Township of Stowe, PA Terminology

In addition to the following definitions, diagrams illustrating key lot, area and bulk terms appear at the end of this chapter.

ACCESSORY BUILDING OR USE

A use, building or structure, the use of which is customarily incidental and subordinate to the main or principal use, building or structure which is located on the same lot therewith.

ADULT USE BUSINESS

Any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs or other material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined herein. Adult use businesses shall also include live-entertainment theaters, cabarets or licensed eating or drinking establishments which feature male or female nude or exotic dancers, topless dancers, strippers, or similar entertainment.

(1)

The term shall also include:

(a)

Massage parlors or services, excepting any therapeutic, medical or surgical services or facilities of a regularly licensed hospital or dispensary, or the professional services of a physician, osteopath or chiropractor duly licensed by the Commonwealth of Pennsylvania;

(b)

Model studios furnishing figure models who pose nude for the purpose of being viewed, sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted for persons who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the premise. Exempted from this provision are model studios, or businesses conducted to furnish models to studios, which are operated by any state college or junior college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating has met the requirements established by the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma;

(c)

Meditation or sexual encounter centers, rap centers, peep shows or similar establishments whose activities are characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.

(2)

The term "specified sexual activities," as used in this chapter, is defined as human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. The term "specified anatomical areas," as used in this chapter, is defined as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

ALLEY

A narrow serviceway providing a secondary public means of access to the rear or side of properties otherwise abutting on a street.

ALTERATIONS

An incidental change, rearrangement, replacement or enlargement in the structural parts or in the means of egress, whether by extending on a side or by increasing in height, or the moving from one location or position to another; or by change in use from that of one district classification to another.

AMUSEMENT ARCADE

A business, or portion thereof, having on its premises for use by the public four or more video or electromechanical devices operated by inserting a coin or token.

APARTMENT

(See "dwelling, multifamily.")

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development including his/her successors and assigns.

AUTO CONVENIENCE MARKET

A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket.

AUTO SALES

The sale or rental of new or used motor vehicles or trailers.

BASEMENT or CELLAR

A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.

BILLBOARD

A sign, other than one indicating a business conducted on the premises, upon which advertising matter of any character is printed, posted or lettered; it may be either freestanding, mounted on a building wall or other structure, or applied directly on the surface of a wall-mounted or freestanding display area.

BLOCK

An area bounded by three or more streets.

BUFFER AREA

An area of land which may include natural or artificial land forms or a planted area with shrubs, bushes, trees, grass or other ground cover material, and within which no structure or building shall be authorized except a wall or fence which meets requirements of this chapter.

BUILDING

Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals or other chattels, and including covered porches or bay windows and chimneys, manufactured and prefabricated homes.

BUILDING AREA

The area of the lot within the building lines, bounded by the required yards; where there is no required yard, then bounded by the lot line.

BUILDING LINE

A line parallel to the street right-of-way line at a distance therefrom equal to or greater than the required minimum front yard.

BUILDING SPACING

The minimum distance between two buildings. The building spacing shall be measured from the outermost wall or projections, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and gutters, provided these exceptions do not encroach more than two feet.

BULK

The term used to describe the size of buildings and their relationship to one another, to open areas, and to lot lines. Requirements relating to the bulk include standards for size, including area, height and floor area of a building; the number of dwelling units in a residential building in relationship to the area of the lot; and areas in yards or other open spaces.

BUSINESS AND PROFESSIONAL OFFICE

The office of an engineer, doctor, dentist, psychoanalyst, psychologist, public accountant, optometrist, chiropractor, attorney, real estate broker, insurance broker, architect, or other similar professional person; and any office used primarily for accounting, correspondence, research, editing or administration.

BUSINESS SERVICES

Establishments providing services primarily to business establishments on a fee or contract basis, such as advertising and public relations, management and consulting services, security and maintenance services, equipment rental/leasing, computer and data processing services.

CANOPY

A lightweight structure attached to the ground and/or to a wall and extended over a sidewalk or other pedestrian walkway, where such structure is used primarily for purposes of shelter and not advertising.

CARPORT

A structure used for the shelter of a vehicle and which includes a roof attached to the side or back of the principal building and/or supported by four columns and which is open on two or more sides from the roof to the ground over which it stands (unless specified otherwise herein).

CAR WASH

A structure, or portion thereof, either fully or partially enclosed, where one or more vehicles may be washed using mechanized equipment or by self-service.

CEMETERY

A burial place or graveyard, which may include a mausoleum, crematory or columbarium.

CHURCH

(See "place of worship.")

CLEAR SIGHT TRIANGLE

The unobstructed sight along both roads or driveways at an intersection and across their included corner for distances sufficient to allow the operators of vehicles approaching simultaneously to see each other in time to prevent a collision. The minimum sight triangle may vary according to type of street and speed limit. Sight distance along the street shall be measured at the height of the driver's eye, which is assumed to be 3.75 feet above the road surface. (See illustration.)

CLUB

(Private and/or semiprivate) An association organized and operated not for profit for persons who are bona fide members paying annual dues, and which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable federal, state, county and local laws.

COMMERCIAL

Engaging in a business, enterprise, activity, or other undertaking for profit.

COMMERCIAL RECREATION

Bowling alleys, billiard and pool halls, golf courses (regular and miniature), gymnasiums, exercise or fitness centers, swimming pools, and similar uses which are operated on a commercial, for-profit basis. Such uses do not include theaters, amusement arcades (as defined by this chapter), amusement or theme parks, or major sports arenas/stadiums or racetracks.

COMMISSIONERS

Township of Stowe, Board of Commissioners.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for use or enjoyment of residents of the development, but excluding streets, off-street parking areas, and areas set aside for public facilities.

COMMUNICATIONS ANTENNA

Any structure designed for transmitting or receiving wireless communications of video, voice data and similar transmissions, including, but not limited to, omnidirectional or whip antennas, directional or panel antennas and satellite or microwave dish antennas that may be mounted on an existing building, an existing public utility storage or transmission structure or an existing communications tower, excluding transmission and receiving devices licensed by the Federal Communications Commission (FCC) exclusively for private use by citizens.

COMMUNICATIONS TOWERS AND FACILITIES

CONDITIONAL USE

A use which may be permitted in one or more zoning districts upon approval of the Board of Commissioners, who may grant approval pursuant to express standards and criteria and the provisions of 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. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. For purposes of this chapter, "condominium" refers to a method of owning real estate and not to a type of unit or structure.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.

CORNER LOT

(See "lot, corner.")

COUNTY

Allegheny County, Pennsylvania.

COURT

An open, unoccupied, uncovered space partially or wholly surrounded by the walls of a building or structure.

COVERAGE

(See "lot, coverage.")

DAY

Days shall be measured by calendar days whenever a time period is stipulated in this chapter.

DAY-CARE CENTER

Any place, home or institution which cares for six or more persons apart from their parents, guardians or custodians for regular periods of time for compensation, provided that the term "day-care center" shall not include or apply to bona fide schools, custody fixed by a court, or children related by blood or marriage to the provider within the day-care centers. Day-care centers must be operated in accordance with Title 55 of the Public Welfare Chapter 3270 and Title 55 Public Welfare Chapter 3290 and Title 55 Public Welfare Chapter 3280[1] and 62 P.S. §§ 1511.1 through 1511.22.

DEVELOPER

Any landowner, agent of such landowner or tenant with the permission of such landowner, who undertakes a development.

DEVELOPMENT

Any change to real estate, including but not limited to the erection, construction or placement of a structure or building, utilities, streets, parking and loading areas or other paved filling, grading, excavation, mining, drilling or dredging operations, or the placement of mobile homes.

DUPLEX

(See "dwelling, two family.")

DWELLING UNIT

Any building or portion thereof constituting a separate, independent housekeeping establishment for one or more persons, and containing independent cooking, sanitary and sleeping facilities. It shall not be deemed to include hotels, boardinghouses or rooming houses, institutional facilities and residence clubs.

(1)

SINGLE-FAMILY DWELLINGA detached residential dwelling unit, other than a mobile home, occupied by only one family.

(2)

TWO-FAMILY DWELLINGA detached building occupied by only two families, independent of each other, with the two units either attached side by side or one above the other.

(3)

MULTIFAMILY DWELLINGA residential structure containing three or more separate dwelling units, including townhouses, garden dwellings, multiplexes, multistory/multifamily and similar multiple dwelling structures.

DWELLING UNIT DENSITY

The number of dwelling units allowed per acre of lot area.

EATING AND DRINKING ESTABLISHMENT

A place for the sale and consumption of food and/or beverages to the general public, which includes restaurants, bars, taverns, and similar establishments.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, and duly appointed as the Engineer for Stowe Township.

ESSENTIAL SERVICES

Underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their required buildings, owned and operated by a public utility (licensed by the Pennsylvania Public Utility Commission) or municipal or other governmental agency. Essential services do not include public or private incinerators, landfills or similar waste disposal facilities.

EXISTING USE OR STRUCTURE

A use or structure in existence as of the effective date of this chapter.

FAMILY

One or more persons occupying a dwelling unit and maintaining a single housekeeping unit.

FAMILY BOARDING HOME

A facility, located in a residential area, where the resident household provides room, board and specialized services to eight or fewer unrelated persons. These individuals may be children, handicapped, elderly, or otherwise in need of specialized supervision and care. This category of facility requires licensing, certification or supervision by the Pennsylvania Department of Human Services.

FAST-FOOD RESTAURANT

A restaurant where the retail sale of prepared or premeasured food items are ordered by the customer at a window, counter or vehicle rather than from a table and which is designed to facilitate quick service and take-out orders.

FENCE

Any structure constructed of wood, metal, wire, mesh, fabricated materials, stone or masonry erected for the purpose of screening one property from another to assure privacy, protection or confinement of the property. The term "fence" shall include screening walls and hedges exceeding 30 inches in height.

FLOOD FRINGE AREA

The flood fringe area of the Floodplain District shall be that area of the 100-year floodplain not included in the floodway area. The basis for the outermost boundary of this area shall be the 100-year flood elevations contained in the flood profiles of the Flood Insurance Study and as shown on the Flood Boundary and Floodway Map.

FLOODPLAIN

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; and/or an area subject to unusual and rapid accumulation or runoff of surface waters. The boundaries of the 100- and 500-year floodplains are delineated by the Township Flood Insurance Study.

FLOODPLAIN DISTRICT

All areas subject to the inundation by waters of the 100-year flood. The basis for delineation of this district shall be the same as designated in the documentation of the Flood Insurance Study, dated October 4, 1995, the Flood Insurance Rate Map, and the Flood Boundary and Floodway Map for the Township of Stowe, as prepared by the Federal Emergency Management Agency.

FLOODWAY

The channel of a river, stream or other watercourse capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. The boundaries of the floodway are delineated on the Flood Insurance Study and Flood Boundary Maps.

FORESTRY

The management of forest and timberland when practiced in accordance with sound forest management practices through developing, cultivating, harvesting, transporting and selling trees for commercial purposes which does not involve any existing, proposed or future land development. In accordance with the Municipalities Planning Code § 603(f),[2] forestry is a permitted use in all zoning districts forestry might be possible.

FRONT YARD

(See "yard, front.")

FUNERAL HOME

A building used for the embalming of the deceased for burial, but not including cremation, and for the display of the deceased and ceremonies connected therewith before burial or cremation.

[Added 12-8-2015 by Ord. No. 989]

GARAGE

A fully enclosed building for the storage of motor vehicles, not including buildings in which fuel is sold or repair or other service is performed.

GARDEN DWELLING

A multifamily structure, usually not exceeding three stories in height, sometimes designated around courts or common open areas, frequently having private balconies or patios.

GASOLINE SERVICE STATION

A building and premises where petroleum products, batteries, tires and automobile accessories may be supplied and sold at retail, and where services may be rendered in connection with these products, including inspection, greasing, hand-washing, polishing, servicing, and adjustment of vehicles, providing no major repair work is done.

GRADE

A reference plane representing the average of finished ground level adjoining the building at all exterior walls; the reference plane shall be established by the lowest points within the area between the building and lot line or, when the lot line is more than six feet from the building, between the building and a point six feet from the building.

GROSS FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. For the purposes of determining permissible size and off-street parking and loading requirements, floor area shall include floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets; any basement floor area devoted to retailing activities; and floor area devoted to the production or processing of goods or to business or professional offices. For this purpose, floor area shall not include space devoted primarily to storage purposes (except as noted above), off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor areas other than areas devoted to retailing activities, the production or processing of goods, or business or professional offices.

GROSS LEASABLE AREA (GLA)

Total floor area designed for the exclusive use and occupancy of building occupants, including basements, mezzanines and upper floors, but not including public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or mall areas, whether open or enclosed. GLA shall be measured from the center line of joint partitions and from the outside wall faces. It is the area upon which tenants pay rent, including sales areas and integral stock areas.

GROUP RESIDENCE

A facility located in a residential area, which provides room, board and specialized services to six or fewer unrelated persons, such as children (under 18 years), handicapped or elderly (over 60 years) individuals. The individuals must be living together as a single housekeeping unit with one or more adults providing qualified, twenty-four-hour supervision. The group residence may be operated by a governmental agent, certified agent or nonprofit corporation. This category shall not include facilities operated by or under the jurisdiction of any government bureau of corrections or similar institution.

HEIGHT, MAXIMUM

The vertical distance measured from the average elevation of the proposed finished grades immediately adjacent to the front of the building to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures required to operate and maintain the building on which they are located, flagpoles, television aerials, water towers and tanks, steeples, bell towers, broadcasting and electrical transmission towers and similar projections shall not be included in calculating maximum height.

HOME OCCUPATION

An occupation conducted in a dwelling unit solely by members of the family residing on the premises, provided such occupation shall be clearly incidental and subordinate to the unit's residential purpose and shall be conducted entirely within the principal residential structure.

HOSPITAL

A duly licensed institution providing acute medical or surgical care and treatment for the sick and injured.

HOTEL/MOTEL

A building or group of buildings containing rooms which provide sleeping accommodations for transient guests on a daily or weekly basis. The term shall include motor hotel, motor inn, motor lodge, tourist court, inn and similar uses.

IMPERVIOUS SURFACE

A surface which resists the entrance or passing through of water and other liquids.

INDUSTRIAL

(See "manufacturing.")

INSTITUTIONAL FACILITY

A facility providing room and board for more than six persons who are residents by virtue of requiring specialized care and supervision relating to health, social and/or rehabilitative services. The facility shall be staffed on a twenty-four-hour basis by qualified personnel and operated by a governmental agency, or agent thereof, or social service corporation in accordance with commonwealth and Allegheny County laws and regulations. This category shall not include facilities operated by or under the jurisdiction of any government bureau of corrections or similar agency. The facility shall be appropriately staffed on a twenty-four-hour basis as normally prescribed by county or commonwealth regulations. This facility shall not include business or professional offices, business activities, fraternal or social clubs, hospitals, nursing homes, rooming or boarding homes.

INTERMODAL RAIL FACILITY

Land and/or buildings for the transloading of freight from one mode of transportation to another, including, but not limited to, all activities and accessory uses relating to rail transportation, container storage, and railcar maintenance work. The site for an intermodal rail facility shall consist of at least 10 acres.

[Added 1-13-2015 by Ord. No. 975]

JUNKYARD

(See "salvage yard.")

LAND DEVELOPMENT

Any of the following:

(1)

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a)

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; or

(b)

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.

(2)

A subdivision of land. (See "subdivision.")

(3)

Land development shall not include:

(a)

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;

(b)

The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or

(c)

The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For 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.

LANDOWNER

The legal or beneficial owner of land, including the holder of an option or contract to purchase (whether or not such an option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land, shall be deemed to be a landowner.

LOADING SPACE, OFF-STREET

Space conveniently located, accessible and properly designed for the temporary use by vehicles making bulk pickups or deliveries of merchandise or materials.

LOT

Any parcel or tract of land on which a main building and any accessory buildings are placed, together with the required open spaces. Such lot shall front on an improved public street or on an approved private way. In case of subdivision or combination of lots, no lot shall be created which does not meet the requirements of this chapter.

LOT AREA

The area contained within the property lines of the lot as in existence or as shown on a plan, excluding any portion of a lot included in the street and utility rights-of-way and any other easement similarly restricting the owner's right of use.

LOT AREA PER DWELLING UNIT

The quotient obtained by dividing the total lot area by the total number of dwelling units to be located on such lot.

LOT COVERAGE

LOT DEPTH

The distance between the midpoints of the front lot line and the rear lot line.

LOT LINE, FRONT

A street right-of-way line forming the boundary of a lot.

LOT LINE, REAR

The lot line that is most distant from, and is, or is most nearly, parallel to the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot lines shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front line. If a zoning lot has two or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard.

LOT LINE, SIDE

A lot line which is neither a front lot line nor a rear lot line.

LOT OF RECORD

A lot which is part of a subdivision recorded in the office of the Recorder of Deeds of Allegheny County or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT WIDTH

The distance between the side lot lines, measured at right angles to the lot depth at the established front building line.

LOT, CORNER

A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.

LOT, INTERIOR

A lot other than a corner lot with frontage on only one street.

LOT, THROUGH

A lot with the frontage on two parallel, or approximately parallel, streets, and which is not a corner lot; may also be referred to as a "double frontage lot."

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 mobile homes, park trailers, travel trailers and similar vehicles placed on a site for more than 90 consecutive days.

MANUFACTURED HOME LOT

A parcel of land in a manufactured home park, improved with the necessary utilities connections and other appurtenances necessary for the erection thereon of a single manufactured home, which is sold or leased by the park owner to the occupants of the manufactured home erected on the lot.

MANUFACTURED HOME PARK

A parcel (or contiguous parcels) of land which has been planned for the placement of two or more manufactured homes.

MANUFACTURING

Business engaged in the mechanical or chemical transformation of materials or substances into new products or engaged in assembling component parts of manufactured products if the new product is neither a structure nor other fixed improvement.

MEDICAL FACILITY, CENTER OR CLINIC

A facility for the examination and treatment of ill and afflicted human outpatients, including doctor and dental offices and clinics, provided that patients are not kept overnight except under emergency conditions.

METHADONE CLINIC

A facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance and detoxification of persons.

MIXED USE OR OCCUPANCY

The conduct or carrying on of two or more uses of one building.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly 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, and constructed so that it may be used with or without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utilities connections and other appurtenances necessary for the erections thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile homes 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.

MODULAR UNIT

A unit transported on a removable or nonremovable frame, in which some or all of the component parts are fabricated, formed or assembled off site in a factory, transported to the site for assembly and installed on the building site. The term includes "module," "prefab," "factory-built," "panel-built," and similar terms. The completed unit shall comply with the building code standards for conventionally constructed units; the modular unit is considered real property.

MULTISTORY BUILDING

A structure of over three stories, but not exceeding the height limitation for the district in which it is located, with an elevator as well as stairs to all levels. All units are accessible through an entrance hall shared with other dwelling units. This term shall also include the terms "low-rise, mid-rise or high-rise apartments."

MUNICIPALITIES PLANNING CODE (PLANNING CODE or MPC)

The Pennsylvania Municipalities Planning Code, Act 247 of 1968 (P.L. 805, as amended, 53 P.S. § 10101 et seq.).

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is already secondary to the use as a residential dwelling and which involves no customer, client or patient traffic (whether vehicular or pedestrian), nor pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.

NURSING OR CONVALESCENT HOME

An institution for the care of children or the aged or infirm who are residents by virtue of requiring specialized care and supervision relating to health, social and/or rehabilitative services. The facility shall be licensed or certified in accordance with state and county laws and regulations. The term shall not include facilities or acute care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.

OCCUPANCY PERMIT

A permit issued by the Zoning Officer before the occupancy of any new or remodeled building, use of land, or change of use, which certifies that all the requirements of this chapter and other applicable ordinances have been met.

OPEN SPACE

Land set aside and used for recreation, agriculture or resource protection or a buffer area which is freely accessible to all residents of a development, although restrictions may apply to agricultural areas. Open space does not include land occupied by nonrecreational buildings, roads and required parking areas or yards of dwelling units required by this chapter. Open space is normally left in a natural state, except if safety precludes this, and also with the exception of recreation areas which may be surfaced.

PADEP

The Pennsylvania Department of Environmental Protection.

PADOT

The Pennsylvania Department of Transportation.

PARKING LOT

Any lot, parcel or yard used regularly in whole or part for the storage or parking of more than two vehicles, where such usage is not incidental to or in conjunction with a one- or two-family house.

PARKING SPACE

An off-street space available for parking of a motor vehicle and which has a hard, all-weather surface and is at least an area nine feet wide by 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

PERIMETER

The outer boundary of a development site or area.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

PERSONAL CARE HOME

A residential facility, operated for profits or otherwise, providing food, shelter and personal assistance or supervision for adults who require assistance or supervision in daily routine activities such as bathing, dressing, diet or the taking of medication prescribed for self-administration.

PERSONAL SERVICES

Establishments providing services generally involving the care of the person or his/her apparel such as laundries, dry-cleaning shops (excluding dry-cleaning plants), barber/beauty shops, photographic studios, shoe repair and similar services. For the purpose of this chapter, funeral homes/mortuaries and vehicular repair services are excluded from this category.

PLANNING COMMISSION

The Stowe Township Planning Commission.

PORCH

An open-roofed or enclosed exterior appendage to a main or accessory structure, projecting from the front, side or rear walls of the structure. For purposes of this chapter, porches shall include structures and home additions commonly referred to as "patios," "sun rooms," "sun porches," "decks" and similar structures or construction. Stoops or slabs which extend beyond the front, side or rear walls of a main structure a distance of more than four feet and/or exceed the length of six feet along said front, side or rear walls are deemed to be "porches" by definition. Permanent or temporary awnings which extend beyond five feet from the front, side or rear walls of the main structure, or which are partially or wholly supported by posts, poles, spires or similar construction or structures set beyond the walls of the main structure, are deemed to be "porches" by definition.

PRINCIPAL BUILDING

A building or buildings in which is conducted the main or principal use of the lot on which the building is situated.

PRINCIPAL USE

The main use of land or structures as distinguished from a subordinate or accessory use.

PRIVATE

Of or pertaining to any building, structure, use or activity limited to members of an organization or to other persons specifically invited or permitted where no advertisement or inducement has been made to the general public.

PUBLIC

Of or pertaining to any building, structure, use or activity belonging to, or affecting, any duly authorized government body.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Township Commissioners or Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.[3]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notices shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days or less than seven days from the date of the hearing.

PUBLIC SERVICE FACILITY

Land or a building or structure and its equipment erected and used for the purpose of facilitating service to the public by a governmental agency or publicly franchised or regulated corporation.

RECREATIONAL FACILITY, PUBLIC OR PRIVATE

Land or buildings for the pursuit of sports and similar leisure-time activities, such as parks, swimming pools, tennis courts or ball fields, which are operated by governmental or nonprofit organization. Excluded are any amusement establishments or other recreational facilities of a commercial nature. (See "commercial recreation.")

RECREATIONAL VEHICLE

A single- or multiple-axle, non-self-propelled or self-propelled structure mounted on wheels or otherwise capable of being made mobile for the purpose of travel, recreational and vacation use, including, but not limited to, travel trailers, motor homes, tent trailers, boats and boat trailers, horse trailers, or campers.

RESEARCH/DEVELOPMENT FACILITY

A use devoted to research, design, laboratory work and/or experimentation and any processing and fabrication incidental thereto, provided no materials or finished products shall be manufactured, processed or fabricated on the premises for sale except such as are incidental to said laboratory research, design and/or experimentation conducted on said premises.

RESIDENTIAL USE

Those activities customarily conducted in living quarters in an urban setting, but excluding such activities as the keeping of livestock or fowl; activities resulting in noise which constitutes a nuisance in a residential area; and activities which involve the storage, visible from off the lot, of motor vehicle parts, machinery or parts, junk or scrap materials.

RETAIL BUSINESS

Commercial establishments engaged in selling merchandise directly to customers for personal or household consumption and rendering services incidental to the sale of goods.

(1)

CONVENIENCE RETAILEstablishments selling merchandise for daily consumption and purchase, such as food, drugs, and similar items. For purposes of this chapter, eating and drinking establishments are excluded from this category.

RIGHT-OF-WAY

Land reserved for use as a street, alley, interior walk, or other public purpose and dedicated for public use; all must be recorded in the County Recorder of Deeds office. For purposes of this chapter, public right-of-way lines shall prevail over private parcel lines that are designated as falling within the public thoroughfare or alley; all applicable lot area and front, side and rear lot requirements shall be computed from the public right-of-way.

ROOMING HOUSE or BOARDINGHOUSE

A residential building other than a hotel in which part or parts are kept, used, or held out to be a place where sleeping accommodations are offered for hire for three or more persons.

SALVAGE YARD or JUNKYARD

Any area where scrap metal, paper, rags, tires and other waste and/or used materials are bought, sold, exchanged, stored, bailed, packaged, disassembled or handled; or where inoperable machinery or motor vehicles are collected, dismantled, stored or sold for parts. Any use conducted entirely within an enclosed building is not a salvage yard.

SCHOOL

A place of instruction operated by a public or religious organization, having regular sessions, with regularly employed instructors and meeting all the requirements of the Pennsylvania Department of Education for providing primary, secondary, vocational or post-secondary education. This definition shall not include privately operated, for-profit schools of trade, vocation, avocation or business.

SERVICE BUSINESS

(1)

Commercial establishments providing a wide variety of services for individuals, business and government establishments and other organizations.

(2)

In determining the applicability of any specific use to this definition, the Township shall be guided by the groupings utilized in the federal Standard Industrial Classification Manual (most current edition).

SHOPPING CENTER

A group of more than three commercial businesses developed as a single entity and sharing a common parking lot.

SIGN

A structure that is arranged, intended, designed or used to advertise, announce or direct; or any device, illustration, description or identification posted, painted, or placed in some fashion on a building, structure or any surface for such a purpose. For the purpose of removal, "signs" shall also include all sign structures.

(1)

AWNING, CANOPY SIGNA sign consisting of individual, cut-out letters and/or symbols which are painted, stenciled, or otherwise placed on a nonpermanent awning or canopy.

(2)

FLASHING/ANIMATED SIGNAny illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times.

(3)

FREESTANDING SIGNA sign erected on a freestanding frame, mast or poles and not attached to any building. Also known as a "ground sign" or "detached sign."

(4)

IDENTIFICATION SIGNA sign indicating only the name of the individual or organization occupying the premises, the profession of the occupant, or the name and/or address of the building or management thereof.

(5)

MARQUEE SIGNA sign placed on or under the edge of any canopy of permanent construction projecting from the wall of a building.

(6)

OFF-LOT DIRECTIONAL SIGNA sign which conveys instructions or directions with respect to the use of the lot or building on which the sign is located, including but not limited to signs which indicate street addresses and the availability of parking, telephones, restrooms and other conveniences for the general public.

(7)

OUTDOOR ADVERTISING SIGN(See "billboard.")

(8)

PROJECTING SIGNAny sign supported by a building wall and/or roof attached along one edge by a bracket perpendicular to the wall surface or hung from a support attached to a building wall, projecting no more than six feet.

(9)

WALL SIGNA sign attached to or erected against a wall of a building with the face horizontally parallel to the building wall.

(10)

WINDOW GRAPHIC SIGNA sign which is painted permanently on or similarly applied to the inside or outside of a window.

SIGN AREA

The area defined by the frame or edge of a sign. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the copy or letters of the said sign.

SIGN, TEMPORARY

A sign which offers the premises for sale, rent or development or advertises the services of professionals or building trades during sale, construction or alteration of the premises upon which the sign is located.

SITE PLAN

A plan of a proposed development or use on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Township or prescribed by this chapter.

SLOPE

The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are expressed in a percentage based upon vertical distance in feet per 100 feet of horizontal distance.

SPECIAL EXCEPTION

Approval for a particular use, granted by the Zoning Hearing Board, according to the provisions contained in this chapter.

STEPS

A construction or series of constructions placed for a foot support to effectuate the ascending or descending of a person or persons from one level of elevation to another.

STORAGE SHED

A small accessory structure, either wholly or partially enclosed, serving for storage of tools, equipment, supplies or other similar materials for safekeeping.

STORY

A story is that part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A "split level story" shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story, and, if less than two feet below the top plate, it shall be counted as a half-story. A basement shall be counted as a story if it averages more than five feet above finished grade.

STREET

Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or other way, whether public or private, used or intended to be used by vehicular or pedestrian traffic.

STREET GRADE

The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.

STREET LINE

The line defining the edge of the legal width of a dedicated street right-of-way.

STREET TYPE

Streets may be classified according to the following:

(1)

STREET, ARTERIALStreets designed to carry high volumes of traffic from one area of the community to another or to link one community with another.

(2)

STREET, COLLECTORStreets designed to collect traffic from local streets and then to convey it to the major arterials.

(3)

STREET, LOCALStreets designed to serve only the traffic needs of and provide access to a limited area or neighborhood.

STRUCTURE

Any assembled, erected or constructed object having a stationary location on or in land or water, whether or not it is affixed to the land. This includes, but is not limited to, gazebos, storage sheds or containers, freestanding posts, pillars and similar uses.

SUBDIVISION

The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer or ownership, or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new structure or easement of access, shall be exempted.

SWIMMING POOL

A body of water in an artificial or semiartificial receptacle or other container, whether located in or out of doors, used as a recreational facility for swimming, bathing or wading and having a depth of over 24 inches. A swimming pool shall be deemed to include all building, equipment and appurtenances incidental to such a pool.

TAVERN

A business selling food and alcoholic beverages for consumption on the premises and duly licensed by the Commonwealth of Pennsylvania.

TELECOMMUNICATION FACILITIES

Any structure, whether freestanding or attached to a building, designed to support multiple communications antennas, including monopole, self-supporting and guyed towers and one or more of the following mounts for antennas: rotatable platform, fixed platform, multipoint or side-arm mounts and pipe mounts for microwave dish antennas.

TEMPORARY STRUCTURE OR USE

Any structure or use which, by the type of materials, construction or intended purpose, is erected or located for not more than one year. Included are tents, stands, construction trailers and other structures or uses of similar character.

THEATER

An establishment, other than an adult movie theater or movie house, inside a completely enclosed building devoted to showing motion pictures and/or live dramatic or musical performances.

[Added 12-8-2015 by Ord. No. 989]

TOWNHOUSE DWELLINGS

An attached, single-family dwelling consisting of a structure with a series of three to six attached dwelling units separated from one another by continuous vertical walls without an opening from basement to roof.

TOWNSHIP

Township of Stowe.

TRAILER

A vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes having a body width not exceeding eight feet.

USE

The specific purpose 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 its equivalent shall not be deemed to include any nonconforming use.

VARIANCE

A waiver from the terms of this chapter, granted by the Zoning Hearing Board in cases where a literal enforcement of provisions of this chapter will result in unnecessary hardship due to special conditions that are not self-imposed and are determined not to be contrary to the public interest and the spirit and intent of this chapter.

VETERINARIAN OFFICE

An establishment owned and operated by a veterinary medical doctor(s), certified in the Commonwealth of Pennsylvania, for the medical or surgical treatment of domestic, agricultural or zoological animals, but excluding the boarding of animals not subjected to medical or surgical treatment.

[Added 12-8-2015 by Ord. No. 989]

VIDEO GAME OR AMUSEMENT ARCADE

A business, or portion thereof, having on its premises for use by the public more than five video or electromechanical devices operated by inserting a coin or token.

WAREHOUSE

A building where wares or goods are stored before distribution to retailers or are kept in reserve or bond.

WHOLESALE BUSINESS

Commercial establishments primarily engaged in selling merchandise to retailers; to industrial, commercial, instructional, farm or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.

YARD

An open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. (See illustrations.)

(1)

YARD, FRONTA yard extending along the full length of a front lot line and back to the required building line.

(2)

YARD, REARThe required open space extending from the rear of the main building to the real lot line (not necessarily a street line) across the entire width of the lot.

(3)

YARD, SIDEThe required open space between the side (face) of any building and the side lot line, extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed as a "side line."

ZONING HEARING BOARD

The Zoning Hearing Board of Stowe Township.

ZONING OFFICER

The duly constituted official designated to administer and enforce this chapter.

ZONING PERMIT

A permit issued by the Zoning Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements of this chapter for the zoning district in which it is located or is to be located.

[1]

Editor's Note: See 55 Pa. Code Chapters 3270, 3290 and 3280, respectively.

[2]

Editor's Note: See 53 P.S. § 10603(f).

[3]

Editor's Note: See now 65 Pa.C.S.A. § 701 et seq.

Notwithstanding any definition or any other provision of this chapter, no definition or other provision of this chapter shall be construed, applied or interpreted in a fashion which violates the Federal Fair Housing Act, as amended and as interpreted by any court of competent and binding jurisdiction.[4]

[4]

Editor's Note: See 42 U.S.C. § 3601 et seq.