[Ord. No. 130, 12/9/1991]
(a) 
For the purpose of this chapter, certain terms and words are defined below. Words used in the present tense shall include the future tense. Words in the singular shall include the plural and words in the plural shall include the singular. Words in the masculine shall include the feminine and the neuter.
(b) 
The word "shall" is mandatory. The word "may" is permissive. The word "person" includes "individual," "company," "unincorporated association," or other similar entities. The words "used for" include "designed for," "arranged for," "intended for," "maintained for," or "occupied for." The word "building" shall be construed as if followed by the phrase "or part thereof."
[Ord. No. 130, 12/9/1991; as amended by Ord. No. 160, 4/27/1998; by Ord. No. 164, 4/26/1999; by Ord. No. 192, 9/16/2002; by Ord. No. 196, 4/15/2003; by Ord. No. 229, 12/19/2006; by Ord. No. 234, 4/17/2007; by Ord. No. 239, 8/21/2007; by Ord. No. 246, 8/6/2008; by Ord. No. 247, 10/1/2008; by Ord. No. 248, 10/1/2008; by Ord. No. 269, 12/15/2010; by Ord. No. 275, 10/5/2011; by Ord. No. 283, 3/19/2014; by Ord. No. 289, 7/1/2015; and by Ord. No. 294, 6/15/2016]
Terms or words used in this chapter, unless otherwise expressly stated, shall be construed as defined below. When terms, phrases or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years, i.e., that has a 1% chance of occurring each year, although the flood may occur in any year.
ACCESSORY BUILDING
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal use.
ACCESSORY USE
A subordinate use of a portion of a lot which is customarily incidental to the main or principal use of land or of a building on a lot.
ACRE
Forty-three thousand five hundred sixty square feet.
ACT
The Pennsylvania Municipalities Planning Code, as amended.
ACT 247
The Pennsylvania Municipalities Planning Code, as amended.
ADJACENT
The state of being side by side, next to or adjoining one another.
ADT (AVERAGE DAILY TRAFFIC)
The average number of vehicles that pass over a given point per day.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock in trade (for sale or rental) books, magazines and other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined by the State Obscenity Code, as amended.
ADULT BUSINESS USE
Any adult bookstore, adult cabaret, adult theater or adult mini-motion picture theater, as defined below, and which, under the State Obscenity Code, as amended, must exclude minors or may not knowingly disseminate to minors.
ADULT CABARET
A cabaret, tavern, theater or club which features strippers, male or female impersonators, or similar entertainers who exhibit, display or engage in nudity, sexual conduct or sadomasochistic abuse, as defined in the State Obscenity Code, as amended.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons within private viewing booths and/or by use of token or coin-operated viewing booths and/or by use of token or coin-operated projectors or other video machines as defined in the State Obscenity Code, as amended.
ADULT THEATER
Any business, indoor or outdoor, which exhibits a motion picture show or other presentations which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse, as defined in the State Obscenity Code, as amended.
AGE RESTRICTED HOUSING
A residential community for permanent residents in which the residential property and related open space are owned by a condominium association or other homeowner's association or entity. One hundred percent of the dwellings in an age-restricted housing development are occupied by at least one person age 55 or over with the following exceptions:
(a) 
One person under the age of 55 may reside in a dwelling unit if the presence of such person is essential to the physical care of the occupant that is age 55 or over.
(b) 
A spouse under the age of 55 years may reside with the spouse that is 55 years of age or over.
(c) 
The age-restricted housing development shall be established in accordance with the laws of the Commonwealth of Pennsylvania and shall qualify for a Housing for Older Persons exemption under the Fair Housing Act.
(d) 
The homeowner or condominium association shall own all common spaces, including, but not limited to, open spaces, common areas, recreation areas, road area and sidewalk. The association shall be responsible for, at a minimum, collection of garbage and recyclable material, snow removal, road and sidewalk maintenance, maintenance of buffer and other common landscape areas.
AGE TARGETED HOUSING
A dwelling unit targeted, but not restricted to at least one permanent resident over 55 years of age, with a first floor master bedroom designed and marketed to purchasers typically without children with deed/Homeowners' Association restrictions prohibiting outside amenities such as playground equipment, swing sets, swimming pools and similar items.
AGRICULTURE (GENERAL)
The cultivation of the soil and the raising and harvesting of the products of the soil, including, but not limited to, nursery, horticulture, forestry and animal husbandry. Section 32-905 of this chapter outlines the limitations for general agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Security Act (Act 43 of 1981, as amended).
[Amended by Ord. No. 310, 2/6/2019]
AGRICULTURE (INTENSIVE)
Specialized agricultural activities, including but not limited to mushroom, egg and poultry production, and dry lot livestock production, which due to the intensity of production or raw material storage needs, necessitate special control of operation, raw material storage and processing, and disposal of liquid and solid wastes. Intensive agricultural activities shall also include general agricultural activities exceeding the standards and specifications outlined under § 32-905(a) of this chapter. Section 32-905(b) outlines the limitations for intensive agricultural activities. These limitations shall disrupt any of the rights and privileges established under the Pennsylvania Agricultural Security Act (Act 43 of 1981, as amended).
ALLUVIAL SOILS
Soils which have been formed in alluvium and deposited by past stream or flooding conditions.
ALLUVIUM
Soil material such as sand, silt or clay that has been deposited on land by past stream or flooding conditions.
ALTERATION
Any change or rearrangement in the structural parts or in the existing facilities of a building or structure or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such building from one location or position to another.[1]
ATTIC
That part of a building which is immediately below and wholly or partly within the roof framing.
BASEMENT
A story partly below the finished grade but having 1/2 or more of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building.
BED AND BREAKFAST
The temporary use and occupancy of a single-family detached dwelling for the purpose of accommodating transient guests for rent.
BLOCK
A tract of land or a lot or group of lots bounded by streets, public parks, railroad rights-of-way, water courses or bodies of water, boundary lines of the Township, or by any combination of the above.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Amity, Berks County, Pennsylvania.
BUFFER YARD
A continuous strip of land which is clear of all buildings and paved areas and is adequately landscaped in accordance with § 27-517, entitled "Landscaping Regulations," of Chapter 27, entitled "Subdivision and Land Development" of the Township of Amity Code of Ordinances. Buffer Yard shall also mean buffer screens as used in § 27-517, entitled "Landscaping Regulations," of Chapter 27, entitled "Subdivision and Land Development" of the Township of Amity Code of Ordinances.
BUILDING
A structure enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, and designed for the enclosure and support of individuals, animals or property of any kind.
BUILDING AREA
The total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions.
BUILDING COVERAGE
The percentage of a lot covered by principal and accessory buildings.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished grade at the two front corners of the building to:
(a) 
The highest point of the roof for buildings in the RC, LDR, MDR, and MHP Zoning Districts, unless otherwise set forth;
(b) 
The highest point of habitable building space for buildings in the HC, SCC, and LI/O Zoning Districts.
BUILDING LENGTH
The measurement of a building in one general direction.
BUILDING SETBACK
The minimum distance a building or structure must be set back from the street right-of-way line (except the right-of-way of a service street). (See Lot and Setback Requirements Diagram in § 32-1202 of this chapter.)
BUILDING SETBACK LINE
The line within a property establishing the minimum required distance between any building or structure, or portions thereof, to be erected or altered and a street right-of-way (except the right-of-way of a service street). The distance shall be measured at right angles from the street right-of-way line which abuts the property and the building setback line shall be parallel to said right-of-way line.
CAMPGROUND
A plot of ground upon which two or more campsites are located for occupancy, regardless whether a fee has been charged for the occupancy of such space.
CAMPING UNIT
A tent or camping vehicle located on a campsite.
CAMPSITE
A plot of ground within a campground for the use of a single camping unit.
CARPORT
A building open on two or more sides and used in association with a dwelling for the storage of private motor vehicles.
CARTWAY
The portion of a street right-of-way, whether paved or unpaved designed for vehicular use.[2]
CELLAR
A story partly below the finished grade, having at least 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.[3]
CEMETERY
Land used or intended to be used for the burial of human remains and may include columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF USE AND OCCUPANCY
A statement, based on an inspection, signed by the Zoning Officer, setting forth that a building, structure, sign and/or land complies with this chapter, or that a building, structure, sign and/or land may be lawfully employed for specific uses or both.
CHURCH
A building used for public worship by a congregation, excluding buildings used primarily for residential, educational, burial, recreational or other uses not normally associated with worship.
CLUB OR LODGE
An association of persons for some common nonprofit activity, not including groups organized primarily to render a service which is customarily carried on as a business.
CLUSTER DEVELOPMENT
An alternative development method wherein structures are arranged in closely related groups, reducing lot sizes, preserving land for open space and permitting innovative site design.
COMMERCIAL RETIREMENT COMMUNITY
The business of a planned retirement community, under single ownership, on a single lot/tract of land, that offers significant services and amenities that support aging in place with 100% of its' residents over the age of 55 meeting the Qualifications of § 32-953 of this chapter.
COMMERCIAL SCHOOL
A school for the teaching of a trade or skill, carried on as a business.
COMMERCIAL SOLAR ENERGY SYSTEM
An alternative energy facility that consists of one or more ground-mounted, freestanding, or building-integrated solar collection devices, solar energy related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy primarily for commercial or other off-site use.
[Added by Ord. No. 319, 8/19/2020]
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within the development site designed and intended for use or enjoyment of all residents of the development in which it is located. Land included within the right-of-way lines of streets shall not be classified as common open space. Common open spaces shall not include required open areas between buildings and between buildings and street rights-of-way, driveways, parking areas and property lines in the development. No dwelling unit, residential accessory building or parking area may be located within common open spaces.
COMMON PARKING AREA
A parking facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semi-detached dwelling, or one townhouse is located.
COMMON WALL
A wall used or adopted for joint service between two buildings or parts thereof.[4]
COMPLETION
The act of bringing to a condition of physical completeness and readiness for use and occupancy.
COMPOUNDING
To make or form by combining parts or elements.
COMPREHENSIVE PLAN
The document entitled the Amity Township Comprehensive Plan, or any part thereof, adopted by the Amity Township Board of Supervisors, as amended from time to time.
CONDITIONAL USE
Certain specified uses which are permitted or denied by the Board of Supervisors after recommendations by the Planning Commission pursuant to express standards and specifications established in this chapter.
CONDOMINIUM
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, created under either the Pennsylvania Unit Property Act of July 3, 1963 or the Pennsylvania Uniform Condominium Act.
CONSTRUCTION SITE
The total necessary land required for all buildings or uses within a unified development before a zoning permit may be issued.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
A residential community designed to provide independent and assisted living arrangements for person(s) aged 55 years and older as part of a planned community that also provides nursing services and other health-related services and shall consist of the following:
(a) 
INDEPENDENT LIVING UNITA dwelling unit within a Continuing Care Retirement Community.
(b) 
ASSISTED LIVING UNITA living arrangement within a Continuing Care Retirement Community in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing and taking medication.
(c) 
NURSING OR SKILLED UNITA living arrangement within a Continuing Care Retirement Community, which is duly licensed by the Commonwealth of Pennsylvania and provides medical care, convalescent care and services in coordination with the living arrangement for seniors with medical needs and disabilities.
CONVERSION
To change or adapt land or structures to a different use, occupancy or purpose.
COUNTY
The County of Berks, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION
The Berks County Planning Commission.
COURT
A portion of a lot unoccupied above grade but partially or wholly surrounded by the walls of a structure or buildings.
CROSS BAR
A structure at or near the top of the low power mobile radio service telecommunications facility which provides support and horizontal separation for the antenna(s).
CURATIVE AMENDMENT
A proposed zoning amendment made to the Board of Supervisors by any landowner/applicant who desires to challenge on substantial grounds the validity of an ordinance which prohibits or restricts the use or the development of land in which the landowner/applicant has an interest.
CURB LINE
The edge of the cartway.
DENSITY
The number of dwelling units per gross acre.
DEVELOPMENT
Any man-made change to improved or unimproved land, including but not limited to buildings or other structures, the installation of utilities, filling, grading, paving, excavation, mining, dredging or drilling operations.[5]
DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit issued by the Pennsylvania Department of Health to dispense medical marijuana pursuant to the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[Added by Ord. No. 312, 2/6/2019]
DISTRICT
A portion of the Township within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.
DOH
Pennsylvania Department of Health.
[Added by Ord. No. 312, 2/6/2019]
DWELLING
A building or structure or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as hospitals, hotels, boarding, rooming, lodging houses, nursing homes, motels and institutional residences are not included in the definition of dwelling. (See Diagram for Types of Dwelling Units in § 32-1201 of this chapter.)
(a) 
SINGLE-FAMILY DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building.
(b) 
SINGLE-FAMILY SEMI-DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a common wall.
(c) 
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building arranged, designed or intended for occupancy of two families living independent of each other in separate dwelling units that are separated by horizontal floors as opposed to vertical walls.
(d) 
TOWNHOUSEA building arranged, intended or designed to be occupied exclusively as a residence for one family which is one of a group of three or more such buildings, placed side by side and separated by unpierced common walls, each dwelling having at least one separate entrance from the outside.
(e) 
APARTMENT BUILDINGA building on a single lot arranged, intended or designed to be occupied as a residence for three or more families, and in which the dwelling units may be separated horizontally and/or vertically.
(f) 
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common open space solely for the owners of those portions, created under either the Pennsylvania Unit Property Act, as amended, or the Pennsylvania Uniform Condominium Act, as amended.
(g) 
MOBILE HOMEA transportable, single-family dwelling constructed in accordance with the specifications of the Commonwealth of Pennsylvania 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.
(h) 
MODULAR HOMEAny structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site. Housing units defined as mobile homes are excluded from this definition.
DWELLING UNIT
A building or portion thereof providing one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, and having no cooking or sanitary facilities in common with any other unit.[6]
ELECTRIC SUBSTATION
An assemblage of equipment for purposes other than generation or utilization through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the need of the general public.
FAMILY
An individual or any number of individuals living together as a single, nonprofit housekeeping unit, having a single, common cooking facility and living together upon the premises as a separate unit in a domestic relationship based upon birth, marriage or other domestic bond; excluding, however, occupants of a club, fraternity house, lodge, residential club or rooming house. Also, a group of not more than three persons not related, living as a single housekeeping unit in a dwelling unit.
FARM
An area of land, including all buildings, accessory buildings, farm buildings and one single-family detached principal dwelling all used for agriculture and where the primary source of income is derived from property.
FARM BUILDING
A barn, silo or any building used for the storage of agricultural equipment or farm produce, or housing livestock or poultry. The term "farm building" shall not include dwellings.
FENCE
A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a wall.
FLOOR AREA (GROSS FLOOR AREA)
The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or from the center line of wall separating buildings.
(a) 
In particular, the floor area of a building or buildings shall include:
(1) 
Basement space;
(2) 
All spaces other than cellar space with structural headroom of seven feet, six inches or more;
(3) 
Interior balconies and mezzanines;
(4) 
Enclosed porches, terraces or other space which are attached to the principal structure on at least one side;
(5) 
Attic spaces (with or without a finished floor) providing structural headroom of seven feet, six inches or more is available over 50% of such attic space.
(b) 
However, the "floor area" shall not include:
(1) 
Cellar space, except that cellar space used for retailing;
(2) 
Elevator shafts, stairwells, bulkhead, accessory water tanks or cooling towers;
(3) 
Terraces, breezeways, uncovered steps or open space;
(4) 
Accessory buildings.
FLOOR AREA RATIO
The floor area in square feet of all buildings on a lot divided by the gross area of such lot in square feet.[7]
GARAGE
(a) 
GARAGE, PRIVATE RESIDENTIALAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than three motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
(b) 
GARAGE, PUBLIC OR REPAIRA building, other than a private or storage garage, one or more stories in height, used solely for commercial storage service or repair of motor vehicles.
(c) 
GARAGE, STORAGEA building, not a private residential or a public garage, one story in height, used solely for the storage of motor vehicles used in conjunction with a business or industry, but not for the sale, service or repair thereof nor for the sale of fuel, accessories or supplies.
GOVERNING BODY
The Board of Supervisors of the Township of Amity.
GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit from the Pennsylvania Department of Health to grow and process medical marijuana in the commonwealth pursuant to the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[Added by Ord. No. 312, 2/6/2019]
HEALTH CLUB
A private or public indoor facility utilized for recreational activities. All activities relating to an adult business use shall be prohibited within a health club.
HEAVY CONSTRUCTION CONTRACTOR'S ESTABLISHMENT
Uses or facilities designed or intended to be used for the conduct of businesses related to the heavy construction industry and characterized by large outdoor storage areas for materials and equipment. Such establishments may include, but are not limited to, excavation and grading contractors, masonry and concrete contractors, road construction and paving contractors, commercial building contractors and similar trades and businesses.
[Added by Ord. No. 318, 8/5/2020]
HIGH WATER TABLE SOILS
Surface soils which are within three feet of the seasonable high water table.
HIGHWAY ACCESS POINT
A place of ingress/egress from or access to a street or highway created by a driveway or another street or highway. Measurement between them shall be from the center line of one such point to the center line of another such point.
HIGHWAY FRONTAGE
The lot dimensions measured along the right-of-way line of any one street or highway abutting a lot.
HOME OCCUPATION OR ACCESSORY PROFESSIONAL OFFICE USE
A professional use which is customarily carried on in a dwelling unit, or a structure accessory thereto, clearly secondary and incidental to the dwelling in which the practitioner resides.
HOTEL
A building or group of buildings containing seven or more individual rooms for rental, primarily for transients, with common hallways for all rooms on the same floor, and where no provision is made for cooking in any individual room or suite. "Hotel" does not include institutional or educational uses and buildings where human beings are housed under legal constraint.
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
IMPERVIOUS COVERAGE
The percentage of lot area covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces which do not normally absorb rainfall.
IMPERVIOUS SURFACES
Those surfaces which do not normally absorb water. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete, asphalt or packed stone, which in the opinion of the Township Engineer shall be considered impervious surfaces, shall be classified as an impervious surface within this definition. In addition, other area determined by the Township Engineer to be impervious within the meaning of this definition will also be classified as impervious surfaces.
IMPROVEMENT
Any type of structure or paved section, excluding driveway, curb, sidewalk, planting strip or barrier to unchanneled motor vehicle entrance or exit.
IMPROVEMENT SETBACK
The minimum distance an improvement must be set back from a street right-of-way and/or property line.
INDIVIDUAL PROPERTY SOLAR ENERGY SYSTEM
An alternative energy system that consists of one or more ground-mounted, principal building-mounted or accessory building-mounted solar collection devices and solar energy related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy to reduce on-site consumption of purchased power, when a property upon which the system is installed also receives electricity supplied by a utility company. Excess electricity generated and not presently needed for on-site use may be used off-site by a utility company.
[Added by Ord. No. 319, 8/19/2020]
INDUSTRY
A facility for the manufacture, processing or warehousing of products and materials.
JUNK YARD
A lot, land or structure, or parts thereof, used for the collection, storage, dismantling, salvage, sale or recycling of used and discarded materials, including but not limited to waste paper, rags, scrap metal or the scrap, salvage or discarded material from vehicles or machinery. The deposit or storage of two or more unlicensed, uninspected, wrecked or disabled vehicles shall be deemed to be a "junk yard."
KENNEL
A commercial establishment, structure, lot or portion of a lot in which five or more domesticated pets more than six months old are kept for the purpose of breeding, boarding, sale and/or show.
LABORATORY
A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition). A lessee under a written lease who has written authorization of the legal owner shall be deemed to be a landowner for the purpose of this chapter.
LANDSCAPED AREA
The percentage of a lot covered by trees, gardens, grass, shrubbery, natural turf and other natural ground cover such as mulch, decorative stone or similar material.[8]
LANDSCAPING CONTRACTOR'S ESTABLISHMENT
Uses or facilities designed or intended to be used for the conduct of businesses related to the landscaping industry, including contractors who provide services, including, but not limited to, lawn mowing, lawn fertilizing and weed control, hardscape design and installation, tree and shrub installation and similar services.
[Added by Ord. No. 318, 8/5/2020]
LIGHT CONSTRUCTION CONTRACTOR'S ESTABLISHMENT
Uses or facilities designed or intended to be used for the conduct of businesses related to construction trade industries, including, but not limited to, electrical contractors, plumbing contractors, HVAC contractors, flooring contractors, framing/carpentry contractors and similar trades and businesses.
[Added by Ord. No. 318, 8/5/2020]
LIGHT MANUFACTURING
The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with only screened outside storage, serviced my modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.
LIVESTOCK
Farm animals which are kept or raised for use, pleasure and/or profit, but does not include poultry or rabbits.
[Amended by Ord. No. 310, 2/6/2019]
LOT
A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed or required. The term "lot" shall also mean parcel, plot, site or any similar term.
(a) 
CORNER LOTA lot situate at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. The front yard and lot width requirements shall apply to each street to which the corner lot has frontage.
(b) 
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
(c) 
REVERSE FRONTAGE LOTSLots which have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot.
(d) 
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
(e) 
FLAG LOT OR KEYHOLE LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise land locked interior parcel.
LOT AREA (GROSS)
The space contained within the lot lines, including land area within all existing and future/ultimate street rights-of-way, areas delineated as "wetlands," areas identified as common open space and land area within all utility, municipal and stormwater easements.
LOT AREA (NET)
The space contained within the lot lines, excluding any and all land areas as follows: areas within existing or designated ultimate street rights-of-way; areas within the Environmental Protection Overlay District; areas identified as common open space; and areas within easements dedicated for utility, municipal or stormwater purposes. The Net lot area for all proposed lots shall be no smaller than the minimum lot size for the zoning district in which the lot is located."
LOT COVERAGE
The percentage of a lot covered by principal and accessory buildings.
LOT DEPTH
The mean average horizontal distance between the front and the rear lot lines.
LOT FRONTAGE
That portion of a lot which fronts on a single street.
LOT LINE
A line forming the front, rear or side boundary of a lot.
(a) 
FRONT LOT LINEThe line separating a lot from a street. The front lot line is also the street line.
(b) 
REAR LOT LINEThe lot line which is opposite the front lot line. The rear line of any triangularly or irregularly shaped lot shall be established such that it will be at least 10 feet long.
(c) 
SIDE LOT LINEAny lot line other than a front or rear lot line.
LOT OF RECORD
A lot or parcel recorded in the Office of the Recorder of Deeds of Berks County, Pennsylvania.
LOT WIDTH
The width of a lot measured at the street line and at the legal right-of-way line and/or ultimate right-of-way line (where it exists) of the street immediately adjacent thereto.[9]
MASSAGE THERAPY ESTABLISHMENT
A place of business engaging in the profession of "massage therapy" by an individual or individuals who hold valid Pennsylvania licenses to practice massage therapy ("licensee," "license") as each of these terms are identified by the Massage Therapy Law (Act 118 of 2008) 63 P.S. §§ 627.1 - 627.50 and regulated pursuant to 49 Pa Code 20.1.
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.[10]
[Added by Ord. No. 312, 2/6/2019]
MOBILE HOME LOT
A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.[11]
MOTEL
A group of attached or detached buildings containing individual living or sleeping units designed for temporary use by tourists or transients generally traveling by motor vehicle.
MOTOR VEHICLE SERVICE STATION
An area of land, including structures thereon, used primarily for the sale of gasoline or motor vehicle fuel, but which may be used secondarily for supplying services generally required for the operation and maintenance of motor vehicles, but which shall not include painting, body and fender repairs, or sale, rental and storage of vehicles.
MUNICIPAL USE
A use by the Township for public recreation area, park, swimming pool, golf course, spectator sports, Township offices, police station, water and sewage facilities, utilities, road materials and equipment storage and similar governmental uses, auditorium, or meeting rooms for civic group use.
MUNICIPALITY
The Township of Amity, Berks County, Pennsylvania.
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 LOT
A lot which does not meet with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter or is legally established through the granting of a variance by the Zoning Hearing Board.
NONCONFORMING STRUCTURE OR BUILDING
A structure or building, or part thereof, which does not meet the applicable provisions or requirements of the district in which it is located, either at the time of enactment of this chapter or as a result of subsequent amendments thereto, where such building or structure lawfully existed prior to the enactment of such Chapter or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A building, structure, sign or use of land which does not conform to the applicable regulations of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto, but which did not violate any applicable use regulations prior to the enactment of such Chapter or amendments. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces.
NURSERY/GREENHOUSE
The raising of trees (for transplanting), ornamental, shrubs, flowers or house plants for any commercial purpose. All nursery/greenhouses that are designed and constructed to be 1,000 square feet or less shall be considered an accessory structure. All nursery/greenhouses that are designed and constructed to exceed 1,000 square feet in size shall be considered a principal structure.
NURSING HOME
A building containing sleeping rooms used by persons who are lodged and furnished with meals and are provided with needed support services, including the availability of basic nursing care. Such a facility may or may not include skilled nursing or medical care. This definition shall be limited to facilities licensed by the Commonwealth of Pennsylvania as a nursing center or personal care center.
OFFICE
A building in which business, clerical, government, or professional activities take place.
OFFICIAL ZONING MAP
The Zoning Map of the Township of Amity.[12]
OPEN SPACE
Unoccupied space open to the sky and on the same lot with the principal use.
PARKING LOT
An off-street area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.
PARKING PERIMETER
The limit beyond which parking is not allowed, the circumscribed parking area.
PARKING SPACE
A reasonably level space, available for the parking of one motor vehicle, not less than 10 feet wide and having an area of not less than 200 square feet exclusive of passageways or other means of circulation or access.
PAVED AREA
The percentage of lot area covered by any and all impervious surfaces, as defined herein.
PENNSYLVANIA MEDICAL MARIJUANA ACT
35 P.S. § 10231.101 et seq.
[Added by Ord. No. 312, 2/6/2019]
PERMANENT SIGN
A sign which has a permanent location on the ground or which is attached to a structure having a permanent location and meets the structural requirements for signs as established in the Building Code.
PERMITTED USE
A use permitted in a particular district to occupy or use land for a specific purpose in accordance with this chapter, when such use is permitted by right.
PLAN
The proposal for subdivision or land development, including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities.
[Amended by Ord. No. 330, 12/21/2022]
(a) 
SKETCH PLANAn informal plan, drawn to scale, indicating existing features of a tract and the general layout of the proposed subdivision or land development. The plan shall be presented for discussion purposes only and not for approval.
(b) 
PRELIMINARY PLANA tentative subdivision or land development plan (including all required supplementary data) showing the pertinent features of a tract and proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
(c) 
FINAL PLANA complete and exact subdivision or land development plan (including all required supplemental data) prepared for official recording as required by statute, to define property rights, proposed streets and other improvements.
(d) 
MINOR SUBDIVISION PLANA complete and exact plan prepared in accordance with the standards and limitations specified under § 27-306(b), entitled "Minor Subdivisions," of Chapter 27, entitled "Subdivision and Land Development" of the Township of Amity Code of Ordinances.
(e) 
AS-BUILT/IMPROVEMENTS PLANA detailed engineering plan showing the construction details of streets, storm drainage facilities and other improvements as required by § 27-404, entitled "As-Built/Improvements Plan," of Chapter 27, entitled "Subdivision and Land Development" of the Township of Amity Code of Ordinances.
(f) 
PLAN OF RECORDAn exact copy of the approved final plan which has been officially recorded by the Berks County Recorder of Deeds.
PLANNED RESIDENTIAL DEVELOPMENT
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 or 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 this chapter.
PLANNING COMMISSION
The Planning Commission of the Township of Amity, Berks County, Pennsylvania.
PRINCIPAL BUILDING
A building in which a principal use on a lot is carried on.
PRINCIPAL USE
The main or primary purpose for which any land, structure or building is designed, arranged or intended, and for which they may be occupied or maintained under the terms of this chapter.[13]
PRIVATE LOW POWER MOBILE RADIO SERVICE
All other forms of wireless telecommunications which have similar physical facilities as Commercial Low Power Mobile Radio Service, but which do not meet the definition of Commercial Mobile Radio Service.
RECREATION AREA (ACTIVE)
Land area that contains facilities that require visitors/participants to become involved in physical or an energetic moving function, primarily group functions.
RECREATION AREA (PASSIVE)
Land area that contains facilities that require visitors/participants to become involved in quiet functions that do not require physical or energetic functions. The term Passive Recreation shall include walking, jogging and nature trails included as part of any Park or Development.
RECYCLING FACILITY
Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.[14]
SANITARY SEWER SYSTEM
A system designed to collect, treat and dispose of sewage from users in compliance with state and local regulations.
(a) 
ON-LOT SYSTEMA sewage disposal system which collects, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot.
(b) 
COMMUNITY SYSTEMA sewage disposal system which collects, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
(c) 
PUBLIC SYSTEMA sewage disposal system which collects, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant.
SIGN
Any permanent or temporary structure or part thereof or any device attached, painted or represented, directly or indirectly, on a support structure, building, wall or other surface (indoor or outdoor that can be viewed by the public) that displays or includes any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction or which is designed to attract the eye or bring the subject to the attention of the public. The term "sign" includes the word "billboard," "monument sign" and "post sign," but does not include the flag, pennant or insignia of any nation, state, city or other political unit, nor public traffic or directional signs.
SOLID WASTE
Waste, including solid, liquid, semi-solid or contained gaseous materials.
SPECIAL EXCEPTION
A use permitted in a particular district by the Zoning Hearing Board, to occupy or use land for a specific purpose in accordance with this chapter, when such use is not permitted by right.
STATE OBSCENITY CODE
Section 5903, Title 18, Pennsylvania Consolidated Statutes, as amended.
STORY
That 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, then the space between any floor and the ceiling next above it. A basement, but not a cellar, shall be deemed to be a story.
STREET
A public or private right-of-way, excluding driveways, intended as a means of vehicular and pedestrian travel, furnishing access to abutting properties. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway and similar terms.
(a) 
ARTERIAL (MAJOR) STREETA street serving a large volume of comparatively high-speed and long distance traffic.
(b) 
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or arterial streets or other collector streets. Streets within an industrial or commercial development shall be considered collector streets.
(c) 
MINOR STREETA street used primarily to provide access to residential properties.
(d) 
CUL-DE-SAC STREETA minor street intersecting another street at one end, and terminating in a vehicular turnaround at the other end.
(e) 
MARGINAL ACCESS STREETA minor street, parallel and adjacent to an arterial or collector street (but separating it by a reverse strip) which provides access to abutting properties and control of intersections.
(f) 
INTERNAL STREETA minor street used for circulation and access within a development involving multi-residential, commercial and/or industrial land uses.
(g) 
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STREET FRONTAGE
The lot dimension measured along the street line or right-of-way line of any one street or highway abutting a lot.
STREET LINE
The dividing line between a lot and the outside boundary of a public street, road or highway right-of-way legally open or officially mapped by a municipality or higher governmental authority, between a lot and the outside boundary of a street shown on a recorded subdivision or land development plan, or between a lot and a private street or road over which the owners or tenants of one or more lots held in single and separate ownership have a right-of-way.
STRUCTURE
Any man-made object having an ascertainable stationary location or in land or water, whether or not affixed to the land.
SURFACE MINING
The extraction of minerals, rock and other products of the earth by activities conducted upon the surface of the land which require the removal of the overburden, strata or material overlying, above or between the minerals, rock and other products of the earth, or by otherwise exposing and retrieving the minerals from the surface. Mining activities carried out beneath the surface by means of shafts, tunnels or other underground mine openings are not included in this definition.
SWIMMING POOL
A body of water or receptacle for water having a depth at any point greater than 24 inches which is primarily used or intended to be used for swimming or bathing.
TATTOO
The process of marking or coloring the skin of any person by puncturing the skin or otherwise inserting coloring matter under the skin so as to form indelible marks, figures or designs.
TATTOO PARLOR
Any room or building or portion thereto where the work of tattooing (or any part of such work) is practiced, the business of tattooing (or any such business) is conducted, the work of tattooing and/or body piercing is practiced, or the business of both tattooing and body piercing is conducted.[15]
TEMPORARY SIGN
A "temporary sign" is any sign, banner or poster placed to advertise or announce a specific event, pertains to a particular event or occurrence, is intended to be deployed for a limited time period and which is not designed or intended to be placed permanently.
TOWNSHIP
The Township of Amity, Berks County, Pennsylvania.
TRANSITIONAL-AGE DEVELOPMENT
A unified planned residential development providing a unique and innovative approach for housing and community development for families as well as persons over 55 years of age with at least 50% of the residences being occupied by residents one of whom shall be over 55 years of age and who do not have children or dependents residing with them on a permanent basis in accordance with the provisions of § 32-403(c)(9) and § 32-952 of this chapter.
USE
The specific purpose for which land, a sign or a structure or building is designed, arranged or intended, or for which it may be occupied or maintained, or any activity, occupation, business or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE
Relief granted by the Zoning Hearing Board from the terms and conditions of this chapter where literal enforcement would create unnecessary hardship and when granting of the relief would not be contrary to the public interest.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term waste shall also include and apply to waste considered as either hazardous, contaminated, toxic, residual, municipal or recyclable, as defined by the PA DEP and/or the Environmental Protection Agency.
WATER SUPPLY SYSTEM
A system designed to transmit water from the source to users, in compliance with the requirements of the appropriate state agencies and the Township.
(a) 
ON-LOT WATER SUPPLY SYSTEMA water supply system which transmits water from a source on the lot to one dwelling, principal use or lot.
(b) 
COMMUNITY WATER SUPPLY SYSTEMA temporary water supply system which transmits from a common source to more than one dwelling, principal use and/or lot within a single neighborhood. A community water supply system may be permitted on a temporary basis for developments which are to be permanently serviced by a public water supply system.
(c) 
PUBLIC OR MUNICIPAL WATER SUPPLY SYSTEMA system of water collection, storage, transmission and delivery which is to service a community, but not confined to a neighborhood.
WETLANDS
Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The three major characteristics of wetlands include vegetation, soil and hydrology.[16]
WIRELESS COMMUNICATIONS RELATED TERMS
The following terms are defined for the purposes of § 32-945, Wireless Communications Facilities:
[Added by Ord. No. 317, 8/5/2020]
(a) 
ACCESSORY EQUIPMENTAny equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
(b) 
ANTENNAAn apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
(c) 
COLLOCATIONThe mounting of one or more wireless communications facility, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a wireless communications facility on that structure.
(d) 
DISTRIBUTED ANTENNA SYSTEM (DAS)Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
(e) 
ELIGIBLE FACILITIES REQUESTAny request for modification of an existing tower-based wireless communications facility, non-tower wireless communications facility, or small wireless communications facility that does not substantially change the physical dimensions of such tower-based wireless communications facility, non-tower wireless communications facility, or small wireless communications facility, involving collocation of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment, pursuant to the requirements of 47 C.F.R. § 1.6100.
(f) 
EMERGENCYA condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public, or has caused or is likely to cause facilities in the rights-of-way (ROW) to be unusable and result in loss of the services provided.
(g) 
EQUIPMENT COMPOUNDAn area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment is located.
(h) 
FCCFederal Communications Commission.
(i) 
HEIGHTThe vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based wireless communications facility or a tower-based small wireless facility, including antennas mounted on the tower and any other appurtenances.
(j) 
MODIFICATION OR MODIFYThe improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
(k) 
MONOPOLEA wireless communications facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
(l) 
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)Wireless communications facilities collocated on existing structures, such as, but not limited to existing tower-based wireless communications facilities, 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 support structure solely for the purpose of supporting the non-tower wireless communications facility.
(m) 
PERSONIndividuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Township, or to any department or agency of the Township.
(n) 
REPLACEMENTThe replacement of existing wireless communications 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 communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
(o) 
SMALL WIRELESS COMMUNICATIONS FACILITYA wireless communications facility that meets the following criteria:
(1) 
The structure on which antenna facilities are mounted:
(i) 
Is 50 feet or less in height; or
(ii) 
Is no more than 10% taller than other adjacent structures; or
(iii) 
Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities; and
(2) 
Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and
(3) 
All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.
(4) 
The facilities do not require antenna structure registration under 47 CFR Part 17;
(5) 
The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) 
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
(p) 
STEALTH TECHNOLOGYCamouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally 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, and light poles.
(q) 
SUBSTANTIALLY CHANGE OR SUBSTANTIAL CHANGEA modification substantially changes the physical dimensions of a wireless support structure if it meets any of the following criteria:
(1) 
For wireless support structures other than wireless support structures in the public right-of-way (ROW), it increases the height of the wireless support structures 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 wireless support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater.
(i) 
Changes in height should be measured from the original wireless 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 wireless support structure, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(2) 
For wireless support structures other than wireless support structures in the public Right-of Way (ROW), it involves adding an appurtenance to the body of the wireless support structure that would protrude from the edge of the wireless support structure more than 20 feet, or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater; for other wireless support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the wireless support structure by more than six feet;
(3) 
For any wireless 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 wireless support structures in the public right-of-way (ROW) 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;
(4) 
It entails any excavation or deployment outside the current site;
(5) 
It would defeat the concealment elements of the wireless support structure; or
(6) 
It does not comply with conditions associated with the siting approval of the construction or modification of the wireless support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in § 1.40001(b)(7)(i) through (iv).
(r) 
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna(s) and accessory equipment.
(s) 
WBCAPennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et. seq.)
(t) 
WIRELESSTransmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
(u) 
WIRELESS COMMUNICATIONS FACILITY (WCF)An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.
(v) 
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)Any person that applies for a wireless communications facility building permit zoning approval and/or permission to use the public right-of-way (ROW) or other Township owned land or property.
(w) 
WIRELESS SUPPORT STRUCTUREA pole, tower, base station, or other building, whether or not it supports an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or comingled with other types of services).
WOODLAND EXTRACTION
The clear cutting of mature trees (six inches or more in caliper) to provide area for development on an individual lot.
YARD
An open space on the same lot with a structure (or a group of structures) which lies between the structure (or a group of structures) and a lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted.
(a) 
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line. On lots abutting more than one public street other than an alley the front yard requirement shall apply fronting each public street.
(b) 
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
(c) 
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
ZONING
Division of all of the land of an entire political subdivision into districts having different regulations pertaining to use of land; height, area, bulk and use of buildings; yard requirements; and in some states density of population. Zoning is affected by local ordinance under the police power of the state granted by specific legislation generally termed an "enabling act."
ZONING HEARING BOARD
A board created by the governing body to hear matters as provided for in this chapter.
ZONING MAP
The Township of Amity Zoning Map.
ZONING OFFICER
The agent or official designated by the governing body to administer and enforce this chapter.
ZONING ORDINANCE
The Amity Township Zoning Ordinance of 1968; as comprehensively amended by Ordinance No. 130 enacted December 9, 1991; as amended by Ordinance No. 134 enacted May 4, 1992; as further amended by Ordinance No. 146 enacted August 29, 1994; as further amended by Ordinance No. 160 enacted April 27, 1998; as further amended by Ordinance No. 164 enacted April 26, 1999; as further amended by Ordinance No. 166 enacted October 11, 1999; as further amended by Ordinance No. 176 enacted December 11, 2000; as further amended by Ordinance No. 188 enacted May 6, 2002; as further amended by Ordinance 192 enacted September 16, 2002; as further amended by Ordinance 196 enacted April 15, 2003; as further amended by Ordinance 229, December 19, 2006; as further amended by Ordinance 234, April 17, 2007; as further amended by Ordinance 236 enacted May 16, 2007; as further amended by Ordinance 239, August 21, 2007; as further amended by Ordinance 246, August 6, 2008; as further amended by Ordinance 247, October 1, 2008; as further amended by Ordinance 248, October 1, 2008; as further amended by Ordinance 259, October 7, 2009; as further amended by Ordinance 260, October 7, 2009; as further amended by Ordinance 261, October 21, 2009; as further amended by Ordinance 269, December 15, 2010; as further amended by Ordinance 275, October 5, 2011; as further amended by Ordinance 281 enacted December 5, 2012; as further amended by Ordinance 283, March 19, 2014; as further amended by Ordinance 289, July 1, 2015; as further amended by Ordinance 294, June 15, 2016.
[1]
Editor's Note: The former definitions of "antenna," "antenna height," and "antenna support structure," which immediately followed, were repealed by Ord. No. 317, 8/5/2020.
[2]
Editor's Note: The former definition of cell site"," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[3]
Editor's Note: The former definition of "cellular telecommunications," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[4]
Editor's Note: The former definition of "communications tower," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[5]
Editor's Note: The former definition of "directional antenna," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[6]
Editor's Note: The former definition of "effective radiated power (ERP)," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[7]
Editor's Note: The former definition of "free-standing low power mobile radio service facility," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[8]
Editor's Note: The former definition of "lattice tower," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[9]
Editor's Note: The former definitions of "low power commercial mobile radio network," "low power commercial mobile radio service," "low power mobile radio service telecommunications facility," and "low power telecommunications facility," which immediately followed, were repealed by Ord. No. 317, 8/5/2020.
[10]
Editor's Note: The former definitions of "micro-cell," and "microwave antenna," which immediately followed, were repealed by Ord. No. 317, 8/5/2020.
[11]
Editor's Note: The former definition of "monopole," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[12]
Editor's Note: The former definition of "omnidirectional antenna," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[13]
Editor's Note: The former definition of "private low power mobile radio service," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[14]
Editor's Note: The former definitions of "repeater," and "roof and/or building mount facility," which immediately followed, were repealed by Ord. No. 317, 8/5/2020.
[15]
Editor's Note: The former definition of "telecommunications," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.
[16]
Editor's Note: The former definition of "whip antenna," which immediately followed, was repealed by Ord. No. 317, 8/5/2020.