Except where specifically defined herein and in Articles XII and XIII, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "shall" is always mandatory and not permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied." The word "person" includes a partnership, corporation and association, as well as an individual. The word "lot" includes the words "plat" and "parcel."
As used in this chapter, the following terms shall have the
meanings indicated:
A use customarily incidental and subordinate to the principal
use or building and located on the same lot as the principal use or
building.
Any farming use involving the commercial growing of plants,
including fruits, vegetables, grains, grasses, flowers, shrubs, trees,
etc.
A narrow service way providing a secondary public means of
access to abutting properties and not intended for general traffic
circulation.
Any farming use involving the commercial raising of animals
which are utilized to supply food or clothing products, breeding stock,
pets, etc. (which may include animal care); or the commercial care
of animals, including stables, kennels, animal hospitals, etc.
Area of a lot or site shall be calculated from dimensions
derived by horizontal projections of the site, excluding any road
right-of-way. Land which is not usable in connection with permitted
uses in the applicable zoning district, as a result of topography,
streams, wetlands, swamps, etc., is excluded in calculating minimum
lot and yard requirements.
The total of areas taken in a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces, steps and patios.
A story having more than 50% of its clear height below the
average level of the surrounding ground. A basement shall be counted
as a story for the purpose of height measurement if the vertical distance
between the ceiling and the average level of the adjoining ground
is more than five feet or if used for dwelling purposes.
An owner-occupied dwelling in which overnight accommodations
are provided or offered for transient guests for compensation, which
includes a morning meal.
A sign indicating a business activity or general advertisement
which is not being conducted on the lot on which the sign is located.
The duly elected governing body of North East Township, Erie
County, Pennsylvania.
A building where lodging is provided for compensation for
five or more persons.
A roofed structure enclosed by walls, columns or piers for
the shelter, housing or enclosure of persons, goods, materials or
animals.
The vertical distance from the average elevation at grade
level to the highest point of the deck of a flat roof or a mansard
roof, or to the mean height between the eaves and the ridge for gable,
hip and gambrel roofs.
An imaginary line parallel to or concentric with the nearest
right-of-way line and which is located at the setback distance from
the street right-of-way line, said line being a boundary or limit
beyond which no permanent part of a building shall project.
A subordinate building, the use of which is customarily incidental
to that of the main building on the same lot. An accessory building
shall be more than 10 feet from the main building.
The line or that face of the building nearest the front line
of the lot.
A building in which is conducted the principal use of the
lot on which it is situated.
Any business activity which renders service to other commercial
or industrial enterprises.
A parcel of land under single ownership which has been planned
and improved for the placement of travel trailers, campers or tents
for transient use, consisting of two or more camp spaces.
That portion of a dedicated road right-of-way which is paved,
graded or improved for travel by vehicles.
A state-registered place and/or building for permanent human
burial which may also have mortuary and crematory facilities.
An establishment designed and intended for religious instruction
or public worship and is designated as tax-exempt property by the
Erie County Tax Assessment Office.
Any establishment where human patients are examined and treated
by doctors or dentists, but not hospitalized overnight.
An establishment operated by an organization for social,
recreational, educational and fraternal purposes, but open only to
members and their guests and not the general public.
A use not authorized as a permitted use by this chapter,
which may or may not be authorized by the Board of Supervisors after
recommendations by the Planning Commission, subject to such conditions
as may be attached to the approval.
That percentage of the total lot area covered by principal
and accessory buildings.
The area of a lot or group of lots computed exclusive of
any portion of the right-of-way of any road divided by the number
of families housed on the lot or group of lots.
A mobile home lot upon which a two-or-more-section mobile
home may be placed.
A place or building providing service to vehicles and/or
the occupants of vehicles without necessarily requiring the occupants
to leave the vehicle. Such service includes, but is not limited to,
a service station, fast-food or ice cream establishment, beverage
distributor, car wash, outdoor theater, bank, etc.
One or more rooms for living purposes, together with private
cooking and sanitary facilities, used or intended to be used by one
or more persons living together and maintaining a common household
and accessible from the outdoors, either directly or through an entrance
hall shared with other dwelling units.
A building arranged or used as a residence for two or more
families living independently of each other and doing their own cooking
therein, including apartment houses, group houses, condominiums, townhouses,
etc., and having a habitable floor area of at least 400 square feet
per dwelling unit.
A detached building arranged or used for occupancy by one family and having a habitable floor area of at least 800 square feet (see § 350-16).
A building arranged or used as a residence for two families living independently of each other and doing their own cooking therein, including flats, duplexes, etc., and having a habitable floor area of at least 600 square feet per dwelling unit (see § 350-16).
Notice given by a municipality through the internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for North East Township,
Erie County, Pennsylvania.
The erection, construction, alteration and maintenance by
public utilities or municipal or other governmental agencies of gas,
electric, telecommunications, steam, water supply or sewage collection,
transmission, supply or distribution systems, including access, terminals
and connections, whether underground, on the ground or overhead, but
not including buildings, reasonably necessary for the furnishing of
adequate services by such public utilities or municipal or other governmental
agencies for the public health or safety or general welfare.
That area of land within North East Township bounded on the
west by the imaginary extension of Brickyard Road; on the south by
West Lake Road (Route 5); on the east by the Pennsylvania/New York
border; and on the north by the Lake Erie shoreline. This area contains
a concentration of small lot subdivisions (which may also have narrow
rights-of-way) which were recorded and/or developed before land use
controls were enacted in the Township.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. This definition does not intend to prohibit
group homes and/or community living arrangements that are determined
to be protected by federal fair housing law, provided such facilities
are licensed and permitted under the authority of the Department of
Welfare of the Commonwealth of Pennsylvania or other state department
or agency. In determining the functional equivalent of a traditional
family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
The enclosed area of a building designed and intended for
all-season use of human inhabitants.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A building or part thereof, other than a private garage,
used for the storage of motor vehicles for remuneration or where any
such vehicles are kept for hire.
An accessory building or part of a main building used for
the storage of motor vehicles by members of the family or families
housed in the building to which such garage is an accessory.
Any commercial establishment where motor vehicles, including
recreational and farm equipment, are serviced and repaired, including
engine overhaul and body work.
Assembly, manufacturing, compounding, processing, packaging
or treatment uses which may produce or emit discernible dust, smoke,
toxic or noxious odors, glare, gases, fumes or noise levels onto neighboring
properties, but which shall be in compliance with U.S. Environmental
Protection Agency and Pennsylvania Department of Environmental Protection
standards and permit procedures.
An area used by helicopters or airplanes for passenger and
cargo facilities, maintenance and overhaul, fueling service, storage
space, tie-down space, hangars and other accessory buildings and open
spaces.
An area on the ground used by helicopters or airplanes for
the purpose of picking up or discharging passengers, refueling, storage
space and hangars, but not including maintenance or overhaul.
Any business use customarily carried on entirely within a
dwelling or accessory structure by occupants thereof, which use is
clearly incidental and subordinate to the use of the dwelling for
dwelling purposes and which does not change the residential character
thereof.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
all of the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses;
The business shall employ no employee other than family members
residing in the dwelling;
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature;
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights;
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood;
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood;
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area; and
The business may not involve any illegal activity.
Home-based businesses shall be permitted uses in the A-1, A-2,
R-1 and R-2 Districts.
A place for the diagnosis, treatment or other care of human
ailments with overnight and/or extended stay services.
A building or group of buildings containing rooms which are
rented or hired out to guests for sleeping purposes, and may include
general use food service, entertainment and meeting facilities.
Indoor commercial recreation activities include but are not
limited to a theater, bowling alley, pool hall, pinball and game arcade
and indoor tennis, handball, racquetball, basketball court used for
recreational purposes for a profit. Outdoor commercial recreation
activities are uses for recreational purposes for profit which are
predominantly outside activities and include, but are not limited
to, softball, tennis, football, horseshoe pit, outside swimming pool,
miniature golf, driving range, and go-cart track, but does not include
open land uses as defined herein.
Land or structure used for collecting, storing, processing
and sale of scrap metal, scrapped, abandoned or junked motor vehicles,
machinery, equipment, wastepaper, glass, rags, containers and other
discarded materials. It shall not include, however, refuse or garbage
kept in a proper container for the purpose of prompt disposal.
Assembly, manufacturing, compounding, processing, packaging
or treatment uses which do not transmit (or may not produce) discernible
dust, smoke, toxic or noxious odors, glare, gases, fumes or noise
levels onto neighboring properties.
A portion of a lot usable for the standing, loading or unloading
of motor vehicles, having a minimum dimension of 14 feet by 55 feet
with a vertical clearance of 14 feet.
Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required,
and its principal frontage shall be on a road right-of-way.
Any lot which individually or as a part of a subdivision
has been recorded in the office of the Recorder of Deeds of Erie County,
Pennsylvania.
A lot at the junctions of or abutting on two or more intersecting
road rights-of-way.
A mean horizontal distance between the front and rear lot
lines.
The area of a lot computed exclusive of any portion of a
road right-of-way. Land which is not usable in connection with permitted
uses in the applicable zoning district, as a result of topography,
streams, wetlands, swamps, etc., is excluded in calculating minimum
lot requirements.
The mean width measured at right angles to its depth at the
building setback line.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A structure, transportable in one or more sections, that
in the traveling mode is eight body feet (2,438 body mm) or more in
width or 40 body feet (12,192 body mm) or more in length, or, where
erected on site, is 320 square feet (30 m2) or more, and that is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation where
connected to the required utilities, and includes the plumbing, heating,
air-conditioning and electrical systems contained therein; except
that such term shall include any structure that meets all the requirements
of this definition except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the Secretary (HUD) and complies with the standards established
under the National Manufactured Housing Construction and Safety Standards
Act of 1974, as amended.[1] For mobile homes built prior to June 15, 1976, a label
certifying compliance to the Standard for Mobile Homes, NFPA 501,
in effect at the time of manufacture is required. For the purpose
of this chapter, a mobile home shall be considered to be a manufactured
home.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions in a zoning ordinance
or amendment, where such structure lawfully existed prior to the application
of such ordinance or amendment. This shall include, but is not limited
to, a nonconforming sign and a nonconforming building.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment,
where such use was lawfully in existence prior to the enactment of
such ordinance or amendment or by reason of annexation.
A private parking space, whether or not enclosed, located
off the sidewalk and right-of-way of any public road or private drive.
A recreational use which involves the need for large areas
of open land and includes golf courses and country clubs, fishing,
hunting and bird-watching clubs and/or preserves, state game lands,
cross-country skiing and hiking areas, etc.
Pennsylvania Municipalities Planning Code (Act 247 of July
31, 1968[2]) and amendments, as the same may be adopted from time
to time.
The main or primary purpose for which a building, other structure
and/or land is designed, arranged or intended, or for which it may
be used, occupied or maintained under this chapter and/or the use
of any other provisions prescribed for the zoning district in which
it is located.
Any enterprise which primarily offers services to the general
public, such as shoe repair, valet service, watch repairing, barbershops,
beauty parlors and related activities.
A service facility with any type of treatment center or residence
program, whether institutional, nonprofit or otherwise, designed to
provide services to treat or accommodate, in a group care setting,
two or more persons required to have supervision authorized by a court
of law for protection, detention, confinement or incarceration. This
facility is for reasons such as adult or child abuse care, delinquency,
drug or substance dependency, and civil or criminal violation. These
facilities include orphanages, boarding schools for troubled children,
halfway and probation centers, jails and prisons, etc., where supervision
is court ordered for attendance, or for overnight, extended stay,
and/or permanent placement.
An area of land controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk of type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created from time to time under the
provisions of a municipal zoning ordinance. No PRD is permitted in
the Township.
The duly appointed Planning Commission of North East Township,
Erie County, Pennsylvania.
The use of offices and related spaces for such professional
services as are provided by registered physicians, dentists, lawyers,
architects, engineers, accountants, surveyors, etc.
Parks, playgrounds and other public areas and sites for schools,
sewage treatment, refuse disposal, publicly owned or operated scenic
and historic sites, and other publicly owned or operated facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 be not more than 30 days or less than 14 days from the date
of the hearing. The second publication shall not be less than seven
days from the date of the hearing.
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 hydroelectric energy, and excluding those sources of energy used in the fission and fusion processes and storage thereof. Also excluding wind energy facilities covered under Article XIII.
Commercial establishment where such items as watches, bicycles,
jewelry, guns, shoes, furniture and electrical appliances or equipment
are repaired for customers and may contain these same items which
are refurbished for sale.
A service facility with any type of treatment center or residence
program, whether institutional, nonprofit or otherwise, designed to
provide health services to treat or accommodate, in a group care setting,
two or more persons in need of assistance for reasons such as age,
mental or physical handicap or disease, emotional or psychological
disturbance, injury or disability. These facilities include hospitals
and clinics, geriatric and rehabilitation centers, nursing and convalescent
homes, group care and personal care homes, etc., where assistance
is given for outpatient, overnight, extended stay, and/or permanent
residency.
The primary sales of and minor assembly, manufacturing, compounding,
processing, packaging, treatment or distribution of such products
as bakery goods, candy, cosmetics, beverages, pharmaceuticals and
toiletries, products developed at an electrical, plumbing, heating,
printing, carpentry, art and craft or welding shop, laundry or dry-cleaning
service, or a newspaper company or publishing plant.
Land reserved for the use of a public or private road, street,
alley or crosswalk which furnishes physical access to adjacent properties
and furnishes space for public utility system, sidewalks and shade
trees.
A permanent or temporary structure used for the display,
support and protection of farm products, such as vegetables, fruits,
dairy products, etc., for sale to the general public.
Any structure or natural object, such as a tree, rock and
the ground itself or a device attached thereto or painted or represented
thereon, which is used to attract the attention of any object, product,
place, activity, person, institution, organization or business or
which displays or includes any letter, words, model, banner, flag,
pennant, insignia, device or representation used as or which is in
the nature of an announcement, direction or advertisement. It does
not include the flag, pennant or insignia of this nation, commonwealth,
Township, or charitable or civic campaigns, or legal notices, addresses
or official signs of any governmental agency.
A mobile home lot upon which a single section of a mobile
home may be placed.
A modification of the regulations of this chapter which the
Zoning Hearing Board could have been permitted to authorize.
A retail place of business engaged primarily in the sale
of motor fuels, but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs. These may include the sale of petroleum
products, sale and servicing of tires, batteries, automotive accessories
and replacement items, washing and lubrication services, the performance
of minor automotive maintenance and repair, and the supplying of other
incidental customer services and products.
The portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, the space between such floor and the ceiling
above it. A basement shall be considered as a story if more than 50%
of its clear height is above finished grade, or if it is used for
business or dwelling purposes.
Street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used
by vehicular traffic or pedestrians, whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
North East Township, Erie County, Pennsylvania.
A facility designed to accommodate the service, repair and
storage of trucks and other motorized equipment and which may incidentally
provide warehousing activities.
A departure from the strict letter of this chapter as it
applies to a specific instance as may be authorized by the Zoning
Hearing Board.
Any open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings,
or such projections as are expressly permitted by this chapter. The
minimum yard requirements shall consist of the horizontal distance
between the road right-of-way or property line and nearest point of
the foundation wall of the main building or porch, deck or patio above
grade level, excepting steps or stoops not exceeding 24 square feet.
The yard extending across the entire width of the lot between
the principal building and the right-of-way line or street line which
the principal building faces.
The yard extending across the entire width of the lot between
the rear lot line and the nearest part of the principal building.
A yard extending along the side lot line from the front yard
to the rear yard and lying between the side lot line and the nearest
part of the principal building.
A change to this chapter or Zoning Map prepared either by
an individual property owner, a Township Supervisor, or the Township
Planning Commission and submitted to the Board of Supervisors. No
amendment can be enacted without a public hearing pursuant to public
notice as defined herein.
The duly appointed Zoning Hearing Board of North East Township,
Erie County, Pennsylvania.
The map containing the zoning districts of North East Township,
Erie, County, Pennsylvania, together with all amendments.
The Zoning Officer or his authorized representatives, appointed
by the Board of Supervisors of North East Township, Erie County, Pennsylvania,
who may not hold an elective office in North East Township, Erie County,
Pennsylvania.
The written authorization issued by the Zoning Officer to
permit the construction, reconstruction, movement or enlargement of
any structure and the use of any structure or land.
