The title of this chapter is "An ordinance to
limit and restrict to specified districts or zones, and to regulate
therein, buildings and structures according to their construction
and the nature of and the extent of their use, and the nature and
extent of the uses of land, in Lehigh Township, Northampton County,
Commonwealth of Pennsylvania, hereinafter referred to as the Township,
and providing for the administration and enforcement of the provisions
therein contained and fixing penalties for the violation thereof."
This chapter shall be known as and may be cited
as the "2002 Lehigh Township Zoning Ordinance."
This chapter is adopted for the purpose of promoting
the public health, safety, and the general welfare of the community
and to further the following related and more specific objectives:
A.Â
To guide and regulate the orderly growth, development,
and redevelopment of the Township, in accordance with a comprehensive
plan of long-term objectives, principles, and standards deemed beneficial
to the interests and welfare of the people;
B.Â
To protect the established character and the social
and economic well-being of both private and public property;
C.Â
To promote, in the public interest, the utilization
of land for the purposes for which it is most appropriate;
D.Â
To secure safety from fire, panic, and other dangers
and to provide adequate light, air, and convenience of access;
E.Â
To prevent overcrowding of land or buildings and to
avoid undue concentration of population;
F.Â
To lessen and, where possible, to prevent traffic
congestion on public streets and highways; and
G.Â
To conserve the value of buildings and to enhance
the value of land throughout the Township.
A.Â
Except as hereinafter provided, no buildings or structures or part thereof and no lot or land or part thereof shall hereafter be used except in conformity with the use regulations herein prescribed. Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use, except that uses granted by the Board of Supervisors as conditional uses pursuant to § 180-128 and uses granted by the Zoning Hearing Board as special exception uses pursuant to § 180-119C shall be deemed conforming uses.
[Amended 11-10-2009 by Ord. No. 2009-7]
B.Â
Prior to the use of any property, land, building,
structure, or part thereof, the owner shall obtain, from the Zoning
Officer, a zoning permit, which permit shall be in addition to any
other permits which may be required by any governmental agency.
A.Â
Except as hereinafter provided, no building or structure or part thereof shall hereafter be erected, structurally altered, enlarged, or rebuilt except in conformity with the lot dimensions, yard, court, coverage, height, and density regulations herein prescribed. Any building or structure that does not conform to such regulations, hereinafter referred to as the "building regulations" of this chapter, shall be deemed a nonconforming building or structure, irrespective of the use to which it is put. Building or structure variances granted by the Zoning Hearing Board pursuant to § 180-119D on grounds of practical difficulties or unnecessary hardship, not self-imposed, shall be deemed nonconforming buildings or structures.
B.Â
Prior to the use of any property, land, building,
structure, or part thereof, the owner shall obtain, from the Zoning
Officer, a zoning permit, which permit shall be in addition to any
other permits which may be required by any governmental agency.
Any legally established existing use of a building
or structure, lot or land, or part thereof, which use constitutes
a conforming use under the provisions of this chapter, may be continued.
A.Â
In interpreting and applying the provisions of this
chapter, they shall be held to be the minimum requirements for the
promotion of the health, safety, and general welfare of the residents
of the Township.
B.Â
In interpreting the language of zoning ordinances
to determine the extent of the restriction upon the use of the property,
the language shall be interpreted, where doubt exists as to the intended
meaning of the language written and enacted by the governing body,
in favor of the property owner and against any implied extension of
the restriction.
It is not intended by this chapter to repeal,
abrogate, annul, or interfere with any existing ordinances or resolutions
or with any rule, regulation, or permit adopted or issued thereunder,
except as provided and only to the extent permitted by § 508(4)
of the Commonwealth of Pennsylvania Municipalities Planning Code,
as amended.[1] Where this chapter imposes greater restrictions upon the use or development of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than the provisions of such other ordinance, resolution, rule, regulation or permit, then the provisions of this chapter shall control. Furthermore, except as provided for in Article V of this chapter, if a discrepancy exists between any regulations contained within this chapter and any other Township regulations, the regulation which imposes the greater restrictions shall apply.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Amended 10-14-2014 by Ord. No. 2014-4]
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this chapter as a whole or of any
other part thereof. Additionally, to the extent that any provisions
of this Zoning Ordinance contravene controlling, inconsistent provisions
of the Americans with Disabilities Act, the Fair Housing Act, or the
Fair Housing Amendments Act, such provisions of this chapter shall
be interpreted and applied in such a way so as to comport with the
same, and the Board of Supervisors has the authority to grant waivers
from any ordinance provisions to effectuate reasonable accommodations,
or to take other actions, necessary for compliance with such Acts.
Wherever, under this chapter, a use is neither
specifically permitted nor denied and an application is made by an
applicant to the Zoning Officer for such use, the Zoning Officer shall
refer the application to the Board of Supervisors to hear and decide
such request as a conditional use. The Board of Supervisors shall
have the authority to permit the use or deny the use in accordance
with the standards governing conditional use applications. The use
may be permitted if it is similar to and compatible with the permitted
uses in the zone in which the subject property is located, is not
permitted in any other zone under the terms of this chapter, and in
no way is in conflict with the general purposes and intent of this
chapter. The burden of proof shall be upon the applicant to demonstrate
that the proposed use meets the foregoing criteria and would not be
detrimental to the public health, safety and welfare of the neighborhood.
[Amended 3-8-2016 by Ord.
No. 2015-12]
For the purpose of this chapter, Lehigh Township
is hereby divided into zones which shall be designated as follows:
Agriculture/Rural Residential
|
Village Residential
|
General Commercial
|
Neighborhood Commercial
|
Industrial
|
Office Business
|
Blue Mountain Conservation
|
Resort Commercial
|
Planned Resort Residential Community
|
[Amended 3-8-2016 by Ord.
No. 2015-12]
A revised Official Zoning Map of Lehigh Township,
marked as last revised May 13, 2014, a copy of which is included herein
as Exhibit 1[1] and, together with any explanatory matter thereon, is hereby declared to be a part of this chapter, as set forth in § 180-12. The original of this new Official Zoning Map shall be filed as part of the permanent records of the Township.
[1]
Editor’s Note: The Zoning Map is on file in the Township
offices.
The zone boundary lines shall be as shown on
the Zoning Map. The zone boundary lines are intended to follow generally
the boundary lines of streets and similar rights-of-way or lot lines,
or straight line projections of such lines, as they existed at the
time of passage of this chapter, or Township boundary lines, all as
shown on the Zoning Map. Where a zone boundary line does not follow
such a previously defined line, its position is shown on the Zoning
Map by a specific dimension expressing its distance in feet from a
street center line or another zone boundary line as indicated and
included herein.
This chapter is enacted in accordance with the Lehigh Township Comprehensive Plan and has been formulated to implement the purposes set forth in § 180-3 above. This chapter is enacted with regard to the community development objectives listed in the Lehigh Township Comprehensive Plan.
A.Â
General interpretation. For the purpose of this chapter,
words and terms used herein shall be interpreted as follows:
(1)Â
Words in the present tense shall include the future
tense unless the context clearly indicates the contrary.
(2)Â
The word "person" or "applicant" includes a profit
or nonprofit corporation, company, partnership, trust, or individual.
(3)Â
The word "used" or "occupied" as applied to any land
or building includes the words "intended, arranged, or designed to
be used or occupied."
(4)Â
The word "should" means that it is strongly encouraged
but is not mandatory.
(5)Â
The word "shall" is always mandatory.
(6)Â
The word "lot" includes plot or parcel.
(7)Â
The words "street," "highway" and "road" have the
same meaning and are used interchangeably.
(8)Â
The word "sale" shall also include rental.
(9)Â
The singular shall include the plural and vice versa
unless the context clearly indicates the contrary.
(10)Â
The masculine gender shall include the feminine
and neuter and vice versa.
(11)Â
If a word is not defined in this chapter but is defined in Chapter 147, Subdivision and Land Development, as amended, the definition in that chapter shall be used.
(12)Â
Any word or term not defined in this chapter or in Chapter 147, Subdivision and Land Development, as amended, shall be used with the meaning of standard usage within the context of the section.
(13)Â
The words "such as," "includes," "including"
and "specifically" shall provide examples but shall not by themselves
limit a provision only to items specifically mentioned, if other items
would otherwise comply with the provision.
(14)Â
If a word is defined in both this chapter and
another Township ordinance, each definition shall apply to the provisions
of each applicable ordinance.
B.Â
ABUT
ACADEMIC CLINICAL RESEARCH CENTER
ACCESS DRIVE
ACCESSORY APARTMENT
ACCESSORY EQUIPMENT
ACCESSORY SOLAR ENERGY SYSTEM
ACCESSORY USE OR BUILDING
ACRE
ACREAGE, NET
ACT
ADJACENT
ADULT-RELATED FACILITY
(1)Â
(2)Â
(3)Â
(a)Â
(b)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
(12)Â
(13)Â
(14)Â
(15)Â
AGRICULTURAL OPERATION
AGRICULTURE
(1)Â
(2)Â
ALLEY
ALTERATION
AMBULATORY SURGICAL FACILITY
AMUSEMENT ARCADE
ANIMAL HOSPITAL
ANTENNA
APPLICANT
ATTIC
AUTOMOBILE FILLING STATION
AUTOMOBILE SALES
AUTOMOBILE/SALVAGE FACILITY
AUTOMOBILE SERVICE
BASE FLOOD
BASE FLOOD ELEVATION
BASE STATION
(1)Â
(2)Â
(3)Â
(4)Â
BED-AND-BREAKFAST
BEDROOM
BEEKEEPING
BEST MANAGEMENT PRACTICES
BILLBOARD
BIRTH CENTER
BOARD
BOARDINGHOUSE
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING SETBACK LINE
CAFE
CAMPGROUND
CAMPSITE
CAPACITY RATING
CAREGIVER
CARPORT
CARTWAY
CAR WASH
(1)Â
(2)Â
(3)Â
CELLAR
CEMETERY
CERTIFICATE OF USE AND OCCUPANCY
CERTIFIED MEDICAL USE
CHANNEL
CHEMICAL OPERATIONS OR PROCESSING
CHURCH AND RELATED USES
CLINICAL REGISTRANT
(1)Â
(2)Â
CLUSTER DEVELOPMENT
COLLOCATION
COMMERCIAL FORESTRY
COMMERCIAL KEEPING AND HANDLING
COMMERCIAL LIVESTOCK OPERATION
COMMERCIAL RECREATION FACILITY
COMMERCIAL TRUCK
COMMON OPEN SPACE
COMMUNITY CENTER
COMPREHENSIVE PLAN
COMPRESSOR
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)
CONCENTRATED ANIMAL OPERATION (CAO)
CONDITIONAL USE
CONDOMINIUM
CONSERVATION PLAN
CONVALESCENT HOME
CONVENIENCE STORE
(1)Â
(2)Â
(3)Â
CONVENTION CENTER
CONVERSION APARTMENT
CORRECTIONAL FACILITY (aka PRISON or JAIL)
CUL-DE-SAC
DAY CARE
(1)Â
(2)Â
(3)Â
DENSITY, NET
DESIGNATED GROWTH AREA
DEVELOPER
DEVELOPMENT
DEVELOPMENTAL DISABILITY
(1)Â
(2)Â
(3)Â
DEVELOPMENTALLY DISABLED PERSON
DEVELOPMENT PLAN
DISPENSARY
DISTRIBUTED ANTENNA SYSTEM (DAS)
DISTRIBUTION
DRIVEWAY
DWELLING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(a)Â
(b)Â
[1]Â
[2]Â
[3]Â
(6)Â
(7)Â
DWELLING UNIT
EARTHMOVING ACTIVITY
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
EQUIPMENT COMPOUND
FAMILY
FARM
FARMERS' AND/OR FLEA MARKET
FARM OCCUPATION
FARM-RELATED BUSINESS
FENCE
FILL
FINANCIAL INSTITUTION
FLOOD
FLOOD ELEVATION
FLOODPLAIN
FLOODPROOF
FLOODWAY
FLOOR AREA, GROSS
FLOOR AREA, GROSS LEASABLE
FLOOR AREA, HABITABLE
FORESTRY
FORM OF MEDICAL MARIJUANA
FRONTAGE
FT. WORTH ATTACHMENT
FUNERAL HOME
FUTURE GROWTH AREA
GARAGE, PRIVATE
GENERALLY CONSISTENT
GOLF COURSE
GROUP HOME
GROUP INSTITUTION (including and aka JUVENILE DETENTION FACILITY)
GROWER/PROCESSOR
HAZARDOUS MATERIAL
HAZARDOUS WASTE
HAZARDOUS WASTE FACILITY
HEALTH AND FITNESS CLUB
HEALTH CARE FACILITY
HEAVY EQUIPMENT
HEIGHT, BUILDING
HEIGHT, STRUCTURE
HELICOPTER PAD (PRIVATE)
HELIPORT
HISTORIC APARTMENT CONVERSION
HISTORIC RESTAURANT CONVERSION
HISTORIC STRUCTURE
HOME OCCUPATION
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
HOSPITAL
HOTEL
IDENTIFICATION CARD
IMPERVIOUS SURFACE
IMPORTANT NATURAL HABITAT
(1)Â
(2)Â
(3)Â
INTERMEDIATE CARE FACILITY
JUNK
KENNEL
KILOWATT (kW)
KILOWATT-HOUR (KWH)
LANDOWNER
LIGHT INDUSTRIAL
LOADING SPACE
LONG-TERM CARE NURSING FACILITY
LOT
(1)Â
(2)Â
(3)Â
(4)Â
LOT AREA
LOT COVERAGE
LOT DEPTH
LOT OF RECORD
LOT WIDTH
MANUFACTURE
MANURE
MANURE STORAGE FACILITY
MAXIMUM FLOOD ELEVATION
MEAN SEA LEVEL
MEDIATION
MEDICAL MARIJUANA
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
MEDICAL OFFICE BUILDING
MEDICAL OR DENTAL CLINIC
MEDICAL RESIDENTIAL CAMPUS
MEGAWATT (MW)
MEMBERSHIP CLUB
MINERAL
MINIMUM FUNCTIONAL HEIGHT
MINI WAREHOUSE
MIXED USE MULTIFAMILY BUILDING
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MODIFICATION
MONOPOLE
MOTEL
NEW CONSTRUCTION
NIGHTCLUB
NONCOMMERCIAL KEEPING OF LIVESTOCK
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONCONFORMITY, DIMENSIONAL
NURSING, REST AND RETIREMENT HOMES
OBSTRUCTION
OCCUPANCY
OFFICE
OFF-TRACK BETTING PARLOR
OIL AND GAS COMPRESSOR STATION
OIL AND GAS METERING STATION/ABOVEGROUND GATHERING FACILITY
OIL AND GAS PIPELINE
OIL AND GAS PROCESSING FACILITY
ONE-HUNDRED-YEAR FLOOD
ONE-HUNDRED-YEAR FLOOD BOUNDARY
ONE-HUNDRED-YEAR FLOOD ELEVATION
ON-LOT SEWER SERVICE
ON-LOT WATER SERVICE
OPEN SPACE
OVERLAY DISTRICT
PADEP
PARKING COMPOUND
PARKING LOT
PARKING SPACE
PARK, PUBLIC AND/OR NONPROFIT
PennDOT
PERSONAL CARE FACILITY
PESTICIDE
PETROLEUM PRODUCT
PHOTOVOLTAIC (PV)
PIPELINE CORRIDOR
PLANNED CENTER
PLANNED RESIDENTIAL DEVELOPMENT
PLANNING COMMISSION
POLLUTION
POWER PURCHASE AGREEMENTS (PPA)
PREMISES
(1)Â
(2)Â
(3)Â
PRESERVATION or PROTECTION
PRIME AGRICULTURAL LAND
PRINCIPAL SOLAR ENERGY PRODUCTION FACILITY
PRINCIPAL WASTE HANDLING FACILITY
PRIVATE CLUB
PROCESSING
PROFESSIONAL BIOLOGIST
PROTECTED USE or PROTECTED STRUCTURE
PUBLIC
PUBLIC HEARING
PUBLIC INFRASTRUCTURE AREA
PUBLIC MEETING
PUBLIC NOTICE
PUBLIC SEWER
PUBLIC UTILITY
PUBLIC WATER
RADIOACTIVE MATERIAL
RECREATIONAL VEHICLE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
RECYCLING FACILITY
REGISTRY
REGULATORY FLOOD ELEVATION
RENEWABLE ENERGY SOURCE
RENTAL
REPAIR
REPLACEMENT
RESTAURANT
RESTAURANT, DRIVE-THROUGH OR FAST-FOOD
RETAIL
RIDING STABLE
RIGHT-OF-WAY
ROOFLINE
RURAL RESOURCE AREA
SALDO
SATELLITE DISH ANTENNA
SCHOOL
(1)Â
(2)Â
(3)Â
(4)Â
SCREENING
SEASONAL MERCHANDISE
SEASONAL RESIDENCE
SETBACK
(1)Â
(2)Â
(3)Â
SETBACK LINE
SEWAGE SLUDGE
SFD
SHADE TREE
SHOOTING RANGE
SHOPPING CENTER
SHORT-TERM RENTAL
SHORT-TERM RENTAL LICENSE
SIGN
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
SINGLE AND SEPARATE OWNERSHIP
SITE
SKILLED NURSING FACILITY
SLAUGHTERHOUSE
SLOPE
SLUDGE DISPOSAL
SOIL SURVEY
SOLAR ENERGY SYSTEM
SOLAR-RELATED EQUIPMENT
SPECIAL EXCEPTION
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
STEALTH TECHNOLOGY
STORAGE
STOREFRONT
STORY
STREET
STREET CENTER LINE
STREET LINE (RIGHT-OF-WAY LINE)
STRUCTURE
(1)Â
(a)Â
(b)Â
(2)Â
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
(1)Â
(2)Â
(3)Â
SUBSTANTIAL IMPROVEMENT
SWIMMING POOL
TAVERN
TESTING
TOWER
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED
WCF)
TOWNSHIP
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
TRANSIENT VISITOR
TRANSMISSION EQUIPMENT
TRUCK STOP
TRUCK TERMINAL
TWO-FAMILY CONVERSION
USE
(1)Â
(2)Â
USE AND OCCUPANCY PERMIT
VARIANCE
VETERINARIAN'S OFFICE
WAREHOUSE
WASTE
WATER COMPANY
WATERCOURSE
WATER IMPOUNDMENT, FRESH
WATER IMPOUNDMENT, WASTE
WATERSHED
WCF ON EXISTING STRUCTURE
WECS UNIT (WIND ENERGY CONVERSION SYSTEM)
WETLAND
WHOLESALE
WHOLESALE TRADE
WINDOW
WINERY
(1)Â
(2)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(3)Â
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS SUPPORT STRUCTURE
YARD
(1)Â
(2)Â
(3)Â
ZONING
ZONING CERTIFICATE
Specific words and phrases. The following words and
phrases shall have the particular meaning assigned by this section
in the appropriate sections of this chapter:
Areas of contiguous lots which share a common lot line, except
not including lots entirely separated by a street or non-intermittent
waterway.
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.
[Added 6-27-2017 by Ord.
No. 2017-3]
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a tract of land containing
any use other than one single-family dwelling unit, single-family
semidetached (twin), townhouses, multiple-family building or farm.
[Amended 3-28-2017 by Ord. No. 2017-1]
A separate dwelling unit that is contained upon the same
lot as an owner-occupied single-family detached dwelling and is contained
within the principal dwelling building and is inhabited only by a
person or persons related by blood or marriage to one or more of the
occupants of the principal dwelling. All accessory apartments shall
have direct separate means of entrance/exit.
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, base stations,
cabinets and storage sheds, shelters or similar equipment.
[Added 6-13-2017 by Ord.
No. 2017-2]
A solar collection system consisting of one or more roof-
and/or ground-mounted solar collector devices and solar-related equipment,
which has a rated capacity of less than or equal to 30 kilowatts (for
electricity) or that has a lot coverage collector area of less than
or equal to 1,000 square feet, and is intended to primarily reduce
and/or supplement on-site consumption of utility power. A system is
considered an accessory solar energy system only if it supplies electrical
power solely for on-site use, except that when a property upon which
the facility is installed also receives electrical power supplied
by a utility company, excess electrical power generated and not presently
needed for on-site use may be used by the utility company.
[Added 10-23-2012 by Ord. No. 2012-2; amended 8-9-2022 by Ord. No. 2022-2]
A subordinate use or building customarily incidental to,
and located on the same lot occupied by, the main use or building.
The term "accessory building" may include a private garage, garden
shed or barn, a private playhouse, a private greenhouse, or a private
swimming pool as hereinafter provided.
43,560 square feet.
The total land area contained within a property or proposed
site, exclusive of lands within an existing or proposed public or
private street right-of-way.
The latest version of the Commonwealth of Pennsylvania Municipalities
Planning Code, as amended.[1]
Includes contiguous lots which share a common lot line or
that are separated only by a street or waterway.
A business or club which engages in one or more of the following
areas of sales, services, or entertainment:
ADULT BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor, or similar professional licensed by the Commonwealth of Pennsylvania.
ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.
ADULT BOOKSTOREAny establishment which has more than 50% of its stock-in-trade consisting of:
Books, films, videotapes, magazines or other
periodicals or other forms of audio or visual representation which
are distinguished or characterized by an emphasis on depiction of
specified sexual activities or specified anatomical areas; and/or
Instruments, devices or paraphernalia (excluding
prophylactics) which are designed for use in connection with specified
sexual activities.
ADULT CABARETA nightclub, theater, bar, or similar establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and/or body manipulation, including exercises, heat, and light treatment of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five but fewer than 50 persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and which is in fact authorized thereunder to issue or confer, a diploma.
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration which provides patrons with material distinguished or characterized by an emphasis on depiction of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depiction of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business which provides an out-call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who or which, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.
ADULT THEATERA theater, concert hall, auditorium, or similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
Any other business or establishment which offers
its patrons services or entertainment characterized by an emphasis
on matter depicting, describing, or relating to specified sexual activities
or specified anatomical areas.
An enterprise that is actively engages 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
in by farmers or are consistent with technological development with
the agricultural industries.
The tilling of the soil, the raising of crops, forestry,
horticulture and gardening, including the raising of livestock such
as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds,
fish, bees, and other similar animals. This definition also includes
noncommercial greenhouses and mushroom houses. Agriculture can involve
the incidental slaughter of livestock which has been raised on the
site for no less than 2/3 of its lifespan.
AGRICULTURE, EXTENSIVEExtensive agriculture shall be deemed to include the customary growing of crops and raising of livestock for production of meat, dairy products, skins and like activities, such as horticulture, excluding intensive agriculture as hereinafter defined. Extensive agriculture envisions a demand for substantial areas of land, and, by reason of disbursed activity, it generally will present few unusual environmental problems, such as runoff, animal waste concentrations and the like.
AGRICULTURE, INTENSIVEIntensive agriculture is intended to include, but not be limited to, the following activities: raising of poultry, mushroom houses, fattening pens, enclosed feed lots, and pig farms. The hallmarks of intensive agriculture may include one or more of the following: relatively small lot areas, strong offensive odors, substantial runoff, large concentrations of animal waste, noise, and extensive use of chemical, compost and manure piles. In addition to all of the foregoing, the land application of sewage sludge shall not be deemed an accessory use to extensive agriculture but shall be deemed intensive agriculture, subject to all of the terms, conditions and limitations of engaging in intensive agriculture under the terms of this chapter. Intensive and extensive agriculture may coexist upon the same tract of land, and those portions of a farm dedicated to intensive agriculture shall be separately addressed and deemed a separate and distinct use.
A public or private thoroughfare, with a cartway or right-of-way
of 20 feet or less which affords only a secondary means of access
to abutting property and is not intended for general traffic circulation.
An alley is not a street. In the PRRC Zone, an "alley" is defined
as a private thoroughfare providing for either one-way or two-way
traffic which may afford a primary or secondary means of access to
abutting property and is intended for traffic circulation only to
and from abutting properties.
[Amended 3-8-2016 by Ord.
No. 2015-12; 10-27-2020 by Ord. No. 2020-6]
A facility, not located on the premises of a hospital, which
provides outpatient surgical treatment. "Ambulatory surgical facility"
does not include individual or group practice offices of private physicians
or dentists, unless such offices have a distinct part used solely
for outpatient surgical treatment on a regular and organized basis.
For the purposes of this definition, "outpatient surgical treatment"
means surgical treatment to patients who do not require hospitalization
but who require constant medical supervision following the surgical
procedure performed. In the event that the Pennsylvania statute defining
this term is amended, or further amended, in that event this term
shall be redefined as set forth in the statute. (See 35 P.S. § 448.802a,
as amended.)
A commercial establishment which provides, as a principal
use, amusement devices and/or games of skill or chance (e.g., pinball
machines, video games, skeeball, electronic or water firing ranges,
and other similar devices). This definition does not include the use
of two or fewer such devices as an accessory use.
Any establishment offering veterinary services. Animal hospitals
can treat any or all types of animals and can include outdoor and
overnight boarding of animals.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless communications services. An antenna shall not include private
residence-mounted satellite dishes or television antennas or amateur
radio equipment including, without limitation, ham or citizen band
radio antennas.
[Added 6-13-2017 by Ord.
No. 2017-2]
A landowner or developer, as hereinafter defined, who has
an application for development, including his heirs, successors and
assigns.
That part of a building which is immediately below and wholly
or partly within the roof framing. Within a dwelling unit, an attic
shall not be counted as floor area unless it is constructed as or
modified into a habitable room by the inclusion of dormer windows,
an average ceiling height of five feet or more, and a permanent stationary
interior access stairway to a lower building story.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil or
other lubricating substances, including any retail sales of motor
vehicle accessories, which may not include major repairing, body and
fender work, painting, vehicular sales or rental, or automatic car
washes.
Any building or land devoted to the retail sales of passenger
vehicles, including accessory service and repair facilities if conducted
within a wholly enclosed building.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including but not limited to wastepaper, rags, metal, building
materials, house furnishings, machinery, vehicles, or parts thereof,
with or without the dismantling, processing, salvage, sale, or other
use or disposition of the same. The deposit or storage on a lot of
one or more unlicensed, wrecked, or disabled vehicles, or the major
part thereof, shall be deemed to constitute an automobile/salvage
facility. (A disabled vehicle is a vehicle intended to be self-propelled
that shall not be operable under its own power for any reason or a
vehicle that does not have a valid current registration plate or that
has a certificate of inspection which is more than 60 days beyond
the expiration date.)
The retail repair, servicing, maintenance or reconstruction
of passenger vehicles, but not including car washes, per se.
The flood having a one-percent chance of being equaled or
exceeded in any given year (one-hundred-year flood).
The projected flood height of the base flood.
A structure or equipment at a fixed location that enables
Federal Communications Commission-licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower or any equipment associated with
a tower.
[Added 6-13-2017 by Ord.
No. 2017-2]
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
(i.e., wifi) and fixed wireless services (i.e., point-to-point microwave
transmissions) such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with Lehigh Township under § 180-71, supports or houses equipment described in Subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
A single-family detached dwelling where one or more, but
not more than five, rentable bedrooms are rented to overnight guests
on a daily basis for periods not to exceed two weeks and which includes
the owner residing on the premises. Breakfast shall only be offered
to registered overnight guests.
[Amended 9-8-2020 by Ord. No. 2020-1; 5-11-2021 by Ord. No. 2021-2]
Any room or space designated to be used or intended to be
used for sleeping purposes. Spaces used for eating, cooking, bathrooms,
toilet rooms, closets, halls, storage or utility room and similar
uses are not considered bedrooms.
[Added 11-10-2020 by Ord.
No. 2020-3]
An accessory use to a farm in the A/RR Zone in which bees are raised and/or kept in compliance with § 180-16B(11)(c) of this chapter.
Practices that are designed to prevent or reduce impacts
caused to air, water, soil, or biological resources, and to minimize
the adverse impacts to public health, safety and welfare, including
the environment and wildlife resources, utilizing the best available
technology to the maximum extent possible.
[Added 8-28-2018 by Ord.
No. 2018-6]
A sign upon which images and/or messages of any kind are
printed, posted, lettered or electronically displayed, whether freestanding
or attached, to a surface of a building or other structure. A billboard
is used to advertise products, services, or businesses at a location
other than the premises on which the sign is placed or to disseminate
other messages.
A facility, not part of a hospital, which provides maternity
care to childbearing families not requiring hospitalization. A birth
center provides a homelike atmosphere for maternity care, including
prenatal, labor, delivery, and postpartum care related to medically
uncomplicated pregnancies. In the event that the Pennsylvania statute
defining this term is amended, or further amended, then in that event
this term shall be redefined as set forth in the statute. (See 35
P.S. § 448.802a, as amended.)
The Zoning Hearing Board of Lehigh Township.
A detached building arranged or used for sheltering or feeding,
or both, for three or more but not more than 10 individuals that do
not constitute a family.
Any structure, either temporary or permanent, having walls
and a roof or other covering and designed or used for the shelter
or enclosure of any person, animal, or property of any kind, including
tents, awnings, or vehicles situated on private property and used
for purposes stated above.
The total of areas taken on a horizontal plane at the average
grade level of the principal building and all accessory buildings,
exclusive or uncovered patios, decks, awnings, terraces, and steps.
A building's vertical measurement from the mean level of
the ground abutting the building at its corners to the highest point
on the roof.
The actual line of that face of the building nearest an adjacent
right-of-way or street line. This face includes any structure above
grade, except steps.
An exterior seating area associated with a restaurant or
tavern which is under constant supervision by an employee of the business.
A lot, tract, or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupation
by transients in recreational vehicles or tents.
A plot of ground within a campground intended for occupation
by a recreational vehicle or tent.
The rating given to a PV system by its manufacturer denoting
the load the system is able to meet or supply when operating at full
capacity. For a solar PV system, this will occur when the system is
in direct sunlight with no shade.
[Added 10-23-2012 by Ord. No. 2012-2]
The individual designated by a patient to deliver medical
marijuana.
[Added 6-27-2017 by Ord.
No. 2017-3]
An unenclosed structure for the storage of one or more vehicles
in the same manner as a private garage, which may be covered by a
roof supported by columns or posts, except that one or more walls
may be the walls of the main building to which the carport is accessory.
The surface of a street, access drive, driveway or alley
for vehicular traffic, including travel lanes and parking lanes but
not including curbs, sidewalks, or swales.
A principal or accessory use whereby structures equipped
with apparatus for the washing, waxing, and/or vacuuming of vehicles
are provided.
AUTOMATIC CAR WASHA self-serve car wash in which the vehicle enters a washing bay and is cleaned solely by a mechanized process.
FULL-SERVICE CAR WASHA car wash in which attendants are responsible for some portion of the washing process.
SELF-SERVICE CAR WASHA car wash in which the vehicle enters a washing bay and is cleaned by the vehicle's occupants using available equipment and cleansers.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling
unit, a cellar shall not be counted as floor area or as a story of
permissible building height.
Land used or intended to be used for the burial of the deceased,
including columbaria, mausoleums, and mortuaries when operated in
conjunction with the cemetery and within the boundaries thereof. This
definition shall not include crematoria.
A statement signed by the Zoning Officer setting forth that
a building, structure or use legally complies with this chapter and
other applicable codes and regulations and that the same may be used
for the purposes stated therein.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth.
[Added 6-27-2017 by Ord.
No. 2017-3]
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
The manufacturing, processing or storage of chemicals individually
or combined for the purpose of sales as part of an overall product
manufacturing process.
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, and church-related
educational and/or day-care facilities.
An entity that:
[Added 6-27-2017 by Ord.
No. 2017-3]
Holds a permit both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
A development that blends residences with areas of natural
sensitivity and/or public park lands. Cluster developments are permitted
as a conditional use within the Village Residential Zone.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
[Added 6-13-2017 by Ord.
No. 2017-2]
Producing and/or maintaining with the express purpose and
intent of selling the product.
An agricultural use involving the commercial keeping and
handling of livestock in quantities exceeding any one of the following:
five horses; 10 swine; 25 sheep; 25 dairy, beef or veal cattle; 500
poultry, excluding turkeys; or 100 turkeys.
An activity operated as a business, open to the public, for
the purpose of public recreation or entertainment, including but not
limited to bowling alleys, drive-in motion-picture facilities, swimming
pools, health clubs, miniature golf courses, etc. This definition
does not include adult-related uses, shooting ranges, amusement arcades,
or off-track betting parlors, as defined herein.
A vehicle that exceeds a gross vehicle weight (truck plus
rated payload) of 10,000 pounds.
Any area of land or water, or a combination of land and water,
within a development site designed and intended for use by all residents
of the development or the general public. Land included within the
right-of-way lines of streets and stormwater detention basins shall
not be classified as common open space. Common open spaces shall not
include required setbacks between buildings and street rights-of-way,
driveways, access drives, parking areas, and property lines of the
development. No dwelling unit, residential accessory building, or
parking or loading area may be located within common open space.
A noncommercial use chartered as a nonprofit organization
for use by the residents of the community in which it is located.
Such use exists solely to provide educational, cultural, recreational
or civic activities and programs open to the general public or certain
age groups. The use also may include the noncommercial preparation
and/or provision of meals to low-income elderly persons. This use
shall not include residential uses, day care, health care facilities,
personal care facilities or centers for the treatment of alcohol and/or
drug abuse.
The most recently adopted version of the Official Comprehensive
Plan of Lehigh Township, Northampton County, Commonwealth of Pennsylvania,
including all amendments.
A device that raises the pressure of oil and natural gas
and/or by-products. Compressors are any devices that create a pressure
differential to move or compress a liquid, vapor, or a gas. Any such
device used alone or in series to adequately move a liquid, vapor
or a gas is considered a compressor.
[Added 8-28-2018 by Ord.
No. 2018-6]
All land and/or a lot, facility, parcel, or operating location in which animals have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any twelve-month period and where a ground cover of vegetation is not sustained over at least 50% of the animal confinement area. A concentrated animal feeding operation shall include any agricultural operation with more than 1,000 animal equivalency units (AEUs); an agricultural operation with animals with a discharge to surface waters during a storm event of less than twenty-five-year/twenty-four-hour storm; or a concentrated animal operation (CAO) as defined below in § 180-15 with greater than 300 animal equivalent units (AEUs). For purposes of this definition, "animal confinement area" includes the buildings or structures, including feedlots, in which animals are confined, but does not include contiguous land used as plant filter areas over which crops or other vegetation are raised independent from the animal feeding operations.
[Added 4-27-2010 by Ord. No. 2010-4]
An agricultural operation where the animal density exceeds
two animal equivalent units (AEU) per acre on an annual basis. An
AEU is 1,000 pounds of live weight of any animal. Standard animal
weights used to determine the AEU calculation are found in Table 1
as follows:
Table 1
| |||
---|---|---|---|
Standard Animal Weights Used To Calculate
Animal
Equivalent Units to Identify Concentrated
Animal Operations and Concentrated Animal Feeding Operations
[Amended 4-27-2010 by Ord. No. 2010-4]
| |||
Type of Animal
|
Standard Weight (pounds) During Production
(range)
| ||
Swine
| |||
Nursery pig
|
30 (15 to 45)
| ||
Finishing pig
|
145 (45 to 245)
| ||
Gestating sow
|
400
| ||
Sow and litter
|
470
| ||
Beef
| |||
Calf: 0 to 8 months
|
300 (100 to 500)
| ||
Finishing: 8 to 24 months
|
850 (400 to 1,200)
| ||
Cow
|
1,150
| ||
Veal
| |||
Calf: 0 to 16 weeks
|
250 (100 to 400)
| ||
Poultry
| |||
Layer: 18 to 65 weeks
|
3.25 (2.75 to 3.75)
| ||
Layer: 18 to 105 weeks
|
3.48 weighted average
| ||
Layer, brown egg: 20 to 65 weeks
|
4.3 (3.6 to 5)
| ||
Layer, brown egg: 20 to 105 weeks
|
4.63 weighted average
| ||
Pullet: 0 to 18 weeks
|
1.42 (0.08 to 2.75)
| ||
Broiler, large: 0 to 57 days
|
3.0 (0.090 to 4.5)
| ||
Broiler, medium: 0 to 43 days
|
2.3 (0.090 to 4.5)
| ||
Roaster
|
3.54 (0.09 to 7)
| ||
Male: 0 to 8 weeks
| |||
Female: 0 to 10 weeks
| |||
Turkey, tom: 0 to 18 weeks
|
14.1 (0.12 to 28)
| ||
Turkey, hen: 0 to 14 weeks
|
7.1 (0.12 to 14)
| ||
Duck: 0 to 43 days
|
3.56 (0.11 to 7)
| ||
Guineau: 0 to 14 to 24 weeks
|
1.9 (0.06 to 3.75)
| ||
Pheasant: 0 to 13 to 43 weeks
|
1.53 (0.05 to 3)
| ||
Chukar: 0 to 13 to 43 weeks
|
0.52 (0.04 to 1)
| ||
Quail: 0 to 13 to 43 weeks
|
0.26 (0.02 to 0.5)
| ||
Goose: 0 to 14 weeks
|
7.1 (0.12 to 14)
| ||
Dairy
| |||
Holsten/Brown Swiss Cow
|
1,300
| ||
Heifer: 1 to 2 years
|
900 (650 to 1,150)
| ||
Calf: 0 to 1 year
|
375 (100 to 650)
| ||
Bull
|
1,500
| ||
Ayrshire/Guernsey Cow
|
1,100
| ||
Heifer: 1 to 2 years
|
800 (575 to 1,025)
| ||
Calf: 0 to 1 year
|
338 (100 to 575)
| ||
Bull
|
1,250
| ||
Jersey Cow
|
900
| ||
Heifer 1 to 2 years
|
600 (400 to 800)
| ||
Calf: 0 to 1 year
|
225 (50 to 400)
| ||
Bull
|
1,000
| ||
Sheep
| |||
Lamb: 0 to 26 weeks
|
50 (10 to 90)
| ||
Ewe
|
150
| ||
Ram
|
185
| ||
Goat
| |||
Kid: 0 to 10 months
|
45 (5 to 85)
| ||
Doe
|
145
| ||
Buck
|
175
| ||
Horse
| |||
Foal
|
325 (125 to 625)
| ||
Yearling
|
750 (625 to 875)
| ||
Nondraft breeds: mature
|
1,000
| ||
Draft breeds: mature
|
1,700
|
A use which may be appropriate to a particular zoning district only when specific conditions and criteria prescribed for such use have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 180-128 of this chapter.
A form of property ownership providing for individual ownership
of a specific dwelling unit or other space together with an undivided
interest in the land or other parts of the structure in common with
other owners.
A plan including map(s) and narrative that, at the very least,
outlines an erosion and sedimentation control plan for an identified
parcel of land.
A facility for long-term residence of persons infirmed, ill,
or of advanced age who are in need of custodial care and attention,
but not active treatment, and may include a health care facility,
provided that the convalescent home shall be licensed by an appropriate
agency of the Commonwealth of Pennsylvania.
A retail sales business which specializes in providing household
products and food.
Convenience stores may also provide for any
or all of the following as an accessory use:
The rental of videotapes, provided that an adult
bookstore is specifically prohibited;
Convenience stores shall not include the dispensing
of gasoline or other vehicle fuels, unless the appropriate approvals
for an automobile filling station (as defined herein) have been obtained.
A group of uses designed and constructed as an integrated
development to serve those attending consumer trade shows, association
conferences and meetings, sports shows, banquets, receptions, and
other similar functions.
The adaptation of one single-family detached dwelling to
two or more dwelling units.
A publicly or privately operated facility housing persons
(either juvenile or adult) awaiting criminal trial or adjudication,
serving a sentence after being found guilty of a criminal offense
or being adjudicated delinquent for a crime, which may be within the
jurisdiction of a federal, state or local probation, parole or corrections
agency and/or receiving treatment other than at a hospital while under
the jurisdiction of such authority or agency. The term shall include,
but not be limited to, jails, prisons, work release centers, pre-release
centers and treatment centers. The term shall not include a group
home or group institution otherwise approved and regulated by this
Zoning Ordinance.
[Added 10-14-2014 by Ord. No. 2014-4]
A dead-end street equipped with a vehicular turnaround at
its terminus.
The offering of care or supervision over minors or special
needs adults in lieu of care or supervision by family members. This
definition does not include the offering of overnight accommodations.
DAY CARE, ACCESSORYA day-care facility that is operated as an accessory use to a dwelling unit, whereby care and supervision are offered to no more than three nonresidents of the site during any calendar day. These facilities are permitted by right in every zone.
DAY CARE, FAMILYA day-care facility that is operated as an accessory use to a dwelling unit, in which care and supervision are offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered by the Department of Public Welfare of the Commonwealth of Pennsylvania.
DAY CARE, COMMERCIALA day-car facility that offers care and supervision to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, churches, industries, residential complex, etc.); however, in no case shall commercial day care be considered an accessory use to one dwelling unit. Commercial day-care facilities shall include group child day-care homes and child day-care centers, as defined and regulated by the Department of Public Welfare of the Commonwealth of Pennsylvania. All commercial day-care centers must obtain a valid certificate of compliance from the Department of Public Welfare of the Commonwealth of Pennsylvania prior to operation.
The number of dwelling units permitted in relation to the
land area actually in use or proposed to be used for residential purposes,
exclusive of public and/or private streets.
A region within a county or counties described in a municipal
or multi-municipal plan that preferably includes and surrounds a city,
borough or village and within which residential and mixed-use development
is permitted or planned for at densities of one unit to the acre or
more; commercial, industrial and institutional uses are permitted
or planned for; and public infrastructure services are provided or
planned.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited buildings or other structures, mining, dredging,
filling, grading, excavating, or drilling operations.
A disability of a person which has continued or can be expected
to continue indefinitely; a disability which is:
Attributable to mental retardation, cerebral
palsy, epilepsy, autism, injury and/or trauma;
Found to be attributable to any other conditions
found to be closely related to mental retardation because such condition
results in similar impairment of general intellectual functioning
or adaptive behavior to that of a mentally retarded person(s) or requires
treatment and services similar to those required for such persons;
or
A person with a developmental disability.
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.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
to dispense medical marijuana.
[Added 6-27-2017 by Ord.
No. 2017-3]
A small network of antennas that are connected to a common
source that provides coverage in a building or a small geographic
area.
[Added 6-13-2017 by Ord.
No. 2017-2]
A process whereby materials, goods, or products are imported,
stored by one person, and then delivered to another.
Any means for passage of vehicles, whether one combined ingress/egress
point or one clearly defined ingress point appropriately separated
from another clearly defined egress point, between property abutting
on a private or public street serving one single-family dwelling unit,
semidetached (twin), townhouse or multiple-family building, farm or
public facility. It will also include such drainage structures as
may be necessary for the proper construction and maintenance thereof.
[Amended 3-28-2017 by Ord. No. 2017-1]
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including
hospitals, hotels, boarding-, rooming and lodging houses, institutional
houses, tourist courts, and the like, offering overnight accommodations
for guests or patients. All dwellings must be permanently affixed
to a completely enclosed foundation constructed of currently accepted
materials that shall be an entire perimeter wall and extend from below
the frost line to the first floor of the building. Such foundation
shall be constructed to provide sufficient structural integrity to
prevent the building from heaving, shifting, or settling unevenly
due to frost action. In addition, all dwellings shall be properly
connected to approved and permanently designed sewer, water, electrical
and other utility systems.
SINGLE-FAMILY DETACHED (SFD)A freestanding building containing one dwelling unit for one family and having two side yards, one front yard, and one rear yard; in the case of a corner lot, the building will have one front and side yard with street, one side yard and one rear yard. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, they comply with Subsection (2), which follows, the definition of "dwelling" and § 180-36B. Travel trailers, as defined herein,[2] shall not be construed as dwellings. Modular homes can
be considered single-family detached dwellings so long as they comply
with the general requirements of a dwelling. (Figure 1)
DUPLEX (TWO-FAMILY; SINGLE-FAMILY SEMIDETACHED)A freestanding building containing two dwelling units for two families, arranged in a side-by-side configuration. Each unit shall be constructed on an individual lot which shall have one front, side and rear yard. (Figure 2)
MULTIPLE-FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units. (Figure 3)
TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls. (Figure 4)
MOBILE HOMEFor the purpose of this chapter, all mobile homes shall be governed by all regulations applicable to single-family detached dwellings and the following:
All apparatus used to tow or transport the mobile
home (including but not limited to the towing hitch) shall be removed;
and
All mobile homes and additions thereto shall
be anchored to resist flotation, collapse, or lateral movement by
providing over-the-top or frame ties to ground anchors in accordance
with the American National Standards, as specified in the Standard
for the Installation of Mobile Homes Including Mobile Home Park Requirements
[NFPA No. 501A-1974 (ANSI A119.3-1975)], as amended for mobile homes
in hurricane zones, or other appropriate standards, such as the following:
Over-the-top ties shall be provided at each
of the four corners of the mobile home, with two additional ties per
side at intermediate locations for units 50 feet or more in length
and one additional tie per side for units less than 50 feet in length;
Frame ties shall be provided at each corner
of the mobile home, with five additional ties per side at intermediate
locations for units 50 feet or more in length and four additional
ties per side for units less than 50 feet in length; and
All components of the anchoring system shall
be capable of carrying a force of 4,800 pounds.
CARRIAGE HOUSEA building within the PRRC Zone containing four dwelling units arranged in a back-to-back configuration with two or more common party walls. (Figure 5).
[Added 10-27-2020 by Ord.
No. 2020-6]
COTTAGEA freestanding building in the PRRC Zone containing one single-family detached dwelling unit for one family and up to three other single-family detached dwelling units which share a single driveway.
[Added 10-27-2020 by Ord.
No. 2020-6]
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary
facilities.
Any construction or other activity which disturbs the surface
of the land, including but not limited to excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth, excluding
the tilling of the soil.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving: i) collocation of new transmission
equipment; ii) removal of transmission equipment; or iii) replacement
of transmission equipment.
[Added 6-13-2017 by Ord.
No. 2017-2]
Any tower or base station, provided that it is existing at
the time the relevant application is filed.
[Added 6-13-2017 by Ord.
No. 2017-2]
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
[Added 6-13-2017 by Ord.
No. 2017-2]
An individual or individuals related by blood, marriage,
or adoption (including persons receiving foster care) that maintain
one common household and live within one dwelling unit. Additionally,
up to three unrelated individuals who maintain a common household
and live within one dwelling unit may be considered a family. Finally,
a family shall also expressly include unrelated persons who reside
within a licensed group home, as defined herein.
Any parcel of land with 10 or more acres which is used in
the raising of agricultural products, including but not limited to
trees, livestock, poultry or dairy products, including necessary farm
structures and the storage of equipment customarily incidental to
the primary use.
A retail sales use where more than one vendor displays and
sells general merchandise that is new or used. Farmers' and/or flea
markets can include indoor and outdoor display of merchandise.
An accessory use to the primary agricultural use of a property
in which residents engage in a secondary occupation conducted on the
active farm.
A principal use that may or may not be located upon a farm,
at which goods and services are rendered in support of local farming
operations.
A freestanding, artificially constructed barrier consisting
of wood, glass, metal, plastic, wire, wire mesh or masonry or a combination
thereof, erected to enclose, screen or separate properties or areas
of a property.
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land, including but not limited
to levees, bulkheads, dikes, jetties, embankments, and causeways.
A bank, savings and loan association, credit union, finance
or loan company, etc.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overland flow of watercourses
or from the unusual and rapid accumulation or runoff of surface waters
from any source.
The projected heights, in relation to the National Geodetic
Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes
and frequencies in the floodplain areas.
An area of land adjacent to the channel of a watercourse
which has been or is likely to be flooded, or any area subject to
the unusual and rapid accumulation or runoff of surface waters from
any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to property, structures and their contents.
The channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the base flood elevation more than one foot.
The sum of the floor areas of a building as measured to the
outside surfaces of exterior walls and including all areas intended
and designed for the conduct of a business or use.
The total floor area designed for occupancy by an owner or
tenant, as measured to the center of interior joint walls and the
exterior of outside walls.
The sum of the floor areas of a dwelling unit as measured
to the outside surfaces of exterior walls and including all rooms
used for habitation, such as living room, dining room, kitchen, bedroom,
bathroom, closets, hallways, and stairways, but not including cellars
or attics, or service rooms or areas such as utility rooms, or unheated
areas such as enclosed porches.
The management of forest and timberlands when practiced in
accordance with accepted silvicultural principals, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes. Forestry shall not include the removal of timberlands for
purposes of constructing a residential dwelling on a lot size of two
acres or less.
[Amended 11-14-2006 by Ord. No. 2006-6]
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 6-27-2017 by Ord.
No. 2017-3]
The linear measurement taken along a property's common boundary
with an adjoining street right-of-way, other than that of a limited
access highway.
A nonfreestanding pole which is attached to an electrical
transmission tower which is used to support antennas and accessory
equipment and which is anchored to the ground and obtains lateral
bracing by direct attachment to the electrical transmission tower.
[Added 6-13-2017 by Ord.
No. 2017-2]
A principal use for the preparation and viewing of the dead
prior to burial or cremation. Funeral homes shall not include cemeteries,
columbaria, mausoleums, or entombments but may include mortuaries
and crematoria.
An area of a municipal or multi-municipal plan outside of
and adjacent to a designated growth area where residential, commercial,
industrial and institutional uses and development are permitted or
planned at varying densities and public infrastructure services may
or may not be provided, but future development at greater densities
is planned to accompany the orderly extension and provision of public
infrastructure services.
An accessory building for the storage of one or more automobiles
and/or other vehicles accessory and incidental to the primary use
of the premises; provided, however, that one commercial vehicle may
be stored therein where the use of such vehicle is not incidental
to the use of the premises. No business, occupation or service shall
be conducted therein, nor shall space therein for more than one vehicle
be leased to a nonoccupant of the premises. Where a garage is an attached
integral part of a dwelling unit, the garage shall not be counted
as floor area unless it is constructed or modified into a habitable
room by the removal of all vehicular access doors and provided that
adequate off-street parking is still available on the same lot as
the dwelling unit.
That which exhibits consistency.
A golf course with a minimum of 2,800 yards of play in nine
holes.
A dwelling operated by a reasonably responsible individual,
family, or organization with a program to provide a supportive living
arrangement for individuals not necessarily related by blood, marriage,
adoption or legal guardianship, where special care is needed by the
individual(s) served due to their emotional, mental, or physical handicap.
Group homes must be licensed where required by any appropriate government
agencies (including the Pennsylvania Department of Public Welfare),
and a copy of any such licenses must be delivered to the Township
prior to beginning the use. This definition shall expressly exclude
facilities for the supervised care of persons under treatment for
alcohol and/or drug abuse and any use related to criminal rehabilitation
of adults or juveniles or services related to the treatment of the
criminally insane. Facilities which house persons who pose a direct
physical threat to the community may not be deemed "group homes" under
the provisions of this chapter, noting that such persons include,
but are not necessarily limited to, individuals who have violent behavioral
disorders or who have been convicted or adjudicated delinquent for
violent offenses. The following facilities also do not constitute
group homes under this chapter: a group institution; a facility housing
juveniles who have been adjudicated delinquent; a facility serving
as an alternative to incarceration, confinement or imprisonment; an
alcohol or drug treatment facility; a halfway house; a work release
facility for individuals convicted or adjudicated delinquent of a
crime; a facility providing housing to sexual offenders; or a secured
care facility, secure detention or secure treatment center (such as
where the residents have been convicted or adjudicated for violent
offenses).
[Amended 10-14-2014 by Ord. No. 2014-4]
A building, other than a group home, constituting a household
of not more than 14 persons, not necessarily related by blood, marriage,
adoption or legal guardianship, who, because of their physical or
emotional condition, or their social or interpretation skills, are
limited, inhibited or prevented from functioning as useful or productive
members of society. All group institutions shall be licensed and regulated
by the Pennsylvania Department of Public Welfare ("DPW") and accredited
by an authorized third-party agency such as the Joint Commission [formerly
the Joint Commission on Accreditation on Healthcare Organizations
(JCAHO)]. Group institutions shall include those facilities that serve
as an alternative to incarceration, as well as those facilities that
provide housing to juveniles adjudicated delinquent of nonviolent
offenses. Group institutions shall not provide housing for individuals
who have violent behavioral disorders or who have been convicted or
adjudicated delinquent for violent offenses. The following facilities
also do not constitute group institutions under this chapter: an alcohol
or drug treatment facility, a halfway house for adults, a work release
facility for individuals convicted of a crime, a facility providing
housing to sexual offenders, or a secured care facility, secure detention
or secure treatment center (such as where the residents have been
convicted or adjudicated for violent offenses). Group institutions
shall not provide, nor be licensed to provide, treatment for adjudicated
sex offenders, fire setters, murderers, kidnappers, armed robbers
or juveniles diagnosed with violent psychiatric disorders.
[Added 10-14-2014 by Ord. No. 2014-4]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
[Added 6-27-2017 by Ord.
No. 2017-3]
Materials which have the potential to damage health, endanger
human life or impair safety.
The definition of hazardous waste contained in Pa. Code Title
25, Chapter 261a, Identification and Listing of Hazardous Waste, is
hereby adopted by reference.
[Amended 8-28-2018 by Ord. No. 2018-6]
Any structure, group of structures, aboveground or underground
storage tanks, or any other area or buildings used for the purpose
of permanently housing or temporarily holding hazardous waste for
storage or treatment for any time span other than the normal transportation
time through the Township.
A commercial business that offers active recreational and/or
fitness activities. Such activities are provided only to club members
and their guests. Such facilities do not include golf courses.
A general, chronic disease, or other type of hospital, a
home health care agency, a hospice, a long-term care nursing facility,
cancer treatment centers using radiation therapy on an ambulatory
basis, an ambulatory surgical facility, or a birth center, regardless
of whether such health care facility is operated for profit, nonprofit,
or by an agency of the commonwealth or local government. The term
"health care facility" shall not include an office used primarily
for the private practice of a health care practitioner, nor a program
which renders treatment or care for drug or alcohol abuse or dependence
unless located within a health care facility, nor a facility providing
treatment solely on the basis of prayer or spiritual means. A mental
retardation facility is not a health care facility, except to the
extent that it provides skilled nursing care. The term "health care
facility" shall not apply to a facility which is conducted by a religious
organization for the purpose of providing health care services exclusively
to clergymen, or other persons in a religious profession, who are
members of a religious denomination. In the event that the Pennsylvania
statute defining this term is amended, or further amended, then in
that event this term shall be redefined as set forth in the statute.
(See 35 P.S. § 448.802a, as amended.)
Machinery, vehicles and other devices that are not normally
used for domestic purposes upon a residential dwelling lot. Examples
include, but are not limited to, farm machinery, excavation equipment,
commercial trucks and trailers, Class II recreational vehicles (as
defined herein), yachts, industrial machinery, etc.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
average top of fascia height of a pitched roof or height of the roof,
as applicable, excluding incinerators, vent pipes, antennas, public
utility structures, commercial radio and/or television transmission
tower, water tank, clock tower, dormer, spire, belfry, enclosure for
service equipment, elevator bulkhead, stage tower, scenery loft, chimneys,
cupolas, silos, parapets, mansard roofs, gale roofs, hip roofs, solar
panels, satellite dishes, stairway enclosures, and other similar structures
or mechanical appurtenances that extend not more than 20 feet from
the top of the roof.
[Amended 3-8-2016 by Ord.
No. 2015-12]
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the structure to the
average top of fascia height of a pitched roof or height of the roof,
as applicable, excluding incinerators, vent pipes, antennas, public
utility structures, commercial radio and/or television transmission
tower, water tank, clock tower, dormer, spire, belfry, enclosure for
service equipment, elevator bulkhead, stage tower, scenery loft, chimneys,
cupolas, silos, parapets, mansard roofs, gale roofs, hip roofs solar
panels, satellite dishes, stairway enclosures, and other similar structures
or mechanical appurtenances that extend not more than 20 feet from
the top of the roof.
[Amended 3-8-2016 by Ord.
No. 2015-12]
An accessory use where no more than one helicopter may land/take
off and be stored.
A principal use where one or more helicopters may land/take
off and be stored. Such use may also include support services, such
as fueling and maintenance equipment, passenger terminals and storage
hangers.
The conversion of an historic structure into two or more
dwelling units.
The conversion of an historic structure into a restaurant.
A structure that is on the National Register of Historic
Places or recognized by the Pennsylvania Historical Museum Commission,
the Northampton County Historical Society, or any Township-appointed
body created for such purposes as being historically significant.
A business or commercial activity that is conducted as an
accessory use in a detached dwelling unit, except that a limited business
or commercial activity which meets all of the following criteria is
not considered a home occupation and is permitted by right in any
dwelling unit:
No exterior evidence of the business shall be
permitted that is uncharacteristic of a residential setting;
No retail sale or display of goods, exclusive
of telephone solicitation, is permitted;
No on-site storage of commercial vehicles shall
be permitted except as may be provided under the definition of "garage,
private";
Only residents of the site may be engaged in
the business or commercial activity;
The business or commercial activity may be conducted
within the dwelling unit or an accessory structure and may not occupy
more than 15% of the habitable floor area of the dwelling unit, regardless
of the location of the business or commercial activity;
The use shall not require the delivery of materials
and goods by truck larger than standard panel trucks; and
The use shall not involve regular visitation
by customers, clients, salespersons, or suppliers.
In a residential dwelling any person unrelated,
residing on the premises, employed by the owner/occupant of the dwelling
for the purpose of property maintenance or living assistance and specifically
excluding employees involved in farming tasks or agricultural operations.
An institution, licensed in the Commonwealth of Pennsylvania
as a hospital, having an organized medical staff, established for
the purpose of providing to inpatients, by or under the supervision
of physicians, diagnostic and therapeutic services for the care of
persons who are injured, disabled, pregnant, diseased, sick, or mentally
ill, or rehabilitation services for the rehabilitation of persons
who are injured, disabled, pregnant, diseased, or sick or mentally
ill. The term includes facilities for the diagnosis and treatment
of disorders within the scope of specific medical specialties but
not facilities caring exclusively for the mentally ill. A hospital
use can also include attached and detached accessory uses, provided
that all accessory uses are contained upon the hospital property.
A building or group of buildings which has a central office
on site and which provides lodging to boarders for compensation, which
contains more than eight rooms, with less than 25% of all rooms having
direct access to the outside without the necessity of passing through
the main lobby of the building, and which may provide meals and other
services as a part of the compensation.
[Amended 9-8-2020 by Ord. No. 2020-1]
A document issued by the DOH that permits access to medical
marijuana.
[Added 6-27-2017 by Ord.
No. 2017-3]
Any material that covers the land which inhibits the percolation
of stormwater directly into the soil, including but not limited to
buildings and pavements; provided, however, that this definition shall
not include stormwater management facilities.
[Amended 3-8-2016 by Ord.
No. 2015-12]
Any land area characterized by any or all of the following:
Wetlands as defined by criteria of the United
States Department of the Interior, Fish and Wildlife Service;
Pennsylvania Natural Diversity Inventory (PNDI)
confirmed extant plant and animal species and communities that are
listed as Pennsylvania Threatened or Pennsylvania Endangered; and
PNDI confirmed extant plant and animal species
and communities that have a state rank of S1 or S2.
An institution which provides, on a regular basis, health-related
care and services to resident individuals who do not require the degree
of care and treatment which a hospital or skilled nursing facility
is designed to provide but who, because of their mental or physical
condition, require health-related care and services above the level
of room and board. Intermediate care facilities exclusively for the
mentally retarded, commonly called "ICF/MR," shall be considered intermediate
care facilities for the purpose of this chapter. In the event that
the Pennsylvania statute defining this term is amended, or further
amended, then in that event this term shall be redefined as set forth
in the statute. (See 35 P.S. § 448.802a, as amended.)
Used and/or discarded materials, including but not limited
to wastepaper, rags, metal, building materials, house furnishings,
machinery, vehicles, or parts thereof.
Any lot on which two or more animals that are older than
six months (except relating to a farm) are kept, boarded, raised,
bred, treated, or trained for a fee, including but not limited to
dog or cat kennels.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. The watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. One thousand kW is equal to one megawatt (MW).
[Added 10-23-2012 by Ord. No. 2012-2]
A unit of electrical energy, equivalent to the use of one
kilowatt of electricity for one full hour. Utilities measure customers'
electric energy usage on the basis of kilowatt-hours, and electricity
rates are most commonly expressed in cents per kilowatt-hour.
[Added 10-23-2012 by Ord. No. 2012-2]
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 land, shall be deemed
to be a landowner for the purposes of this chapter.
The processing, fabrication, treatment, or assembly of materials,
raw or otherwise, or manufacturing of products that may or may not
require additional processing, fabrication, treatment, or assembly,
whether or not for ultimate use by the consumer.
[Added 8-28-2018 by Ord.
No. 2018-6]
An off-street paved space suitable for the loading or unloading
of goods and having direct usable access to a street or alley.
A facility that provides skilled or intermediate nursing
care or both levels of care to two or more patients who are unrelated
to the nursing home administrator for a period exceeding 24 hours.
Any parcel or tract of land intended as a single unit for
purposes of ownership, transfer of ownership, use, rent, improvement
or development. The word "lot" includes the word "plot," "parcel"
or "tract." Contiguous nonconforming lots of record under single and
separate ownership shall be considered one lot for the purposes of
this chapter. A lot as herein defined may or may not coincide with
a lot of record.
LOT, CORNERA lot which has an interior angle of less than 135º at the intersection of two street lines. A lot abutting upon 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 135º. Corner lots shall have two front yards, one side yard, and one rear yard.
LOT, FLAGA lot whose defined frontage does not satisfy the minimum lot width requirements within the elongated or pole portion of the lot for the respective zone but which does have sufficient width beyond the pole portion of the lot where the principal portion of the lot conforms to the lot requirements of this chapter.
LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.
LOT, THROUGH OR REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets.
The area contained within the property lines of individual
parcels of land, excluding any area within a street right-of-way but
including the area of any easement.
A percentage of the lot area which may be covered with an
impervious surface (e.g., buildings, driveways, parking area, sidewalks
and ground-mounted energy systems).
[Amended 10-23-2012 by Ord. No. 2012-2]
The horizontal average distance measured between the street
right-of-way and the rear property line. On corner and reverse frontage
lots, the depth shall be an average distance measured from the street
right-of-way line of the street of address to the directly opposite
property line.
[Amended 8-23-2005 by Ord. No. 2005-3]
A lot identified on a subdivision plan or on a deed or other
instrument of conveyance recorded in the office of the Recorder of
Deeds in and for Northampton County, Pennsylvania.
The horizontal distance measured between side property lines.
On corner lots, lot width shall be measured between the right-of-way
line for the non-address street and the directly opposite property
line. Lot width shall be measured at the building setback.
[Amended 3-8-2016 by Ord.
No. 2015-12]
A function involving either the processing or production
of materials, goods, or products.
The fecal and urinary excrement of livestock and poultry,
often containing some spilled feed, bedding or litter.
A detached structure or other improvements built to store
manure for future use or disposal. Types of storage facilities are
as follows: underground storage, in-ground storage, earthen bank,
stacking area, and aboveground storage.
The water surface elevations of a flood which would completely
fill the floodplain to the boundaries of the floodplain zone.
The average height of the sea for all stages of the tide,
using the National Geodetic Vertical Datum of 1929.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.[3]
[Added 6-27-2017 by Ord.
No. 2017-3]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
[Added 6-27-2017 by Ord.
No. 2017-3]
A dispensary or a grower/processor of marijuana for medical
purposes.
[Added 6-27-2017 by Ord.
No. 2017-3]
A building or portion of a building, which building or portion
of building is not larger than 45,000 square feet of gross floor area
and is occupied by licensed medical practitioners and other health-related
personnel for the purpose of providing health and health-related services
to people on an outpatient basis.
[Added 3-8-2016 by Ord.
No. 2015-12]
Any building or group of buildings occupied by licensed medical
practitioners and related services for the purpose of providing health
services to people on an outpatient basis.
A principal use whereby a comprehensive medical and residential
environment primarily serves retirement-aged persons and/or those
possessing some ailment or disability. Medical residential campuses
also offer a variety of residential dwelling types determined by the
occupants' respective needs for some level of nursing and/or medical
care.
Unit of electric power equal to 1,000 kW, or 1,000,000 watts.
[Added 10-23-2012 by Ord. No. 2012-2]
A building, structure, lot, or land area used as a private
club or social organization not conducted for profit or gain.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
Minimum height necessary for a WCF to function satisfactorily.
[Added 6-13-2017 by Ord.
No. 2017-2]
A building and/or series of buildings divided into separate
storage units for personal property and/or property associated with
some business or other organization. These units shall be used solely
for dead storage, and no processing, manufacturing, sales, research
and development testing, service and repair, or other nonstorage activities
shall be permitted.
A building that contains at least one floor devoted to permitted
nonresidential uses and at least one floor devoted to permitted residential
uses.
[Added 3-8-2016 by Ord.
No. 2015-12]
Any structure intended for or capable of permanent human
habitation, with or without wheels, and capable of being transported
or towed from one place to the next, in one or more pieces, by whatsoever
name or title it is colloquially or commercially known, but excluding
transport trucks or vans equipped with sleeping space for a driver
or drivers, and travel trailers.
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.
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.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities, accessory equipment or base stations
on an existing wireless support structure or the improvement, upgrade
or expansion of the wireless telecommunication facilities located
within an existing equipment compound, if the improvement, upgrade,
expansion or replacement does not substantially change the physical
dimension of the wireless support structure.
[Added 6-13-2017 by Ord.
No. 2017-2]
A tower which consists of a single pole structure without
any guy wires, designed and erected on the ground or on top of a structure,
to support communications antennas and connect appurtenances.
[Added 6-13-2017 by Ord.
No. 2017-2]
A facility which provides lodging to boarders for compensation,
which contains more than eight rooms, with at least 25% of all rooms
having direct access to the outside without the necessity of passing
through the main lobby of the building, and which may provide meals
and other services as part of the compensation.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
Any building used for on-site consumption of alcoholic or
nonalcoholic beverages where live entertainment is offered. For the
purposes of this definition, "live entertainment" is meant to include
the use of disc jockeys for the purposes of supplying musical entertainment.
Nightclubs may also provide for on-site consumption of food. Additionally,
nightclubs can offer the retail sale of carry-out beer and wine as
an accessory use. This definition is also meant to include an "under
21" club which features entertainment.
An accessory use to a principal detached single-family dwelling
that is not contained upon a farm, whereupon livestock are kept exclusively
by the residents of the site.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance but which fails to
conform to the requirements of the zone in which it is located by
reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in the
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in the zoning ordinance
or amendment heretofore or hereafter enacted where such use was lawfully
in existence prior to the enactment of such ordinance or amendment
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
Any aspect of a land use that does not comply with any size,
height, bulk, setback, distance, landscaping, coverage, screening,
or any other design or performance standard specified by the zoning
ordinance, where such dimensional nonconformity lawfully existed prior
to the adoption of this chapter or amendment thereto.
Facilities designed for the housing, boarding, and dining
associated with some level of nursing care.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or flood-prone area which:
The purpose for which a building or portion thereof is utilized
or occupied.
[Added 11-10-2020 by Ord.
No. 2020-3]
A place where the primary use is conducting the affairs of
a business, profession, service, or government, including administration,
recordkeeping, clerical work, and similar business functions. An office
shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair, or storage of materials, goods
or products or the sale or delivery of any materials, goods, or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use.
A commercial use at which persons can visit to wager upon,
and observe by remote television, the outcomes of events that are
taking place elsewhere.
A facility or location that contains a compressor, compressors
and all related components to facilitate the movement of oil and/or
natural gas and/or its by-products through a pipeline.
[Added 8-28-2018 by Ord.
No. 2018-6]
A system used to measure all oil and/or natural gas entering
or exiting the pipeline system to provide accurate and continuous
gas measurements and/or regulate gas pressure and delivery volumes.
[Added 8-28-2018 by Ord.
No. 2018-6]
All parts of those physical facilities through which oil
and/or natural gas moves in transportation, including pipe, valves,
and other appurtenances attached to pipes, compressor units, metering
stations, regulator stations, delivery stations, holders, and fabricated
assemblies.
[Added 8-28-2018 by Ord.
No. 2018-6]
A facility that receives oil and/or natural gas and associated
hydrocarbons from a truck, railway car, or pipeline system serving
one or more wells, which processes, compresses, condenses, pressurizes,
deals with dew point control or gas quality related issues or otherwise
treats oil and/or natural gas making it suitable for, among other
things, pipeline transmission, or which removes and separates or adds
other materials, products, and impurities to or from the oil or gas,
and which may or may not include compressor stations, cooling facilities,
storage tanks and related equipment and facilities.
[Added 8-28-2018 by Ord.
No. 2018-6]
A flood which is likely to be equaled or exceeded once every
100 years (i.e., that has a one-percent chance of being equaled or
exceeded in any given year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Soil Conservation Service, the United States Geological
Survey, or a professional land surveyor or professional engineer,
registered by the Commonwealth of Pennsylvania, is necessary to define
this flood.
The outer boundary of an area of land that is likely to be
flooded once every 100 years (i.e., that has a one-percent chance
of being flooded each year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Soil Conservation Service, the United States Geological
Survey, or a professional land surveyor or professional engineer,
registered by the Commonwealth of Pennsylvania, is necessary to define
this boundary.
The water surface elevations of the one-hundred-year flood.
The disposal of sewage generated by one principal use with
the use of safe and healthful means within the confines of the lot
on which the use is located, as approved by the Pennsylvania Department
of Environmental Protection.
The provision of a safe, adequate and healthful supply of
water to a single principal use from a private well.
A space unoccupied by buildings or paved surface and open
to the sky on the same lot with the building.
A special use district, defined by special physical characteristics
or designated for specific uses, either graphically depicted on a
map or described by metes and bounds, whose uses, conditional or by
right, are permitted in the underlying or base zoning district.
Pennsylvania Department of Environmental Protection.
A primary retail sales business where passenger vehicles
may be stored for short-term, daily, or overnight off-street parking
and connected to a street by an access drive.
An accessory use in which required and, possibly, additional parking spaces are provided subject to the requirements listed in § 180-37.
An off-street space available for the parking of one motor
vehicle and having usable access to a street or alley.
Those facilities designed and used for recreation purposes
by the general public that are owned and operated by a government
or governmental agency/authority or are operated on a nonprofit basis.
This definition is meant to include the widest range of recreational
activities, excluding adult entertainment uses, amusement arcades,
off-track betting parlors and shooting ranges.
Pennsylvania Department of Transportation.
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours for four
or more adults who are not relatives of the operator and who do not
require the services in or of a licensed long-term care facility but
who do require assistance or supervision in matters such as dressing,
bathing, diet, financial management, evacuation of a residence in
the event of an emergency or medication prescribed for self-administration.
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing, or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds, or other
forms of plant or animal life.
Oil petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as a sludge, or
oil refuse, or mixed with other wastes.
The technology that uses a semiconductor to convert light
directly into electricity.
[Added 10-23-2012 by Ord. No. 2012-2]
The pathway in which the pipelines and facilities of a pipeline
operator are located in the jurisdiction of Lehigh Township including
public rights-of-way and easements over and through public or private
property.
[Added 8-28-2018 by Ord.
No. 2018-6]
A group of uses planned and designed as an integrated unit
with controlled ingress and egress and shared off-street parking provided
on the property as an integral part of the unit. Such centers also
may include planned center signs as regulated herein.
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 a municipal zoning ordinance.
The Planning Commission of Lehigh Township.
Man-made or man-induced contamination or other degradation
of the physical, chemical, biological, or radiological integrity of
air, water, soil, or biological resource.
[Added 8-28-2018 by Ord.
No. 2018-6]
A contract to purchase energy. PPAs are usually established
between a power plant and a purchaser of electrical energy, such as
a utility. A PPA may be a contract written between a building owner
that wants to use solar energy and a third-party developer who will
install, maintain and own the PV system used to generate the electricity
on the building's structure, then sell the solar energy produced by
the system to the building owner at a pre-determined rate.
[Added 10-23-2012 by Ord. No. 2012-2]
The property upon which the activity is conducted as determined
by physical facts rather than property lines. It is the land occupied
by the buildings or other physical uses that are necessary or customarily
incident to the activity, including such open spaces as are arranged
and designed to be used in connection with such buildings or uses.
The following are not considered to be a part of the premises on which
the activity is conducted, and any signs located on such land are
to be considered off-premises advertising:
Any land which is not used as an integral part
of the principal activity, including land which is separated from
the activity by a roadway, highway, or other obstruction, and not
used by the activity, and extensive undeveloped highway frontage contiguous
to the land actually used by a commercial facility, even though it
might be under the same ownership.
Any land which is used for, or devoted to, a
separate purpose unrelated to the advertised activity.
Any land which is in closer proximity to the
highway than to the principal activity and developed or used only
in the area of the sign site or between the sign site and the principal
activity and whose purpose is for advertising purposes only. In no
event shall a sign site be considered part of the premises on which
the advertised activity is conducted if the site is located on a narrow
strip of land which is nonbuildable land, or is a common or private
roadway, or is held by easement or other lesser interest than the
premises where the activity is located.
When used in connection with natural and historic resources,
includes means to conserve and safeguard these resources from wasteful
or destructive use but shall not be interpreted to authorize the unreasonable
restriction of forestry, mining or other lawful uses of natural resources.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resource and Conservation Services County Soil
Survey.
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy. A principal solar energy production facility is
a system which uses solar-related equipment and which has a rated
capacity of more than 18 kilowatts or that has a lot coverage collector
area of more than 1,000 square feet.
[Added 10-23-2012 by Ord. No. 2012-2]
A principal use whereby waste is brought to the site for
storage, processing, treatment, transfer, or disposal.
An organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided there are not
conducted any vending stands, merchandising or commercial activities
except as required for the membership of such club. Clubs shall include
but not be limited to service and political organizations and labor
unions, as well as social and athletic clubs. Private clubs shall
not include adult-related facilities or off-track betting parlors,
as defined herein.
A function which involves only the cleaning, sorting, sizing
and/or packaging of products and materials for sale or profit.
An individual with at least a graduate degree in aquatic
and/or terrestrial biology and/or ecology and with a depth of knowledge
in organisms and the process of ecological systems.
Any habitable structure, religious institution, public building,
health care facility, school, camp, or public park. This term shall
not apply to accessory buildings, garages, hangars, or storage buildings.
[Added 8-28-2018 by Ord.
No. 2018-6]
Owned and/or operated by the Township, its authority, a Township-supported
fire company, or a Township-supported ambulance association.
A formal meeting held pursuant to public notice by the governing
body or planning agency intended to inform and obtain public comment
prior to taking action on zoning- or planning-related matters.
A designated growth area and all or any portion of a future
growth area described in a county or multi-municipal comprehensive
plan where public infrastructure services will be provided and outside
of which such public infrastructure services will not be required
to be publicly financed.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," and subsequent
amendments.[4]
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. Public notice
for rezoning, special exception and/or variance requests shall also
include the posting of a sign(s) at a conspicuous location(s) upon
the subject property to notify potentially interested citizens. This
sign(s) shall be posted at least one week prior to the hearing and
will exhibit the nature, date, time and location of the hearing.
A municipal sanitary sewer or a comparable common or package
sanitary facility approved and permitted by the Pennsylvania Department
of Environmental Protection. Such systems are capable of serving multiple
users.
A use or extension thereof which is operated, owned or maintained
by a public utility corporation, municipality or municipal authority
or which is privately owned and approved by the Pennsylvania Public
Utility Commission for the purpose of providing public sewage disposal
and/or treatment, or public water supply, storage and/or treatment,
or for the purpose of providing the transmission of energy or telephone
service.
A municipal water supply system or a comparable common water
facility approved and permitted by the Pennsylvania Department of
Environmental Protection. Such systems are capable of serving multiple
users.
Any natural or artificially produced substance which emits
radiation spontaneously.
A portable structure primarily designed to provide temporary
living quarters for recreation, camping or travel purposes. In addition
to the above, any of the following attributes are characteristic of
a travel trailer:
The unit is of such size or weight as not to
require a special highway movement permit from the Pennsylvania Department
of Transportation when self-propelled or when hauled by a standard
motor vehicle on a highway;
The unit is mounted or designed to be mounted
on wheels;
The unit is designed to be loaded onto, or affixed
to, the bed and/or chassis of a truck;
The unit contains, or was designed to contain,
temporary storage of water and sewage; and
The unit contains some identification by the
manufacturer as a travel trailer.
A use involving the commercial collection, separation, and/or
processing of nonhazardous waste materials found in the typical household
or office for the purpose of reuse but which does not involve the
processing of nonrecycled residential or municipal solid waste, unless
the use also meets the applicable requirements for a solid waste transfer
facility. Recycling facilities do not include junkyards.
The registry established by the DOH for all medical marijuana
organizations and practitioners.
[Added 6-27-2017 by Ord.
No. 2017-3]
The one-hundred-year flood elevation plus a freeboard safety
factor of one foot.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including but not limited to biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy, and excluding those sources of energy used in the fission
and fusion processes.
A procedure by which services or personal property is temporarily
transferred to another person for a specific time period for compensation.
A function involved in correcting deficiencies of products
that affect its performance and/or appearance.
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
[Added 6-13-2017 by Ord.
No. 2017-2]
An establishment that serves prepared food primarily on nondisposable
tableware but can provide for incidental carry-out service so long
as the area used for carry-out service does not exceed 5% of the total
patron seating area or 80 square feet (whichever is less). Caterers
shall be included in this definition.
An establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers. Such food
can be consumed either on or off the site.
Those businesses whose primary activities involve the display
and sales of goods and products to the general public. This term shall
not include adult-related uses as defined herein.
A principal use whereby equestrian instruction is offered
and horses are kept, bred, trained and/or exercised upon land not
occupied by the owner of the horse(s).
The surface of and space above and below any real property
in the municipality in which the federal government, commonwealth,
municipality or municipal authority has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
federal government, commonwealth, municipality or municipal authority,
and any nonexclusive public or utility easements established, dedicated,
platted, improved or devoted for utility purposes. Private rights-of-way
and other government-owned lands not listed above shall not be considered
a right-of-way. The phrase "in the right(s)-of-way" means in, on,
over, along, above and/or under the right(s)-of-way.
[Amended 6-13-2017 by Ord. No. 2017-2]
The highest elevation point of the roof. A roof shall be
defined as the outside top covering of a building.
[Added 10-23-2012 by Ord. No. 2012-2]
An area described in a municipal or multi-municipal plan
within which rural resource uses, including but not limited to agriculture,
timbering, mining, quarrying and other extractive industries, forest
and game lands and recreation and tourism, are encouraged and enhanced,
development that is compatible with or supportive of such uses is
permitted, and public infrastructure services are not provided except
in villages.
The latest version of the Township's Subdivision and Land
Development Ordinance, as may be amended.[5]
A device incorporating a reflective surface which is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as satellite earth stations,
TARO's, and satellite microwave antennas.
A principal use in which supervised education or instruction
is offered according to the following categories:
COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may or may not be operated as a gainful business by some person or organization other than the school district.
PRIVATE SCHOOLA school that offers elementary, secondary, post-secondary and/or postgraduate education that may or may not be operated as a gainful business.
PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education and operated by the school district.
VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may or may not be operated as a gainful business that principally offers training in any of the following occupations:
An assemblage of materials that are arranged so as to block
the ground-level views between grade and a height of six feet. Suitable
screening materials include trees, shrubs, hedges, berms, walls, sight-tight
fences and/or other similar type materials. No wall or fence shall
be constructed of plywood, corrugated metal or fiberglass, or sheet
metal. Landscape screens must achieve the required visual blockage
within two years of installation.
Goods and products that are generally offered for retail
sale to the public during specific periods of any calendar year. Examples
include, but are not limited to, holiday decorations, nursery and
garden stock, home and garden supplies and equipment, outdoor play
and recreation equipment, etc.
A dwelling, cabin, lodge or summer house which is intended
for occupancy less than 182 days of the year.
The required horizontal distance between a setback line and
a property or street right-of-way line.
SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
A line within a property and parallel to a property or street
line which delineates the required minimum distance between some particular
use of property and that property or street line.
Liquid or solid sludges and other residues from a municipal
sewage collection and treatment system and liquid or solid sludges
and other residues from septic and holding tank pumpings from private
residential septic systems. The term includes materials derived from
sewage sludge. The term does not include ash generated during the
firing of sewage sludge in a sewage sludge incinerator, grit and screenings
generated during preliminary treatment of sewage sludge at a municipal
sewage collection and treatment system, or grit, screenings and nonorganic
objects from septic and holding tank pumpings from residential systems.
Single-family detached dwelling.
A deciduous tree that shall have a clear trunk at least five
feet above the finished grade.
A place where firearms and other projectile-type weapons
(e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows,
etc.) can be shot for recreation, competition, skill development and/or
training. Nothing within this definition shall be construed to include
hunting when conducted in accordance with the rules and regulations
of the Commonwealth of Pennsylvania.
A group of stores planned and designed for the site on which
it is built, functioning as a unit, with shared off-street parking
provided on the property as an integral part of the unit.
Any dwelling unit owned or managed by a person or entity
which is rented or leased to a transient visitor for a period of less
than 30 days. This term shall not include "bed-and-breakfast" or a
"hotel" as those terms are defined in this chapter.
[Added 11-10-2020 by Ord.
No. 2020-3]
The written grant of right to operate a short-term rental.
[Added 11-10-2020 by Ord.
No. 2020-3]
A device for visual communication that is used to bring the
subject to the attention of the public, but not flags or other insignia
of any government, fraternal, or similar organization.
FLAT WALL SIGNA sign that is displayed and/or mounted upon or generally parallel to the same plane as the face of a wall, such that no portion of the sign extends more than 12 inches from said wall.
FREESTANDING SIGNA sign erected upon a permanently affixed, independent structure (legs or base).
PERMANENT SIGNA sign that is expected to be continuously displayed during the presence of a principal land use.
TEMPORARY SIGNA sign that is only permitted for specified periods of time associated with some temporary event or work conducted on the site.
UNDER-CANOPY SIGNA sign that identifies one leasable unit within a shopping center and is hung from an overhead canopy of the shopping center or is provided as a wall projecting sign attached to the front wall of the unit where no canopy is provided.
WALL PROJECTING SIGNA sign that is mounted to a building wall such that its principal display area is not parallel to the building wall. A wall projecting sign can also be attached to a marquee.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
Ownership shall be considered separate and distinct where lots have
been separately described as such, by metes and bounds, in a recorded
deed or conveyance prior to the enactment of this chapter, or an amendment
thereto, and have continued since that date to be so separately described
in all subsequent recorded deeds of conveyance.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
[Added 6-13-2017 by Ord.
No. 2017-2]
Any facility, or part of a facility, in which professionally
supervised nursing care and related medical and other health services
are provided for a period exceeding 24 hours for two or more individuals
who are not in need of hospitalization and are not relatives of the
nursing home administrator but who, because of age, illness, disease,
injury, convalescence, or physical or mental infirmity, need such
care. In the event that the Pennsylvania statute defining this term
is amended, or further amended, then in that event this term shall
be redefined as set forth in the statute. (See 35 P.S. § 448.802a,
as amended.)
A use involving the killing of animals for the wholesale
production of food or other commercial products. A commercial stockyard
or similar facility that primarily involves the storage or transferring
of animals to be slaughtered shall also be considered a slaughterhouse.
The vertical change of an area of land divided by the horizontal
change, measured in a percent.
[Added 8-23-2005 by Ord. No. 2005-3]
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any sewage sludge from a municipal treatment plant or
pumpings from a private residential septic system into or on any land
in the Township, provided that the spreading of manure generated from
conventional agricultural activities and/or mushroom compost on cropland
or farmland for agricultural purposes shall not be included within
this term and such activity shall be regulated by the Pennsylvania
Nutrient Management Act.[6]
The latest published version of the United States Department
of Agriculture's Soil Survey for Northampton County, Pennsylvania.
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage
and distribution of solar energy for space heating or cooling, for
water heating or for electricity.
[Added 10-23-2012 by Ord. No. 2012-2]
Items including a solar photovoltaic cell, panel, or array,
or solar hot air or water collector device panels, lines, pumps, batteries,
mounting brackets, framing and possibly foundations used for or intended
to be used for collection of solar energy.
[Added 10-23-2012 by Ord. No. 2012-2]
A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 180-119C of this chapter.
Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, or female breasts below a point immediately
above the top of areolae and/or human male genitals in a discernible
turgid state, even if completely and opaquely covered.
For the purposes of this chapter, this term shall include
any of the following: actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral anal copulation, bestiality, direct
physical stimulation of unclothed genitals, flagellation or torture
in the context of a sexual relationship or the use of excretory functions
in the context of a sexual relationship, and any of the following
depicted sexually oriented acts or conduct:
Anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty;
Clearly depicted human genitals in a state of
sexual stimulation, arousal or tuelecence;
Use of human or animal masturbation, sodomy,
oral copulation, coitus, or ejaculation;
Fondling or touching of nude human genitals,
pubic region, buttocks or female breast;
Masochism, erotic or sexually oriented torture,
beating, or the infliction of pain;
Erotic or lewd touching, fondling or other contact
with an animal by a human being; or
Human excretion, urination, menstruation, or
vaginal or anal irrigation.
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennas and other facilities which blend the
proposed WCF into the existing structure or visual backdrop in such
a manner as to render it less visible to the casual observer. Such
methods include, but are not limited to, architecturally screened
roof-mounted antennas, building-mounted antennas painted to match
the existing structure and facilities constructed to resemble trees,
shrubs, light poles, utility poles or flag poles.
[Added 6-13-2017 by Ord.
No. 2017-2]
A function involving the deposition of materials, goods and/or
products for safekeeping.
The wall of a unit of occupancy which faces the front yard
within a planned center, as defined herein.
That part of a building located between a floor and the floor
or roof next above. The first story of a building is the lowest story,
having 75% or more of its wall area above grade level. A half story
is a story under a gable, hip or gambrel roof, the wall plate of which
on at least two opposite exterior walls is not more than two feet
above such story.
Includes street, avenue, boulevard, road, highway, freeway,
lane, viaduct and any other dedicated and adopted public right-of-way,
or private right-of-way, used or intended to be used by vehicular
traffic and/or pedestrians. The definition of "street" specifically
excludes driveways.
The horizontal line paralleling the street that bisects the
street right-of-way into two equal widths. In those instances where
the street right-of-way cannot be determined, the street center line
shall correspond to the center of the cartway.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence.
Any assembly of materials constructed or erected
with a fixed location on the ground, or attached to something having
a fixed location on the ground, any portion of which is above the
natural surface grade, including but not limited to buildings, sheds,
cabins, mobile homes and trailers, dams, culverts, roads, railroads,
bridges, storage tanks, and signs.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
STRUCTURE, PRINCIPALA structure associated with a primary use.
Structures shall not include such things as
temporary fences, sandboxes, decorative fountains, swing sets, birdhouses,
bird feeders, mailboxes, and any other similar nonpermanent improvements.
(Applies only to wireless communication facilities). A modification
substantially changes the physical dimensions of an eligible support
structure if it meets any of the following criteria:
[Added 6-13-2017 by Ord.
No. 2017-2]
For towers other than towers in the public rights-of-way, it
increases the original height of the tower by more than 10% or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater;
for other existing towers or base stations, it increases the original
height of the structure by more than 10% or more than 10 feet, whichever
is greater. Changes in height should be measured from the original
support structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Spectrum
Act.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other existing towers or base stations,
it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet.
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
it entails any excavation or deployment outside the current site.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the fair market value of
the structure either before the improvement or repair is started or,
if the structure has been damaged and is being restored, before the
damage occurred. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the structure commences,
whether or not that alteration affects the external dimensions of
the structure.
Any pool not located within a completely enclosed building
and containing, or normally capable of containing, water to a depth
at any point greater than three feet. Farm ponds and/or lakes are
not included, provided that swimming was not the primary purpose for
their construction.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board, or a successor organization. Taverns may also
serve food.
A function involving the examination and assessment of qualities,
performances and/or capabilities of a product, good or material.
Any structure that exceeds 10 feet in height and is built
and/or installed for the sole or primary purpose of supporting any
Federal Communications Commission-licensed or authorized antennas
and their associated facilities, including structures that are constructed
for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed
wireless services (i.e., wifi) and fixed wireless services (i.e.,
point-to-point microwave transmission) such as microwave backhaul,
and the associated site. A building, water tower, electrical transmission
tower, utility pole, light pole, traffic signal pole, flag pole or
other similar structure designed and constructed for a sole or primary
purpose other than supporting any Federal Communications Commission-licensed
or authorized antennas and their associated facilities, as well as
a Ft. Worth attachment, shall not be considered a tower.
[Added 6-13-2017 by Ord.
No. 2017-2]
Wireless communications facilities that include the installation
of a tower to support the transmission equipment.
[Added 6-13-2017 by Ord.
No. 2017-2]
Lehigh Township.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provide multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
An occupant of a dwelling unit or bedroom for not more than
30 days, unless the occupant is related to the owner as married spouse,
parent or child, grandparent or grandchild, or brother or sister.
[Added 11-10-2020 by Ord.
No. 2020-3]
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or authorized wireless communications service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as a microwave backhaul.
[Added 6-13-2017 by Ord.
No. 2017-2]
A commercial use that primarily involves providing fuels
and other services to commercial trucks. This use may also involve
repair services, sale of personal care items and gifts, a restaurant,
showers and a motel.
The conversion of an existing single-family detached dwelling
unit to contain two separate dwelling units.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied or maintained.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building.
USE, PRINCIPALThe main or primary use of property or structures.
A permit issued by the Zoning Officer certifying a use's
compliance with information reflected on the zoning permit and this
chapter.
A modification of any provision of this chapter granted by
the Zoning Hearing Board subject to findings specified by the Act.
A building used primarily for the treatment, by a veterinarian,
of small domestic animals such as dogs, cats, rabbits and birds or
fowl. No outdoor boarding of animals is permitted.
A commercial storage building for storage of merchandise
or commodities where there is no manufacturing or processing of goods
nor is there the retail or wholesale sale of said goods (provided
that the same may be sold from the warehouse) to be delivered to another
location, and further provided that the warehouse may have an office,
the business of which is limited solely to that business of the warehouse,
which shall occupy no more than 20% of the floor area of the warehouse.
Garbage, refuse and other discarded materials, including but not limited to solid, semisolid, contained gaseous and liquid materials resulting from municipal, industrial, institutional, commercial, agricultural, residential, and other activities. Such wastes shall also include biological excrement and hazardous waste materials, as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended. Waste shall expressly include those materials defined, at any given time, as "waste" by the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency. For the purposes of this chapter, the difference between waste and junk or recyclables is that waste shall include materials that have entered a reasonably continuous process by which their ultimate disposal is imminent, whereas junk includes materials that may be stored for longer periods of time awaiting potential reuse or ultimate disposal, and whereas recyclables include materials that have entered a reasonably continuous process whereby their reuse is imminent.
Any person or corporation, including a municipal corporation
operating beyond its corporate limits, which furnishes water to or
for the public for compensation.
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water carrying
or holding surface water, whether natural or artificial.
A lined depression, excavation, pit, or facility situated
in or upon the ground, whether natural or artificial, used to store
fresh water.
[Added 8-28-2018 by Ord.
No. 2018-6]
A lined depression, excavation, pit, or facility situated
in or upon the ground, whether natural or artificial, used to store
wastewater including but not limited to brine, fracturing fluid or
residual waste.
[Added 8-28-2018 by Ord.
No. 2018-6]
All the land from which water drains into a particular watercourse.
Wireless communications facilities located on existing structures
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flag poles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
[Added 6-13-2017 by Ord.
No. 2017-2]
Any device which converts wind energy to mechanical or electrical
energy and shall include blades, hubs to which blades are attached,
and any device, such as a tower, used to support the hub and/or rotary
blades, etc.
Area with the characteristics of wetland, as defined by the
United States Environmental Protection Agency, United States Army
Corps of Engineers, Pennsylvania Department of Environmental Protection,
and the United States Soil Conservation Service. Wetland areas are
not limited to the locations delineated on wetland maps prepared by
the United States Fish and Wildlife Service.
Any distribution procedure involving persons who, in the
normal course of business, do not engage primarily in sales to the
general public.
An establishment or business engaged in selling merchandise
to retailers, commercial or industrial institutions, professionals,
business users or other wholesalers. "Wholesale trade" may also include
agents or brokers and buying or selling merchandise to individuals
or companies.
An opening to the outside other than a door which provides
all or part of the required natural light, natural ventilation or
both to an interior space. The glazed portion of a door in an exterior
wall may be construed to be a window in regard to provision of natural
light.
A building or property where wine is produced.
This definition may also include:
The growing of grapes and other fruits to produce wine;
An agricultural processing facility used for the fermenting
and processing of juice into wine and/or the refermenting of still
wine into sparkling wine;
Bottling, corking and otherwise readying wine for sale and shipping;
A tasting room;
Tours and on-site events; and/or
A retail establishment to sell wine and other related items.
A winery may not produce in excess of 200,000 gallons of wine
per year.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
[Added 6-13-2017 by Ord.
No. 2017-2]
The set of equipment and network components including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
[Added 6-13-2017 by Ord.
No. 2017-2]
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the municipality.
[Added 6-13-2017 by Ord.
No. 2017-2]
An area between the permitted structures and the property
lines.
YARD, FRONTThe area contained between the street right-of-way line and the principal structure. For flag lots see § 180-31 of this chapter.
YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots the rear yard shall be considered that area between the principal structure and the property line opposite the designated front yard. For flag lots see § 180-31 of this chapter.
YARD, SIDEThe 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 opposite the designated side yard with street. For flag lots see § 180-31 of this chapter.
The designation of specified districts within the Township
reserving them for certain uses, together with limitations on lot
size, heights of structures and other stipulated requirements.
A document signed by the Township Zoning Officer which is
required by this chapter prior to the commencement of a use or the
erection, construction, reconstruction, alteration, conversion or
installation of a structure or building.
[Added 8-28-2018 by Ord.
No. 2018-6]