treated by staff in an institutional setting rather than living independently. Institutional housing where there is commercial rental or condominium ownership is also included in this category, with the exception of personal care homes as defined herein. Such facilities may also require licensing by the Pennsylvania Department of Public Health, Department of Welfare, or other state agencies. (See also § 27-410.)
That portion of the national system of interstate highways
located within the Commonwealth as officially designated by the state
and/or U.S. Departments of Transportation.
Any discarded article or material not ordinarily disposed
of as rubbish, garbage, or refuse and including, but not limited to,
scrap metal, scrapped, abandoned or junked automobiles, machinery,
equipment, paper, rags, glass, containers and other salvageable materials.
For purposes of this chapter, the term "junk" shall not include hazardous
wastes or materials, industrial residual wastes, or municipal wastes
as defined in the Pennsylvania Solid Waste Management Act, 35 P.S.
§ 6018.101 et seq.
Any motor vehicle including, but not limited to, an automobile
or truck that is so worn, deteriorated, obsolete, dismantled or disassembled
as to make it inoperable or unusable in its current condition, and/or
a motor vehicle which has become incapable of being operated for a
period of 30 days due to mechanical defects and/or because it is not
licensed and/or does not have a current, valid Pennsylvania inspection
sticker.
Any outdoor establishment, place of business, or use of land
which is maintained, used or operated for storing, keeping, buying
or selling junk or junked or abandoned motor vehicles, with or without
dismantling, processing, sale, or other use or disposition of the
same. For the purposes of this chapter, such facilities may also be
referred to as auto salvage operations.
For the purposes of this chapter, a kennel shall be defined
as an establishment where eight or more dogs, cats or other domesticated
animals in excess of six months of age are housed, groomed, bred,
boarded, trained or sold. (House pets maintained in a private home,
are excluded.) In addition, all requirements of the Pennsylvania Dog
Law, 3 P.S. § 459-101 et seq., administered by the Pennsylvania
Department of Agriculture, shall be met before establishing a kennel
in the Township.
A small, non-motorized structure, with one or more open sides,
that is used to vend or sell merchandise or other services.
[Added by Ord. No. 03-09-2021, 3/9/2021]
The tilling or cultivation of soil for crop or tree farming.
Any of the following activities:
The improvement of one lot, or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
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.
A subdivision of land.
A place to dispose of refuse and other waste materials by
burying it and covering it over with soil.
The legal or beneficial owner(s) of land, including the holder
of an option or contract to purchase (whether or not such option is
subject to any condition), a lessee, if he is authorized under the
lease to exercise the right of the landowner or other person having
a proprietary interest in the land.
Grass and other plantings such as trees, shrubs and/or bushes.
For the purposes of this chapter, "livestock" shall be defined
to include cows, pigs, horses, sheep, llamas, and other similar types
of farm animals.
An off-street space accessible from a street or alley in
a building or on a lot, for the temporary use of vehicles while loading
or unloading merchandise or materials.
A small wall or post mounted safe that holds keys to allow
quick access to a building for fire, police and/or emergency services
to retrieve for their use in entering without the use of force.
A building or structure arranged or used for sheltering,
sleeping, and/or feeding of overnight guests for limited periods of
time, including hotels, motels, inns and other similar types of commercial
lodging establishments. Dining facilities associated with such uses
may also be open or available to the public if authorized by the proper
Township officials. (See also "hotel, motel, and bed-and-breakfast
establishment.")
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 AREASee "area, lot."
LOT, CORNERA lot with two adjacent sides abutting on streets. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
LOT DEPTHThe mean horizontal distance from the front lot line of a lot to its opposite rear lot line.
LOT, DOUBLE FRONTAGEA lot which extends from one street along its front lot line to another street along its rear lot line, with frontage on both streets.
LOT, REVERSE FRONTAGEA double frontage lot extending between and having frontage on an arterial or collector street and on a local street, with vehicular access restricted to the latter, usually due to physiographic constraints or safety considerations.
LOT WIDTHThe distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way; or, where a lot has no road frontage, the lot line opposite the rear lot line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than front or rear lot line.
A lot which individually or as a part of a subdivision has
been recorded in the office of the Recorder of Deeds of Columbia County,
Pennsylvania.
The lowest floor of the lowest fully enclosed area of a building
or structure (including basement or cellar). An unfinished or flood
resistant partially enclosed area, used solely for parking of vehicles,
building access and incidental storage in an area other than a basement
or cellar area is not considered a building's lowest floor; provided,
that such space is not designed and built so that the structure is
in violation of the applicable nonelevation design requirements of
this chapter and the National Flood Insurance Program.
A business establishment primarily engaged in the sale of
lumber and related products to contractors or the general public.
A workshop, manufacturing facility, or other industrial operation
where machines are built, repaired or assembled. For the purposes
of this chapter, such facilities shall include tool and die making,
engine rebuilding, and similar types of activities and may only be
located in an Industrial District.
Also known as a mobile home, a transportable, single-family
dwelling intended for permanent occupancy, contained in one unit,
or in two units designed to be joined into one integral unit capable
of again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and is constructed so that it may be used
without a permanent foundation. For floodplain management purposes,
the term shall include manufactured housing, park trailers, travel
trailers, recreational vehicles, and other similar units placed on
a site for a period of time exceeding 180 consecutive days.
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home; also known
as a mobile home lot.
That part of an individual manufactured home lot which has
been reserved for the placement of a manufactured home and appurtenant
structures and connections; also known as a mobile home pad.
A parcel, or contiguous parcels, of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes; also known as a mobile home park. For floodplain management purposes, the term shall also include facilities for the placement of two or more manufactured homes, or park trailers, travel trailers, recreational vehicles, or other similar units for a period of time exceeding 180 consecutive days. (See also Township Subdivision and Land Development Ordinance [Chapter 22] for mobile home park requirements.)
The act of producing, preparing or assembling finished products
or goods from raw materials or component parts through the repetitious
use of an established or set process.
See "industrial operations."
The fair market price of a structure or property as determined
by an appraiser or insurance adjuster; the price at which both buyer
and seller are willing to do business.
An institutional facility, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition
including, but not limited to, a general hospital, public health center,
diagnostic center, treatment or rehabilitation center, maternity hospital,
and associated laboratories and/or offices for medical staff.
See "clinic, medical or dental."
For the purposes of this chapter, a mineral batching or mixing
plant shall be defined as an operation where extracted minerals are
amassed, sorted, mixed, and/or crushed, ground or otherwise treated
for distribution or use.
The commercial extraction of sand, gravel, day, shale, rock or other natural mineral deposits from the earth, including facilities for the batching or mixing of extracted materials. (See also § 27-422.)
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, anthracite and bituminous
coal, limestone and dolomite, sand, gravel, rock, stone, earth, slag,
ore, vermiculite, clay, crude oil and natural gas.
The replacement of existing work with equivalent materials
for the purpose of routine maintenance and upkeep, but no including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural, beams or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the midway requirements, nor shall any minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electrical wiring or mechanical
or other work affecting public health or general safety.
A place for the storage of human bodies prior to their burial
or cremation.
A building or structure arranged or used for sheltering,
sleeping, and/or feeding of overnight guests, where each unit has
independent outside access and where provision may be made for limited
cooking in individual rooms. (See also "hotel" and "lodging facility,
commercial.")
See "apartment."
See "apartment building" or "townhouse structure."
For the purposes of this chapter, a multifamily housing development
shall be defined as a residential development containing more than
one apartment building or more than one townhouse structure, or a
combination thereof, on a single tract of ground.
See "convenience plaza."
See "industrial park."
See "truck stop."
A facility housing governmental agencies, including state,
county and municipal operations.
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semi-solid, or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities;
and sludge not meeting the definition of residual or hazardous waste
as defined in the Pennsylvania Solid Waste Management Act, 35 P.S.
§ 6018.101 et seq., from a municipal, commercial, or institutional
water supply treatment plant, wastewater treatment plant, or air pollution
control facility. The term does not include source-separated recyclable
materials.
Hemlock Township, Columbia County, Pennsylvania.
A retail store, shop or establishment of a limited scale
designed to provide service to a local neighborhood and oriented to
pedestrian or limited vehicular traffic, including general stores,
antique or gift shops, personal service businesses, sandwich shops,
cafes, or similar types of operations.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, location or relocation of a building (including
mobile and manufactured homes), structure, and/or improvements (such
as streets, utilities, etc.). For floodplain management purposes the
term shall pertain to structures for which the start of construction
commenced on or after July 9, 1979, and includes any subsequent improvements
thereto.
A business or commercial activity administered or conducted as an accessory use in a residential dwelling located in a Residential District which is dearly secondary to the use of the residence as a dwelling and which meets the no-impact criteria set forth in this chapter. (See § 27-429.)
Any landowner except those on whose property all or a portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
A structure or part of a structure not designed or built to comply with the use or extent of use provisions of this chapter, including those structures which lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but shall not be limited to, nonconforming signs. (See § 27-901 for applicable provisions.)
A private institutional establishment providing educational
and child care services for children up to five years of age where
tuition, fees, or other forms of compensation is charged for the service.
For the purposes of this chapter, a nursery school may be a independent
principal use or may be operated as an accessory use in conjunction
with a church, day-care center, or other similar institutional establishment.
(See also "day-care center.")
A state-licensed institutional establishment which provides full-time convalescent or skilled nursing and/or medical care. Such facilities shall not provide surgical, obstetrical, or other services generally provided by a hospital or medical center. (See also § 27-412 and "personal care home.")
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or other matter in,
along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of water, either in itself or by catching or collecting debris carried
downstream to the damage of life or property.
A residence, school, hospital, church, public library or
other building used for public gathering that is occupied or in use
when the permit application is submitted.
See "loading space."
See "parking area" and "parking space."
See "professional office."
A building used primarily for conducting of the affairs of
a business, service, industry, government or like activity, which
may include ancillary services for office workers, such as food services,
and newspaper or candy stands.
A development consisting of multiple office buildings, related
supporting uses and services, and open space which is planned, designed,
constructed and managed on an integrated, coordinated basis.
See "sewage facility, on-lot."
See "water system, on-lot."
Space not occupied by a structure, open to the sky, and on
the same lot with the building or structure.
OPEN SPACE, PUBLICAny land area set aside, dedicated, designated or reserved for public enjoyment.
OPEN SPACE, COMMONLand within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complimentary structures and improvements as are necessary and appropriate, but shall not include streets, off-street parking areas, and areas set aside for public facilities or utilities.
The entity responsible for the day-to-day operation and maintenance
of a use permitted by this chapter.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
See "recreation use, outdoor commercial."
For the purposes of this chapter, an outdoor cultural, religious, amusement or sporting event shall be defined as a temporary use, activity or event of short-term duration, such as a carnival, circus, fair, festival or other similar occurrence. (See also § 27-433.)
See "storage, outdoor, unenclosed."
See "lot."
A public, semi-public, or private park or park-type facility
which provides outdoor recreational enjoyment and activity, either
for free or on a fee basis. Such facilities may include tennis or
basketball courts, baseball or other athletic fields, swimming, hiking
and picnic areas, and playgrounds, and may also include buildings
and accessory structures. Activities may be organized to include day
camps, leagues, or other groups or may be strictly independent.
Any public or private land area designated and used for parking
of vehicles including parking lots, garages, private driveways, or
legally designated areas of public streets. For the purposes of this
chapter, however, parking areas shall not include space on any street
or other public way.
An off-street area on a lot or in a parking area, designed
or used for the parking of one motor vehicle, having direct, usable
access to a street or road. (See also Part 8.)
A principal use allowed in a zoning district, subject to
the applicable district regulations, and approved by the Zoning Officer.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A state-licensed institutional facility providing supervised care services, including meals and less than full-time skilled or intermediate nursing care for individuals. For the purposes of this chapter, personal care homes may also be known as assisted living facilities. (See also § 27-412 and "nursing home.")
For the purposes of this chapter, a personal service business
shall be defined as a small-scale retail business providing direct
service or care to a patron or client including, but need not limited
to, a bather or beauty shop, a tailor or dress-making shop, a music
or art studio, upholstery or shoe repair facility, or similar establishment
of a related nature.
A warehouse facility where separate storage spaces, of varying sizes, are available for lease or rental to the general public, usually on a self-service basis. For the purposes of this chapter, there shall be no residential occupancy of nor commercial sales conducted from such storage areas. (See also § 27-417.)
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. For the purposes of this chapter,
the terms and conditions of any PRD approved prior to the enactment
of this chapter shall remain in place and shall be unchanged by the
standards or requirements contained herein.
The Planning Commission of Hemlock Township, Columbia County,
Pennsylvania.
Land and/or greenhouses used to raise flowers, shrubs, trees
and plants for sale.
See "swimming pool."
That portion of connected main highways located within the
Commonwealth as officially designated by the State or U.S. Departments
of Transportation.
A solar collection system principally used to capture solar
energy, convert it to electrical energy or thermal power, and supply
electrical or thermal power primarily for off-site use. Principal
solar energy systems consist of one or more free-standing ground-
or roof-mounted solar collector devices, solar-related equipment and
other accessory structures and buildings, including light reflectors,
concentrators, and heat exchangers, substations, electrical infrastructure,
transmission lines, and other appurtenant structures.
[Added by Ord. No. 03-09-2021, 3/9/2021]
See "use, principal."
A vehicular access way to no more than two single-family dwelling units not dedicated, accepted or maintained by the Township or state in which all required yard setbacks for properties are designed per Part 3 of this chapter.
A vehicular access way to more than two single-family dwelling units not dedicated, accepted or maintained by the Township or state in which all required yard setbacks for properties are designed per Part 3 of this chapter.
The office of a member of a recognized profession including,
but not limited to, a real estate or insurance agent, a physician
or dentist, an attorney, accountant, architect, or engineer. A professional
office may be considered a home occupation when conducted from a residence,
by a member of the resident family and when the office is clearly
secondary to the residential use of the dwelling.
See "entertainment facility, public."
A formal meeting held pursuant to public notice by the Township
Supervisors, Township Planning Commission, or Township Zoning Hearing
Board, intended to inform and obtain public comment, prior to taking
action in accordance with this chapter.
A forum held pursuant to notice under "Sunshine Act," 65
Pa.C.S.A. § 701.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
See "sewage facility" and "sewage system, community."
See "water facility and water system, public."
A commercial, outdoor recreation facility, including a golf course, golf driving range, a miniature golf course, campground or recreational vehicle park, ski area or resort, church or service club affiliated camp, a shooting preserve or sporting clays range, and similar facilities. (See also § 27-426.)
A vehicle which is: (A) built on a single chassis; (B) not more than 400 square feet, measured at the largest horizontal projections; (C) designed to be self-propelled or permanently towable by a light-duty truck; and (D) is not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Such vehicles are permitted to be used in campground areas in the municipality or on private independent parcels. (See also § 27-425, Subsection 1F.)
Any site upon which two or more recreational vehicles are,
or are intended to be located. (See also "campground.")
For the purposes of this chapter, recyclable materials shall
be defined as those designated waste products which are collected
at approved recycling centers in the Township for transformation into
new and/or different products at another location.
A facility intended for the collection of recyclable materials,
not including municipal, residual, or hazardous waste transfer stations.
The flood that has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
based; the one-hundred-year flood.
The one-hundred-year flood elevation.
A large scale residential development in which individual dwelling units or buildings are grouped together. Modification or reduction of the minimum yard and lot size requirements are permitted in exchange for an equivalent amount of land in open space to be preserved for scenic, recreation or conservation purposes. The type and overall density of dwelling units shall be as set forth in § 27-407 of this chapter.
Garbage, refuse, other discarded materials or other waste,
including solid, liquid, semi-solid, or contained gaseous materials
resulting from an industrial, mining, or agricultural water supply
treatment facility, wastewater treatment facility, or air pollution
control facility, if it is not hazardous. The term does not include
coal refuse as defined in the Coal Refuse Disposal Control Act, 52
P.S. § 30.51 et seq., nor treatment sludges from coal mine
drainage treatment plants, disposal of which is being carried on under
and in compliance with a valid permit issued under the Clean Streams
Act, 35 P.S. § 691.1 et seq.
A retail establishment where food and drink is prepared and
served, primarily within the principal building. In some instances,
the food is consumed on-site and in other cases it is taken out.
A place of business engaged in selling goods and merchandise
to the general public for personal or household use and rendering
services incidental to the sale of such goods. (See also "wholesale
business.")
An establishment where horses are kept for riding, jumping,
or showing for compensation or incidental to the operation of a club,
association, or similar group.
A specific type of easement being limited to use for passage
over another person's land, i.e., an easement for vehicular or public
utility passage; or
A strip of land acquired by reservation, dedication, prescription,
or condemnation which is occupied or intended to be occupied by a
road, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water line, sanitary sewer or storm sewer line, or other
similar use.
A temporary or permanent booth, stand or shelter located along a roadway (but off the road right-of-way) from which farm, nursery or greenhouse products or other merchandise is offered for sale to the general public. (See also § 27-424.)
A mobile digital or electronic changing advertisement sign.
A single-family, owner-occupied dwelling or part thereof where lodging is provided for a fee by the owner thereof. Such lodging shall be provided for no more than four persons unrelated to the owner and shall be for periods of time exceeding one week, whether or not arrangements are made for meals. (See also § 27-409.)
For the purposes of this chapter, a satellite dish antenna
shall be defined as an accessory structure capable of receiving radio
or television signals from a transmitter or transmitter relay located
in planetary orbit.
A business establishment equipped with machinery for cutting
lumber or timber into boards.
An establishment or facility, or part thereof, which is designed,
constructed, or used for public or private education or instruction
in any branch of knowledge. For the purposes of this chapter, such
facilities shall not include halfway homes or training facilities
for delinquents, offenders, and other adjudicated individuals, nor
other detentional facilities providing residential or "live-in" services.
(See "institutional residence.")
The use of vegetative plants, such as trees or shrubs, as a barrier to visibility, glare and noise between adjacent properties. Such plantings shall adhere to the requirements of § 27-507 of this chapter and shall be broken only at points of vehicular or pedestrian access or utility easements.
The provision of a visual shield or barrier between adjacent properties, structures, or uses, which may consist of vegetative plantings, fences, or the placement or utilization of natural or man-made berms or landforms, or any combination thereof. (See also § 27-507.)
A permanent building or structure intended for occupancy only occasionally during the year, including buildings intended as camps, cottages, lodges, hunting cabins, vacation homes and similar seasonally used dwellings. For purposes of this chapter, a recreational vehicle shall not be considered to be a seasonal dwelling, but may be used on a temporary or seasonal basis as per the requirements of § 27-425, Subsection 1F, of this chapter.
A zoning permit issued seasonally by the Zoning Officer which authorizes the placement of: (A) a temporary roadside stand; (B) a recreational vehicle on an individual lot outside of a designated floodplain for between 30 and 180 days; and (C) a recreational vehicle on a lot within a designated floodplain in the Township for more than seven consecutive days. (See also § 27-1203, Subsection 11.)
The horizontal distance between a structure and a street
line or property line. (See also "building setback line.")
Any sewer, sewage system, sewage treatment plant or parts
thereof, designed, intended, or constructed for the collection, conveyance,
treatment or disposal of liquid wastes, including industrial wastes.
SEWAGE FACILITY, OFF-LOTAny approved system or part thereof in which sanitary sewage is collected from buildings and piped by means of a sewerage system to a sanitary sewage treatment plant. Such a system must be designed in accordance with Department of Environmental Protection (DEP) standards and be permitted by the Bureau of Water Quality of the DEP. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers.
SEWAGE FACILITY, ON-LOTAny approved system or part thereof designed to serve a single dwelling or building in which sewage is collected in a septic tank, holding tank or similar container located on the same lot and is untreated except for bacterial action occurring within such tank and is disposed of either through a drain field connected to the tank or by hauling to a sewage treatment plant.
SEWAGE SYSTEM, COMMUNITYA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site. (See also "sewage facility, off-lot.")
SEWAGE SYSTEM, INDIVIDUALA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil of the site or into the waters of the Commonwealth or by means of conveyance of retaining tank wastes, to another site for final disposal. (See also "sewage facility, on-lot.")
A reusable vessel, originally designed as a cargo container,
for the packing, storage, movement, or transportation of freight,
articles, goods, or commodities, which was designed to be moved by
rail, truck, or ship by means of being mounted on a chassis or similar
transport device.
[Added by Ord. No. 03-09-2021, 3/9/2021]
For the purposes of this chapter, a shopping center shall
be defined as a group of three or more commercial establishments which
have been planned, developed, and managed as a unit, whether contained
in one building or in several buildings on the same tract, where each
store or establishment maintains its own independent outside access.
For the purposes of this chapter, a shopping mall shall be
defined as an enclosed group of three or more commercial establishments
which have been planned, developed, and managed as a single unit,
where the primary patron access for each store is from an interior
pedestrian concourse or walkway. Patron access to the interior of
the mall may be provided through a limited number of anchor stores
or may be provided via a separate exterior entrance.
The length of street, measured along the center line, which
is continuously visible from any point four feet above the center
line;
That area of unobstructed vision at street intersections formed
by lines of sight between points which are a specialized distance
from the intersection of the street center lines; or
Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, semi-public or civic, charitable or other religious group. (See § 27-702 for definitions of specific types of signs.)
The entire face of a single side of a sign, including all
advertising surface, but excluding all structural supports and structural
margins not exceeding 12 inches in width on each border of the sign.
The vertical distance measured from the average finished
grade of the site beneath the sign to the highest point of the sign
or sign structure, whichever is greater.
A dwelling structure containing one dwelling unit from ground
to roof, having independent outside access and open space on all sides,
including a mobile home as defined herein. (See also "mobile home.")
The face of an embankment or cut section; or
The degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees; i.e., a ratio determined by dividing
the vertical distance between two points (change in elevation) by
the horizontal distance measured between the same two points.
A grouping of multiple solar modules with the purpose of
harvesting solar energy.
[Added by Ord. No. 03-09-2021, 3/9/2021]
The smallest basic solar electric device which generates
electricity when exposed to light.
[Added by Ord. No. 03-09-2021, 3/9/2021]
A system composed of equipment used in either a residential
or commercial operation for the harvesting of solar energy. Includes
a variety of items as noted under the definition of "solar-related
equipment."
[Added by Ord. No. 03-09-2021, 3/9/2021]
A right, expressed as an easement, restriction, covenant,
or condition, contained in any deed, contract, or other written instrument
executed by or on behalf of any property owner for the purpose of
assuring adequate access to direct sunlight for solar energy systems.
[Added by Ord. No. 03-09-2021, 3/9/2021]
Radiant energy (direct, diffuse, or reflective) received
from the sun.
[Added by Ord. No. 03-09-2021, 3/9/2021]
An electric generating facility, whose main purpose is to
supply electricity, consisting of one or more solar collectors and
other accessory structures and buildings, including substations, electrical
infrastructure, transmission lines, and other appurtenant structures
and facilities.
[Added by Ord. No. 03-09-2021, 3/9/2021]
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, tier water
heating, or for electricity.
[Added by Ord. No. 03-09-2021, 3/9/2021]
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, and tuning and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
[Added by Ord. No. 03-09-2021, 3/9/2021]
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semi-solid or contained
gaseous materials.
An establishment providing space for the temporary storage
of collected solid waste prior to its ultimate disposal at an approved
solid waste disposal facility; a facility generally situated at an
intermediate location within a solid waste collection service area
where individual haulers can transfer: their collected wastes to other
vehicles for transportation to the approved disposal site.
A use permitted in a certain zoning district as provided for in the district regulations [Part 3] which must be approved by the Zoning Hearing Board as set forth in § 27-1002, Subsection 1D, of this chapter. Special exception approval may not be granted for uses other than those expressly listed in Part 3.
A special approval needed for specific types of development being proposed to be located in any portion of a designated floodplain. (See § 27-608 for a listing of the activities requiring special permits and details for submission of applications for such activities.)
A building in which one or more horses are boarded, whether
or not for compensation, hire, or sale, not including the Boarding
of horses for personal use.
See "warehousing facility."
For the purposes of this chapter, outdoor, unenclosed storage shall be defined as the accessory storage of materials, vehicles, equipment or other items of personal property on a lot occupied by the owner of the item(s). The unenclosed storage of products or equipment in the performance of agricultural activities may however be permitted on a lot or land not occupied by the owner of the item(s). (See also § 27-432.)
That portion of a building included between the surface of
any floor and the surface of the floor or ceiling next above it.
Any thoroughfare, whether public or private, located in whole
or in part within Hemlock Township, excluding alleys. The word "road"
may be used interchangeably with the word "street."
The dividing line between the street right-of-way and the
lot, also known as the right-of-way line.
Any change or adjustment made to a building affecting the
overall area occupied by that structure or that will change the supporting
members, bearing walls, beams, girders, or interior walls of the structure.
Such alterations generally require zoning and building permits.
Any man-made object having an ascertainable stationary location
on or in land of water, whether or not affixed to the land, including
buildings, sheds, communications antennas and towers, fences and signs,
but excluding poles, playground equipment, mailboxes, lawn ornaments
and other similar objects. For floodplain management purposes, the
term shall also include a gas or liquid storage tank that is principally
above ground, as well as a mobile or manufactured home.
STRUCTURE, ACCESSORYA structure detached from a principal structure located on the same lot and customarily incidental and subordinate to the principal building, structure, or use.
STRUCTURE, PRINCIPALThe main or primary structure on a given lot.
A person who is registered to be enrolled or who is enrolled
and matriculating at Bloomsburg University as an undergraduate student
or who is on a semester or summer break from studies at a college
or university.
A building which contains one or more dwelling units occupied
by two or more students who are not related to each other by adoption
or marriage or are not the great-grandparent, great-grandchild, grandparent,
grandchild, parent, child, brother, sister, aunt, uncle, niece, nephew,
great aunt, great uncle, great niece or great nephew of each other.
A place where a musician or artist does his work.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or 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.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either (A) before the improvement or repair or (B) if the
structure has been damaged and is being restored, before the damage
occurred. The term also includes structures that have incurred substantial
damage regardless of the actual work performed. For the purposes of
this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not include
either (1) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions or (2)
any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
The Board of Supervisors of Hemlock Township, Columbia County,
Pennsylvania, the elected governing body of the municipality.
A body of water in an artificial container, whether located
in or above the ground, having a depth at any point of more than two
feet or a surface area of more than 250 square feet, used or intended
to be used for swimming by children and/or adults, excluding "kiddie"
or wading pools and farm ponds.
An establishment used primarily for the serving of liquor
or alcohol by the drink to the general public, and where food or packaged
liquors may be sold only as accessory to the principal use. (See also
"bar.")
A short-term use or special activity which occurs in the Township including, but no limited to, carnivals, circuses, open-air cultural, religious, amusement, or sporting events. Although such a use may be held periodically, in order to retain its temporary status, it may not be an ongoing operation or use. (See also §§ 27-433 and 27-434.)
A zoning permit authorized by the Zoning Officer for a nonpermanent building, structure or use where such structure or use is deemed to be beneficial to the public health or general welfare or necessary to promote the proper development of the Township, or for temporary uses. (See §§ 27-433, 27-434 and 27-1203, Subsection 9.)
A single dwelling unit from ground to roof with independent
outside access and a portion of one or two walls in common with an
adjoining dwelling unit(s), i.e., a townhouse unit.
A residential dwelling structure which contains a minimum of three townhouse dwelling units. The maximum number of dwelling units per structure shall be as set forth in § 27-405 of this chapter.
Any building or premises upon which a business, service or
industry involving the maintenance, servicing, storage or repair of
commercial vehicles is located or conducted, including the dispensing
of motor fuel or other petroleum products, the sale of accessories
or equipment for motor vehicles, or the storage of cargo. Such uses
may also include overnight accommodations and restaurant facilities
intended primarily to serve the needs of long-haul drivers or the
motoring public.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
The specific purpose or activity for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, ACCESSORYA use subordinate to the principal use of a building, structure, or land located on the same lot and serving a purpose customarily incidental to the principal use. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
USE, PRINCIPALThe primary purpose for which a lot is occupied or utilized.
Facilities, buildings and/or structures constructed and maintained by public utility companies, municipal or governmental agencies, or public service corporations, which are necessary for the provision of utility services to the general public. Such facilities shall include, but need not be limited to, electrical substations, water or sewage treatment plants, reservoirs, pump stations, or other similar facilities. For the purposes of this chapter, however, utility supply facilities shall not include commercial communications antennas or towers. (See also § 27-427 and "communications antennas, towers, and/or equipment buildings.")
A modification of the provisions of this chapter which the Zoning Heating Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought. (See § 27-1002, Subsection 1C, for additional details and criteria to be utilized when a variance is requested.)
See "clinic, veterinary."
A building used primarily for the storage of goods and materials,
including facilities handling freight for a specific commercial or
industrial operation, and those facilities available to the general
public. (See also "personal storage warehouse.")
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
WATER SYSTEM, NONPUBLICAll water systems which are not public water systems.
WATER FACILITY, OFF-LOTAny approved system in which potable water is supplied to a dwelling or other building from a central water source which is not located on the lot with the dwelling or building.
WATER FACILITY, ON-LOTA well or other approved system designed to provide potable water to a dwelling or other building located on the same lot as the source.
WATER SYSTEM, PUBLICA water system as defined by the Pennsylvania Department of Environmental Protection which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
Areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal conditions do support, a prevalence of vegetation
typically adapted for life in saturate soil conditions, including
swamps, marshes, bogs, and similar areas. The term includes, but is
not limited to, the U.S. Forest Service Wetlands Inventory of Pennsylvania,
the Pennsylvania Coastal Zone Management Plan, the U.S. Fish and Wildlife
National Wetlands Inventory, and a wetland area designated by a river
basin commission.
An establishment or place of business primarily engaged in
selling merchandise to retailers or to industrial, commercial, institutional,
or professional business users, or to other wholesalers. (See also
"retail business.")
An electric generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
An open space which lies on the same lot with a building
or structure, unoccupied and unobstructed from the ground upward.
YARD, FRONTAn open space extending the full width of the lot between the principal building or structure and the street right-of-way line or front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space extending the full width of the lot between the principal building or structure and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building or structure and the side lot line, unoccupied and unobstructed form the ground upward.
YARD, REQUIREDThe minimum area or open space required by this chapter to be provided between any front, side or rear property line and a principal or accessory building(s) or structure(s) on the lot.
The Zoning Hearing Board of Hemlock Township, Columbia County,
Pennsylvania.
The Official Zoning Map of Hemlock Township, Columbia County, Pennsylvania, together with all notations, references and amendments which may hereafter be enacted. Said map is made a part of this chapter as set forth in § 27-203.
The administrative officer duly appointed by the Township
Supervisors and charged with the duty of enforcing the provisions
of this chapter.
The permit required by this chapter which states the purpose
for which a building, structure, or land is proposed to be used is
in conformity with the use regulations, the dimensional requirements,
and all other applicable provisions of this chapter.
