Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning herein indicated.
See also definitions in the Fairview Township Subdivision and Land
Development Ordinance.
ACCESSORY BUILDING
A building subordinate to the main building and used for
purposes customarily incidental to those of the main building.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
AGRITOURISM
Agricultural uses such as farms, ranches, and vineyards that,
through promotion and advertising, facilities, and activities, seek
to attract visitors, guests, and vacationers.
AIRPORT
An area of land or water which is used, or intended to be
used for the landing and takeoff of aircraft and appurtenant areas
which are used, or intended to be used, for airport buildings or air
navigation facilities or rights-of-way, together with airport buildings
and facilities thereon. The term includes heliports and public airports.
AIRSTRIP, PRIVATE
An airport which is privately owned and which is not open
or intended to be open to the public.
ALLEY
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
ALTERATION
As applied to a building or structure, means a change or
rearrangement in the structural part or in the exit facilities, or
in the enlargement, whether by extending, as a side, or by increasing
in height, or the moving from one location to another.
ANIMAL HOSPITAL OR CLINIC
Animal hospital or clinic shall mean a facility for the medical
or similar examination and treatment and boarding of animals as inpatients
or outpatients. These facilities include all facilities operated by
a doctor of veterinary medicine for medical treatment of animals and
for private individuals who own or operate a boarding kennel.
APPLICANT
A landowner or developer or one possessing the authorization
to act on behalf of the landowner, who has filed an application for
development.
AREA, FLOOR
The sum of the gross horizontal areas of all enclosed floors
of a building, including cellars, basements, mezzanines, penthouses,
corridors, and lobbies from the exterior walls, or from the center
line of a common wall separating two buildings, but excluding any
space with a floor-to-ceiling height of less than six feet six inches.
ASSISTED LIVING RESIDENCE
A multiple-family dwelling providing residence and specialized
services. This category of living includes seniors who through some
indication of failing health prefer to live in an environment where
service and choice are the key components. The person wishes to eliminate
the worrisome issues of home maintenance, lawn care, meal service,
housekeeping, laundry, periodic wellness checks and reminders to take
prescribed medications. This category is tailored to the specific
needs of each resident as determined by their frailty and health assessment.
BED-AND-BREAKFAST INN
An owner-occupied single-family dwelling that contains not
more than five guest bedrooms in which short-term lodging not exceeding
seven consecutive days or nights is provided. A breakfast meal for
inn guests and residents may be provided. Bed-and-breakfast inns shall
be considered an accessory use to a single-family dwelling in the
R-2 Suburban Single and A-1 Rural Districts. Bed-and-breakfast inns
shall be considered an accessory use to a single-family dwelling and
an agricultural operation in an A-2 Agrarian District. Bed-and-breakfast
inns shall be considered a principal/permitted use in the B-1 Neighborhood
Business and the B-2 Highway Commercial Districts. This use shall
not include group residence facilities.
BILLBOARD
Advertising structure not directly relating to a use conducted
on the premises. See "sign, billboard or pennant."
BLUFF
The edge or crest of the elevated segment of the shoreline
above the beach or beach terrace, subject to erosion.
BLUFF RECESSION
The loss of material along the bluff caused by the direct
or indirect action by one or a combination of groundwater seepage,
wind and/or water currents or high water levels.
BLUFF RECESSION HAZARD AREA
An area or zone where the rate of progressive bluff recession
creates a substantial threat to the safety or stability of nearby
existing or future structures or utility facilities. Measured horizontally
from the edge or crest of the bluff to a point, but in no case less
than 100 feet.
BUILDING LINE
An imaginary line located a fixed distance from any lot line
and interpreted as being the nearest point that a building may be
constructed to the lot line. The building line shall limit the location
of structures such as decks, porches, patios and all similar construction,
steps excepted, to the face of this line as specified in this chapter.
The building line for cul-de-sac lots shall be determined as a minimum
where the lot meets the minimum lot width, but in no case, less than
35 feet.
BUILDING or STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A.
RESIDENTIALA place providing habitation for an individual or group of individuals and any accessory structures associated with the residential structure.
B.
COMMERCIALA place where commodities are exchanged, bought or sold on a retail basis and any accessory structures associated with the commercial structure. This category also includes business and professional offices, retail, and personal services.
C.
INDUSTRIALA place where materials are refined, produced, or fabricated and stored prior to shipment to commercial establishments on a wholesale basis and any accessory structures associated with the industrial structure.
CARTWAY (ROADWAY)
That portion of the street right-of-way surfaced for vehicular
use. Width is determined from face of curb to face of curb or from
one edge of driving surface to the other edge of driving surface.
CHICKEN TRACTOR
A portable enclosure for poultry, intended to be frequently
moved as a means to build soil or control garden weeds, which may
or may not be attached to a henhouse or coop.
COMMERCIAL
Engaging in a business, enterprise, activity or other undertaking
ordinarily or actually for profit.
COMPREHENSIVE PLAN
The comprehensive, long-range plan document for the desirable
use of land in Fairview Township, the purpose of such plan being,
among other things, to serve as a guide for the zoning and progressive
rezoning of land to meet changing community needs in the subdividing
and use of undeveloped land and in the acquisition of land for such
public purposes as streets, parks, schools and other public buildings.
This document is known as the "2012 Fairview Township Comprehensive
Plan" and shall include any amendments or revisions from time to time.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions in Article
VI of the Pennsylvania Municipalities Planning Code and the provisions of this chapter.
CONSTRUCTION or ERECTION
Includes the building, construction, reconstruction, renovation,
repair, extension, expansion, alteration, or relocation of a building
or structure including the placement of a mobile home. Excavation,
fill and the like shall be considered part of the erection.
CONSTRUCTION PERMIT
A permit issued by the building code official under the Pennsylvania
Construction Code or ordinance indicating that proposed construction,
alteration or reconstruction of a structure or other work regulated
by the Pennsylvania Construction Code is in accordance with the Pennsylvania
Construction Code as adopted by the Township and authorizing the applicant
to proceed with such work or activity. This term shall be deemed to
include "building permit" or "construction permit." Construction permit
is distinct from "zoning permit" and is not issued, administered or
reviewed under this chapter.
COOP or HENHOUSE
A building constructed of permanent materials with four opaque
walls and a roof, with ventilation through windows or other protected
openings, intended for the shelter and protection of poultry.
CUL-DE-SAC
A minor street with one end open to traffic and pedestrian
access and permanently terminated by a vehicular turnaround.
DAY-CARE CENTER
An establishment licensed by the Commonwealth of Pennsylvania
which provides supervised care for less than 24 hours for four to
12 children, who are not residents of the premises.
DENTAL OR MEDICAL CLINIC
A facility for the medical or similar examination and treatment
of persons as outpatients by physicians or licensed medical specialists
practicing medicine as a group during normal office hours. Clinics
providing twenty-four-hour emergency service within the clinic shall
be considered a hospital.
DEVELOPER
Any landowner, agent of such landowner or tenant with permission
of such landowner, who makes or causes to be made a subdivision of
land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to building or structures, the placement
of streets and other paving, utilities, mining, dredging, filling,
grading, clearing, logging, excavation, or drilling operations and
the subdivision of land.
DWELLING
A house, apartment building or other structure (including
mobile homes and manufactured homes) used primarily for human habitation
that is a minimum of 1,000 square feet of living space and located
on a permanent foundation. The word "dwelling" shall not include hotels,
motels or other structures used for transient residence nor shall
it include house trailers unless they are specifically included.
DWELLING, MULTIPLE-FAMILY
A dwelling designed for or occupied exclusively as a residence
for two or more families with separate housekeeping and cooking facilities
for each family.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively
as a residence for only one family. Two portable units designed and
built to be towed on their own separate chassis and permanently combined
on site with a foundation to form a single immobile dwelling unit
shall be regarded as a single-family detached dwelling.
EFFECTIVE DATE
The date on which this chapter is duly adopted by the Township.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance by
public utilities, municipal departments or commissions of facilities,
including buildings necessary for the furnishing of adequate services
for the public health, safety or general welfare.
EXOTIC ANIMALS
Animals, not household pets, including but not limited to
the following:
A.
All bears, coyotes, lions, tigers, leopards, jaguars, cheetahs,
cougars, wolves and any crossbreed of these animals which have similar
characteristics in appearance or features.
B.
Any ungulate species not regulated as domestic livestock by
the Pennsylvania Department of Agriculture.
C.
Any species of animal that requires a permit for possession
issued by the Pennsylvania Game Commission, the Pennsylvania Department
of Agriculture or the United States Fish and Wildlife Service.
EXTENSION
An increase in the area of a building, other structure and/or
land.
FACILITY OWNER
The entity or entities having an equity interest in the wind
energy facility, including their respective successors and assigns.
FAMILY
Any number of individuals living together, related by blood,
marriage or adoption, or not more than eight unrelated individuals
who cook together as a single housekeeping unit, as distinguished
from a group occupying a boarding house. Also considered are not more
than eight unrelated individuals.
FAMILY DAY-CARE HOME
Any family residence other than the child's own home,
operated for profit, or not for profit, in which child day care is
provided at any time to four, five or six children who are not relatives
of the care giver as defined and regulated by the Commonwealth of
Pennsylvania.
FARM
An area of land and its buildings used for growing crops
and rearing animals, typically under the control of one owner or manager.
FLEA MARKET
A market area primarily for the display, sale, or exchange
of second-hand articles located in the Commercial Zoning District.
FLOOR AREA, MINIMUM
The sum of the gross horizontal areas of the several floors
of a building, excluding cellar and basement floor areas not devoted
to residential use, porches, patios, breezeways, carports, sun porches
or other similar structural additions.
FRONT YARD
The open space extending across the entire width of the lot
between the front building line and the street right-of-way line.
GARAGE, PRIVATE
A structure or any portion thereof accessory to a dwelling
used for the housing of not more than four private passenger motor
vehicles, trucks or boats. This shall not include a garage offering
commercial automotive services to the public or a garage where any
provision is made for repairing or servicing vehicles for profit.
GARAGE, PUBLIC
A garage other than a private garage where motor vehicles
are stored, equipped for operation, repaired or kept for remuneration,
hire or sale.
GROUP DAY-CARE HOME
A child day-care facility in which care is provided for more
than six but less than 12 children, at any one time, where the child
care areas are used as a family residence.
GROUP HOME
A single-family detached dwelling providing residence and
specialized services for not more than eight developmentally disabled,
mentally handicapped, physically handicapped or dependent children
or adults referred by the appropriate Erie County or state agency
responsible for placement and qualified staff who provide professional
care, supervision and service for such residents and not more than
two such personnel shall be residents of the dwelling.
GROUP RESIDENCE FACILITY
An establishment that provides in a family setting or environment room, board and care to persons who are intellectually disabled and/or physically handicapped, dependent children under the age of 18 years or individuals over 62 years of age who are in need of supervision and specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, its licensed or certified agents or a responsible and licensed nonprofit social service corporation. Supervision shall be provided by responsible adults whose number shall be determined and certified by the sponsoring agency, at least one responsible adult to be available for the residents on a twenty-four-hour per day basis while residents are on the premises. Such establishment must inherently function as a single housekeeping unit and not as an institution and shall not bear exterior signage and shall not allow or engage in activity, including extent of parking not customary for other uses in the particular zoning district. This category shall not include facilities for delinquent children, persons 18 or more years of age released from or under the jurisdiction of a criminal court, government bureau of corrections or similar institution or agency, persons suffering from communicable or publicly transmittable diseases or otherwise not within the specific definition set forth above. Under this definition, the number of "residents" shall be deemed to include resident clients, staff residing in the premises or assigned per shift and family of staff who reside in the premises, either temporarily or permanently. Persons receiving treatment under Article
IV (determinations affecting those charged with a crime or under sentence) shall not be eligible for residence in a group residence facility. Intellectually disabled individuals shall be certified by Erie County intellectual disability authorities as being capable of residing in such a facility. This definition shall be strictly interpreted.
HEIGHT, BUILDING
The vertical distance from the average grade plane to the
height of the highest roof surface.
HELIPORT
An area, either at ground level or elevated on a structure,
licensed by the federal government or an appropriate state agency
and approved for the loading, landing, and takeoff of helicopters
and including auxiliary facilities such as parking, waiting room,
fueling and maintenance equipment.
HELISTOP
A heliport without auxiliary facilities.
HOME OCCUPATION
Any uses customarily conducted entirely within a dwelling
and carried on by the occupants thereof, which uses are clearly incidental
and subordinate to the use of the dwelling purposes and which do not
change the residential character thereof, including personal services,
barber shops, beauty shops, day-care centers, professional offices,
etc.
HORTICULTURE
Any form of growing, cultivation of or raising any fruits,
vegetables, flowers and ornamental plants, including nurseries, hay
and grain crops.
HOSPITAL
A private or public institution, licensed by the State of
Pennsylvania, used primarily for inpatient medical, surgical and psychiatric
treatment of the ill and disabled.
HOUSEHOLD PET
A domesticated animal that is normally kept or can generally
be kept within the immediate living quarters of a residential structure.
Any member of the swine, sheep, poultry, bovine or equidae family
of quadrupeds, elephants, rhinoceros, hippopotamus, moose, deer, or
reptiles having a venomous or constrictor nature or other animals
considered dangerous such as exotic animals defined by this chapter
does not constitute a household pet under any provision of this chapter.
HUB HEIGHT
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blades are attached.
INFORMATIONAL SIGNS
A sign adjacent to or within an industrial park that identifies
the industrial parks occupant and/or location only.
INTEGRATED CENTER
A combination of commercial uses designed, structured and
located so as to result in a shopping plaza, mall or other acceptable
configuration in one continuous building or architectural modification
thereof, under one roof and including associated common walls.
JUNK
Any worn, castoff, or discarded article or material that
is ready for destruction or that has been collected or stored for
sale, resale, salvage or conversion to some other use. Any such article
or material stored on a farm for exclusive use of the owner or occupant
of the farm or any article or material which, unaltered, need not
be disassembled or unfastened from, not in need of inspection and/or
licensing, or unchanged and without further reconditioning can be
used for its original purpose as readily as when new shall not be
considered junk.
JUNKYARD
The use of more than 200 square feet of an area on any lot
for storage. This may include not more than one unlicensed or unregistered
vehicle for the storage, keeping or abandonment of junk, including
scrap material for the dismantling, demolition or abandonment of automobiles
or other vehicles or machinery or parts thereof.
KENNEL
Any establishment wherein dogs are kept for the purpose of
breeding, hunting, training, renting, research or vivisection, buying,
boarding, sale, show or any other similar purpose and is so constructed
that dogs cannot stray therefrom.
LAND DEVELOPMENT
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving the following:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
(2)
The division or allocation of land or space, whether initially
or cumulatively, between two or among three or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
B.
"Land development" does not include development that involves
the following:
(1)
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
(3)
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
LANDFILL
A disposal site in which refuse and earth, or other suitable
cover material, are deposited and compacted in alternating layers
of specified depth in accordance with an approved plan.
LOADING UNIT
The area required to accommodate one truck in a space 12
feet wide, 15 feet high and 45 feet long, exclusive of access and
turning area.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The area contained within the property lines of the individual
parcels of land shown on a subdivision plan.
LOT DEPTH
The horizontal distance between the front and rear lot lines.
LOT OF RECORD
A piece of ground that existed as an independent lot on the
records of Erie County prior to its inclusion by Fairview Township
ordinances.
LOT WIDTH
The horizontal distance measured along the street right-of-way
or between the two intersections of the street right-of-way of the
cul-de-sac and the property line.
LOT, CORNER
A lot abutting two or more streets at their intersection
and on which the building line for both streets must be observed.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK
A parcel or contiguous parcels of land that have been planned
and improved for placement of two or more manufactured homes.
MARGINAL ACCESS
A street parallel and adjacent to an arterial or expressway
providing access to abutting properties and control of intersections
with the arterial or expressway.
MINIATURE PONY
An equine animal with an adult weight of less than 350 pounds
or having a heart girth of 52 inches or less.
MOBILE HOME LOT
A parcel of land in a mobile home park improved with all
utility connections and other necessary appurtenances for the erection
thereon of a single mobile home.
MOBILE HOME or MODULAR HOME
A transportable, single-family dwelling of not less than
750 square feet of living space 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 incidental unpacking and assembly operations and construction
so that it may be used without a permanent foundation.
MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so
designated and improved so that it contains two or more mobile home
lots for the placement thereon of mobile homes.
MOTEL
A building made of two or more living or sleeping quarters
used independently of each other and used principally and commercially
for overnight accommodations, which includes all transient lodging
establishments.
NO-IMPACT HOME-BASED BUSINESS
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
the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
E.
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.
F.
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.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
NONCONFORMING
There are three separate types of nonconformity recognized
by the Pennsylvania Municipalities Planning Code, and these are listed
below. The nonconforming status is granted only to the use, lot, or
structure legally existing at the date of the adoption of any valid
Fairview Township zoning ordinance or any amendment thereto that created
the nonconformity. Nonconformity shall not be extended to additional
property subsequently acquired or used.
A.
NONCONFORMING LOTA lot the area of dimension of which was lawful prior to the adoption or amendment of this zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
B.
NONCONFORMING STRUCTUREA structure or part of a structure not designed to comply with the applicable use or extent of use provisions in this zoning ordinance or amendments heretofore or hereafter enacted, where such structure lawfully existed 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.
C.
NONCONFORMING USEA use, whether of land or structure, that does not comply with the applicable use provisions in any Fairview Township 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.
NORMAL AGRICULTURAL OPERATION
A.
The activities, practices, equipment and procedures that farmers
adopt, use or engage in the production and preparation for market
of poultry, livestock and their products and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and is:
(1)
Not less than 10 contiguous acres in area; or
(2)
Less than 10 contiguous acres in area but has an anticipated
yearly gross income of at least $10,000.
B.
This term includes new activities, practices, equipment and
procedures consistent with technological development within the agricultural
industry. Use of equipment shall include machinery designed and used
for agricultural operations, including, but not limited to, crop dryers,
feed grinders, saw mills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing
and those items of agricultural equipment and machinery defined by
the act of December 12, 1994 (P.L. 944, No. 134), known as the Farm
Safety and Occupational Health Act. Custom work shall be considered a normal farming practice.
NURSING HOME
A long-term care facility for the elderly, infirm and those
who are no longer able to care for themselves. A nursing home shall
be licensed as required by the Pennsylvania Department of Health and/or
the Erie County Health Department. A nursing home shall at all times
meet or exceed the requirements of the Pennsylvania Department of
Health and/or the Erie County Health Department for the day to day
operations of such a facility.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, culvert, building, fence, planting,
stockpile, refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or designated floodplain
district, which may impede, retard, or change the direction of the
flow of water either in itself or by catching or collecting debris
carried by such water or is placed where the flow of the water might
carry the same debris downstream to the damage of life and property.
OCCUPIED BUILDING
A residence, school, hospital, church, public library or
other building used for public gathering that is occupied or in use
when the permit application is submitted.
OPERATOR
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility.
PARKING SPACE
The area required for parking one automobile, measuring no
less than nine feet by 18 feet, excluding access or turning area,
except as otherwise regulated by the Fairview Township Subdivision
and Land Development Ordinance.
PERMANENT FOUNDATION
A full-perimeter masonry or poured concrete foundation wall
resting upon a continuous concrete footing or footer, a concrete pedestal
resting upon an independent concrete spread footing, or an equivalent
structural system, each capable of supporting its intended load and
transferring that load to the soil below the frost line (minimum depth
of 48 inches required).
PERSON
An individual, firm, partnership, corporation, company, association,
joint stock association or government entity, including a trustee,
a receiver, an assignee or similar representative of any of the above.
PLAZA
A combination of commercial uses designed, structured and
located so as to result in a shopping plaza, mall or other acceptable
configuration in one continuous building or architectural modification
thereof, under one roof and including associated common walls.
POULTRY
Domestic fowl such as chickens, turkeys, ducks, pheasants,
and quail.
PRIVATE COUNTRY CLUB
An organization catering exclusively to members and their
guests on premises and buildings for recreational or athletic purposes
which are not conducted for gain, providing that any vending stands
or commercial activities are conducted only as required generally
for the membership of such club.
PROFESSIONAL OFFICE
Any office or business conducted by an individual who or
an association that must be licensed under the laws of the Commonwealth
of Pennsylvania.
PUBLIC
Includes any government owned and/or operated use and/or
Public Utility Commission licensed use.
PUBLIC NOTICE
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 a 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.
RIGHT-OF-WAY, STREET
Any public highway, street or road accepted by different
levels of government for public use as designated by designated by
the Board of Supervisors. All rights-of-way must be recorded in the
Recorder of Deeds Office, Erie County, Erie, Pennsylvania.
ROADSIDE STAND
A permanent or temporary structure used for the display,
support, protection and sale of products such as vegetables, fruits,
poultry and dairy products, etc.
RUMMAGE SALE
A temporary sale conducted by a nonprofit organization such
as a church or club where the members of the group bring articles
or items to a central structure to be sold to raise money for use
by the organization.
SANITARIUM
A facility for the medical or similar examination and treatment
of patients as outpatients or residential patients by physicians or
licensed psychiatric specialists for mental illness.
SECURITY FENCING
Any electric fencing, spike-topped, barbed-wire topped, etc.,
that is potentially dangerous with the exception of agriculture/livestock
fencing. It shall be located within the yard requirements for the
district in which it is located.
SERVICE BUSINESS
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, business, industry, government,
and other enterprises.
SERVICE STATIONS
An area of land, including structures, used for the sale
of gasoline or other motor vehicle fuel and oil and other lubricating
substances and/or the sale of motor vehicle accessories which may
include associated facilities for automobile servicing, excluding
painting.
SIGN, BILLBOARD or PENNANT
Any writing (including letter, word or numeral); pictorial
representation (including illustration or decoration); emblem (including
device, symbol or trademark); flag (including banner or pennant);
or any other figure of similar character, which is a separate structure
or where in any part is attached to, painted on, or in any other manner
represented on a building or other structure. An illuminated sign
located in a window is a sign. The area of the sign shall include
the support material from the bottom of the sign to and beyond the
top of the sign. High rise signs shall be considered any sign within
1,000 feet of the intersection of Interstate 90 and Route 98 in a
B, I-1, and I-3 Zoning District.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code.
STREET LINE
The line defining the edge of the legal width of a dedicated
or established street right-of-way.
STREETS or ROADS
A.
PRINCIPAL ARTERIALThis class of highway facility is devoted entirely to the task of moving large volumes of traffic and performs little or no land service function. It is generally characterized by some degree of access control. Normally, this classification should be reserved for multilane, divided roads with few, if any, grade intersections.
B.
ARTERIALArterials bring traffic to and from the expressway and serve major movements of traffic within or through the areas not served by expressways. They serve primarily to move traffic, but also perform a secondary function of land service.
C.
MARGINAL ACCESSA street or road parallel and adjacent to an arterial or expressway providing access to abutting properties and control of intersections with the arterial or expressway.
D.
COLLECTORThis class of road serves as the internal traffic movement within the Township and connects developed areas with the arterial system. The collector system is intended to simultaneously supply abutting property with the same degree of land service as a minor street and accommodate local internal traffic movements.
E.
MINOR (LOCAL STREET)The minor street's sole function is to provide access to immediately adjacent land. This type represents a fairly large percentage of the total street mileage in most municipalities.
TRAILER
Any licensed or unlicensed piece of mobile equipment designed
or constructed to be towed or pulled by a motor vehicle.
TRAILER, CAMPING AND RECREATIONAL EQUIPMENT
This class shall include travel trailers, enclosed box trailers,
pickup coaches, motorized homes and recreational equipment as follows:
A.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation purposes and is identified as a travel trailer by the manufacturer of the trailer.
B.
ENCLOSED BOX TRAILERA trailer that may be used for the storage and transportation of recreational vehicles and equipment.
C.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation purposes.
D.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
E.
BOATA vessel designed to travel on water.
TURBINE HEIGHT
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
USE CERTIFICATE
A certificate issued upon a change in use of a structure
or a parcel of land, or upon request, which certifies that the premises
complies with the provisions of this chapter and which may be used
for the purposes set forth in such permit.
USE, ACCESSORY
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with or without a principal use.
USE, PRINCIPAL/PERMITTED
The major or dominant use for which land or a building is
designed, arranged, intended or for which it is or may be occupied
or maintained. The term "permitted use" or "principal use" shall not
be construed to include any nonconforming use.
UTILITY
Within the framework of this chapter, utilities shall include
public water or public sanitary sewer facilities only.
VARIANCE
Relief granted pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code.
VILLAGE AREA
The former Fairview Borough area. For purposes of lot and
yard requirements in the B-1 and B-2 Business Districts, the Village
Area comprises those lots bounded by Chestnut Street and Pfeffer Avenue
(and extensions thereof) between Trout Run and Muddy Run. Reference
is made to the Overlay District, which is not extended to the entire
Village Area.
WIND ENERGY FACILITY or COMMERCIAL WIND ENERGY FACILITY
Those facilities as may be authorized as special exceptions
in the districts enumerated in this chapter and further meaning an
electric generating facility whose main purpose is to supply electricity,
consisting of one or more wind turbines and other accessory structures
and buildings, including substations, meteorological towers, electrical
infrastructure, transmission lines and other appurtenant structures
and facilities.
WIND TURBINE
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator and includes
the nacelle, rotor, tower and pad transformer, if any.
A.
AGRICULTURAL WIND TURBINEA wind energy conversion that converts wind energy into electricity for the use of an agricultural operation.
B.
INDIVIDUAL WIND TURBINEA wind energy conversion that converts wind energy into electricity for the use of the principal or permitted structure in a specific zoning district.
YARD
A required open space unoccupied and unobstructed by any
structure or building or portion of a structure or building above
the general ground level of the graded lot upward, allowing for fences
and walls that may be permitted in any yard, subject to the limitations
as indicated herein.
YARD SALE
A temporary sale including garage sales, driveway sale, home
sale and the like. It is an accessory use to the residential dwelling,
but is limited to a maximum of four days per sale conducted between
sunrise to sunset, and not more than three sales per calendar year.
YARD, FRONT
The minimum open space extending across the entire width
of the lot between the front building line and the street right-of-way
line. For lots one acre or larger in area, other detached structures
may be permitted behind the front yard space subject to limitations
as indicated herein.
YARD, REAR
The open space (required and/or additional) extending across
the entire width of the lot between the back line of the principal
building and the rear lot line (not necessarily a street line), but
not less than the required space throughout the entire width of the
building or structure for irregular lots.
YARD, SIDE
The open space (required and/or additional) extending from
the side of the principal building along the side lot line (not necessarily
a street line) throughout the entire width of the principal building.
ZONING
The legal and administrative process of dividing the community
into zoning districts and regulating within such districts the use
and area requirements of land and the use, height, and area of buildings
for the purpose of conserving and promoting the health, safety, morals,
convenience and general welfare of the people of the community. Zoning
is the instrument for giving effect to that part of the Comprehensive
Plan which is concerned with the private uses of and the private development
on privately owned land, and with that part which is concerned with
public uses and facilities.
ZONING HEARING BOARD
That board assigned the duties of judging various appeals
of persons aggrieved by the interpretation of the terms of this chapter.
ZONING OFFICER
That individual authorized by the Board of Supervisors to
be the administrator of the day-to-day application of the provisions
contained in this chapter.
ZONING PERMIT
A permit issued that indicates that a proposed use, building,
structure or activity is in accordance with the provisions of this
chapter and other applicable ordinances and regulations of the Township
and which authorizes the applicant to proceed with such use, construction
or other activity. The zoning permit shall be the means by which the
Township regulates user activities other than construction and other
actions expressly regulated by the Pennsylvania Construction Code,
but which otherwise governs such activities. Action on a zoning permit
that relates to regulation of this chapter shall be subject to appeal
under this chapter. Action on a zoning permit that relates to regulations
of other laws or ordinances shall be subject to review as specified
in such laws and other ordinances.
ZOO
A place where animals are kept, often in a combination of
indoor and outdoor spaces, and the primary purpose is to be viewed
by the public.