[Ord. No. 2-1995, § 201, 4/11/1995]
The following words are defined in order to facilitate the interpretation
of this chapter for administrative purposes and in the carrying out
of duties by appropriate officers and by the Zoning Hearing Board.
[Ord. No. 2-1995, § 202, 4/11/1995]
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning herein indicated.
Words used in the present tense include the future tense. The singular
includes the plural. The word "person" includes any individual or
group of individuals, a corporation, partnership or any other similar
entity. The word "lot" includes the words "plot" or "parcel." The
term "shall" is always mandatory. The word "used" or "occupied," as
applied to any land or building, shall be construed to include the
words "intended, arranged or designed to be used or occupied."
[Ord. No. 2-1995, § 203, 4/11/1995; Ord. No. 2-1998, § 1, 4/28/1998; Ord. No. 3-1998, §§ 1, 2, 10/27/1998; Ord. No. 3-2005, § 10, 8/16/2005; Ord. No. 2-2007, §§ 1, 2, 5/22/2007; Ord. No. 2-2012, § 2, 4/25/2012]
The relinquishment of property or a cessation of the use
of the property by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
A building subordinate to and detached from the main building
on the same lot and use for purposes customarily incidental to the
main building.
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
A use incidental to, and on the same lot as, a principal
use. A structure or use that:
Is clearly incidental to and customarily found in connection
with a principal building or use;
Is subordinate to and serves a principal building or a principal
use;
Is subordinate in area, extent or purpose to the principal building
or principal use served;
Contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or principal use served;
and
Is located on the same lot as the principal building or use
served.
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas," (as defined below) or an establishment within a
segment or section devoted to the sale or display of such material.
A club, restaurant, bar, tavern, theater, hall or similar
establishment which features male and/or female entertainers whose
performance includes "specified sexual activities" (as defined below)
and/or reveals or displays "specified anatomical areas" (as defined
below).
An area open to the air and not enclosed within any building
used for presenting material distinguished or characterized by an
emphasis on material depicting, describing or related to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein, which patrons observe such material
from a location within automobiles or other motor vehicles, seated
in autos or on outdoor seats.
An enclosed building with a capacity for less than 50 persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein.
An enclosed building with a capacity for greater than 50
persons used at any time for presenting material distinguished or
characterized by an emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas" (as
defined below) for observation by patrons therein.
An area neither enclosed nor open to the sky (e.g., a pavilion,
tent, etc.) where material presented is distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
[Added by Ord. No. 5-2020, 4/14/2020]
Establishments primarily engaged in supplying soil preparation
services, crop services, landscaping, horticultural services, veterinary
and other animal services and farm labor and management services.
The tilling of soil, the raising of crops, horticulture and
gardening.
An enterprise at a working farm or agricultural operation
conducted for the enjoyment of visitors that generates income for
the owner. Agricultural tourism refers to the act of visiting a working
farm or any horticultural or agricultural operation for the purpose
of enjoyment, education, or active involvement in the activities of
the farm or operation that also adds to the economic viability of
the site.
[Added by Ord. No. 5-2020, 4/14/2020]
The right to use space above ground level.
A public thoroughfare other than a minor street which affords
only a secondary means of access to abutting property and not intended
for general traffic circulation.
As applied to a building or structure, any change or rearrangement
in the structural parts or in the existing facilities or an enlargement,
whether by extending on a side or by increasing in height or the moving
from one location or position to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
A change in use in any district which includes revision to
the zoning text and/or the Official Zoning Map; and the authority
for any amendment lies solely with the Board of Supervisors.
Providing necessary support to the primary activities or
operation of an organization, institution, industry or system.
[Added by Ord. No. 4-2020, 7/28/2020]
A building used for the treatment, housing or boarding of
small domestic animals such as dogs, cats, rabbits and birds or fowl
by a veterinarian.
Any system of wires, poles, rods, reflecting discs or similar
devices used for the transmission or reception of electromagnetic
waves which is external to or attached to the exterior of any building.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as satellite earth stations,
TVROs and satellite microwave antennas.
A dwelling unit within a multifamily dwelling. This classification
includes apartments in apartment houses, bachelor apartments, studio
apartments and kitchenette apartments. Conversion apartments are not
included in this classification.
An independent dwelling unit, incorporated within an existing
single-family detached dwelling without any substantial external modification,
established for the purpose of providing an independent living unit
for a person or persons related by marriage or blood relative.
A two story multifamily dwelling containing one story dwelling
units.
A landowner or developer who has filed an application for
development including his heirs, successors and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The area contained within the property lines of a lot or
as shown on a subdivision plan excluding space within any street but
including the area of any easement.
Any structure or any building or part thereof that is used
for the repair or painting of bodies, chassis, wheels, fenders, bumpers
and/or accessories of automobiles and other vehicles of conveyance.
A self-propelled, free-moving vehicle primarily for conveyance
on a street or roadway to include vans, passenger cars, station wagons
and pickup trucks but excluding tractor cabs, trailers, dump trucks
and excavating vehicles and equipment.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing or supplying of gasoline
or oil to automobiles, trucks or similar motor vehicles.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel or accessories for motor vehicles and which may include
facilities used for polishing, greasing, washing, dry cleaning or
otherwise cleaning or servicing such motor vehicles. This classification
does not include storage of motor vehicles.
A building on a lot designed and used primarily for the washing
and polishing of automobiles and which may provide accessory services
set forth herein for automobile service stations.
The dismantling or wrecking of used motor vehicles or trailers
or the storage, sale or dumping of dismantled or wrecked vehicles
or their parts. The presence on any lot or parcel of land of two or
more motor vehicles which, for a period exceeding 30 days, have not
been capable of operating under their own power and from which parts
have been or are to be removed for reuse or sale shall constitute
prima facie evidence of an automobile wrecking yard.
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the "one-hundred-year flood").
The elevation shown on the flood insurance rate map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
An off-premise sign which directs attention to a product,
service, business, or cause.
An area bounded by streets.
Any body granted jurisdiction under a land use ordinance
to render final adjudications.
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for compensation, with or without
meals.
A landscaped area intended to separate and partially obstruct
the view of two adjacent land uses or properties from one another.
A strip of land identified on a site plan or by a zoning ordinance,
established to protect one type of land use from another land use
that is incompatible. Normally, the area is landscaped and kept in
open space use.
A combination of materials to form a permanent structure
having walls and a roof and intended for the shelter, housing or enclosure
of persons, animals or property including covered porches or bay windows
and chimneys. Included shall be all manufactured homes and trailers
to be used for human habitation.
A line parallel to the front, side or rear lot line so as
to provide the required yards.
Written permission by the proper Township official for the
construction, repair, alteration or addition to a structure.
The line within a property defining the required minimum
distance permitted between any structure and the adjacent street right-of-way.
A building surrounded by open space on the same lot.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building the size, dimensions or location of which was
lawful prior to the adoption, revision or amendment to a zoning ordinance
but which fails by reason of such adoption, revision or amendment
to conform to the present requirements of the zoning district in which
it is located.
A sign that is incorporated into an awning or canopy that
is attached to the building.
A covered space, open on at least three sides, for the storage
of one or more vehicles and accessory to a main or accessory building.
That portion of a street or alley which is improved, designed
or intended for vehicular use.
A story partly underground and having more than one-half
of its clear height below the average level of the adjoining ground.
A cellar shall not be considered in determining the maximum number
of stories.
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the street center lines.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive areas.
An occupation, employment or enterprise that is carried on
for profit by the owner, lessee or licensee.
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 the use or enjoyment of residents of a development not including
streets, off-street parking areas and areas set aside for public facilities.
Common open space shall be substantially free of structures but may
contain such improvements as are in the development plan as finally
approved and as are appropriate for the recreation of residents.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
An official document adopted by the Board of Supervisors
setting forth its policies regarding the long-term development of
the Township; the preparation of which is based on careful studies
of existing conditions and prospect for future growth of the Township.
The plan shall include but need not be limited to plans for the use
of land, transportation of goods and people, community facilities
and services and a map and statement indicating the relationship of
the Township and its proposed development to adjacent municipalities.
A use that, owing to some special characteristics attendant
to its operation or installation (for example, potential danger, smoke
or noise), is permitted in a district subject to approval by the Board
of Supervisors and subject to special requirements different from
those usual requirements for the district in which the conditional
use may be located.
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.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building structure including
the placement of manufactured/mobile homes.
A drug, substance or immediate precursor as defined in Schedules
1 through five of the Pennsylvania Controlled Substance, Drug Device
and Cosmetic Act, 35 P.S. § 780.104, or any amendments thereto.
A small-scale, decentralized manufacturing or service business
which is often operated out of a home or accessory building rather
than a purpose-built facility. A cottage industry is one which does
not create a large amount of vehicular traffic, noise or other nuisances
and is generally compatible with residential living.
[Added by Ord. No. 4-2020, 7/28/2020]
A conditional use provision for single-family detached residential
development having lots containing a minimum of five acres. The purpose
of this development option is to maintain the rural/agrarian character
of the Township by permitting low density single-family development
with reduced lot widths at the street right-of-way lines and thereby
reducing the amount of street construction normally associated with
standard residential development otherwise required by the district
in which located.
An unoccupied open space, other than a yard, on the same
lot with a building which is bounded on two or more sides by the walls
of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable and
that the court does not extend to a street, alley, yard or other outer
court.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable with one side or
end open to a street, driveway, alley or yard.
That portion or percentage of the lot area covered by building
area and impervious material. For purposes of this chapter "building
coverage" and "impervious coverage" shall have the following meanings:
BUILDING COVERAGEThat portion or percentage of the lot area covered by all principal and accessory buildings.
IMPERVIOUS SURFACE (IMPERVIOUS AREA, IMPERVIOUS COVERAGE)A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but are not limited to: roofs, additional indoor living spaces, garages, storage sheds and similar structures, and any new streets and sidewalks. Decks, parking area, and driveway areas are not counted as impervious areas if they do not prevent infiltration. Any surface area proposed to initially be gravel or crushed stone shall be assumed to be impervious, unless designed as an infiltration best management practice (BMP).
[Amended by Ord. No. 1-2018, 2/27/2018]
A right-of-way, publicly or privately owned, intended for
[to] furnish access for pedestrians.
Cathode ray tube.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
The officially established grade of the top of the curb in
front of the midpoint of the lot.
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
also, the material removed in excavation.
A commercial establishment for the manufacture or processing
of dairy products.
A facility in a nonresidential setting offering baby sitting
services and child care services being licensed and approved by the
Pennsylvania Department of Welfare.
A residence offering baby-sitting services and child care
services being licensed and approved by the Pennsylvania Department
of Welfare.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Township
lies.
The number of dwelling units per acre of land.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder
except the following:
The Board of Supervisors.
The Zoning Hearing Board.
The Planning Commission only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance [Chapter 22] or planned residential development ordinances. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner or tenant with permission
of such landowner who makes or causes to be made a subdivision of
land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The provisions for development including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A district includes all buildings, lots and surface areas
within certain designated boundaries as indicated on the South Hanover
Township Zoning Map.
A shelter for the breeding and/or boarding of four or more
dogs by a dog kennel owner.
[Amended by Ord. No. 2-2018, 2/27/2018]
A person, partnership, firm, company, or corporation professionally
engaged in the business of sheltering dogs for the purpose of boarding,
breeding, sale, training, hunting, companionship, or other purposes.
[Added by Ord. No. 2-2018, 2/27/2018]
A dwelling unit established as an accessory use subordinate
to the principal dwelling unit on the lot for the purpose of providing
living accommodations for domestic employees (e.g., maid, butler,
cook, etc.) of the residing household. Such accommodations may be
attached or detached from the principal dwelling structure.
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product that may be used or consumed
in a motor vehicle on the premises or to be entertained while remaining
in an automobile. Any portion of a building or structure from which
business is transacted, or is capable of being transacted, directly
with customers located in a motor vehicle during such business transactions.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
Any objects, devises, instruments, apparatus or contrivances
whose primary and traditional use is involved with the illegal use
of any and all controlled substances under the laws of Pennsylvania.
Drug paraphernalia includes, but is not limited to:
Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived.
Kit used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
Isomerization devises used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales and balances used, intended for use, designed for use
in weighing or measuring controlled substances.
Diluents and adulterants such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose used, intended for use or designed for
use in cutting controlled substances.
Separation gins and sifters used, intended for use or designed
for use in removing twigs and seeds from or in otherwise cleaning
or refining marijuana.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
into the human body.
Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Caburetion tubes and devices.
Smoking and carburetion masks.
Roach clips; meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial or other means and for whatever purpose,
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste material of any kind.
A building or structure designed for living quarters for
one or more families including mobile homes which are supported either
by a foundation or by blocks or jacks or are otherwise permanently
attached to the land but not including hotels, rooming houses or other
accommodations used for transient occupancy.
A group of two or more single-family, two-family or multifamily
dwellings occupying a lot in one ownership.
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
Any structure designed primarily for residential occupancy
except a manufactured/mobile home 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
in such a manner that all concealed parts or processes of manufacture
cannot be inspected at the site without disassembly, damage or destruction.
A transportable, single-family detached dwelling intended
for permanent occupancy, office or place of assembly contained in
one or in two 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. For floodplain management purposes this definition
includes park trailers, travel trailers and other similar vehicles
located on site for greater than 180 consecutive days.
A building used by three or more families living independently
of each other and doing their own cooking, including apartment houses.
A dwelling used for one family and having two party walls
in common with other buildings (such as row house or townhouse).
A building used by one family having only one dwelling unit
and having two side yards.
A dwelling used by one family, having one side yard, one
party wall common with another building.
A building used by two families with one dwelling unit arranged
over the other and having two side yards.
A sign incorporating LCD, LED, plasma, CRT, pixelized lights,
other video-like displays or other means of changing messages.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation or another person
or entity.
A multifamily development devoted entirely for the provision
of housing for senior citizens 55 years of age or older.
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 needs of the general public.
Electric public utility transmission and distribution facilities
including substations.
Milton Hershey School and any other Pennsylvania nonprofit
corporation that:
Is exempt from federal income tax under Section 501(c)(3) of
the Internal Revenue Code, as amended;
Is an institution of purely public charity under the Pennsylvania
Institutions of Purely Public Charity Act, Act 55 of 1997 (P.L. 508),
10 P.S. § 375, as amended; and
Operates a private, nonsectarian, residential prekindergarten
through 12th grade school that provides free education, career training,
housing, clothing, meals, health care, and counseling to racially
and ethnically diverse boys and girls who are in financial and social
need, with a primary geographic preference for children from Dauphin,
Lancaster and Lebanon Counties, Pennsylvania, and a secondary geographic
preference for children from other counties in Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania duly appointed as the engineer for the Township.
The engineering specifications of the Township regulating
the installation of any required improvement or for any facility installed
by any owner, subject to public use.
A space which will remain dry during flooding except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A single individual doing his/her own cooking and living
upon the premises as a separate housekeeping unit or a collective
body of persons doing their own cooking and living together upon the
premises as a separate housekeeping unit in a domestic relationship
based upon birth, legal marriage or other domestic bond. This definition
does not include a collective body of persons occupying a hotel, dormitory,
lodge, boarding/rooming house, commune or institution. Domestic servants
employed on the premises may be housed on the premises without being
counted as a family.
Any parcel of land containing 10 or more acres which is used
for gain in the raising of agricultural products, livestock, poultry
and dairy products. It includes necessary farm structures within the
prescribed limits and the storage of equipment used. It excludes the
raising of fur-bearing animals, riding academies, livery or boarding
stables and dog kennels.
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy or to protect
the property so screened or divided or to define and mark the property
line when such structure is erected on or within two feet of any front,
side or rear lot line; for the purpose of this chapter a freestanding
masonry wall when so located is considered to be a fence; also, for
the purpose of this chapter when the term "lot line" is used in relation
to fences it shall be synonymous with "rear yard lot lines," "side
yard lot lines," "front yard lot lines" and the area within two feet
of the same. Fences are not synonymous with "garden structures" which
are defined elsewhere herein.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
A sign that has its longest axis along the same direction
as the roof to which it is attached and does not project beyond the
outside edges of the roof line in any direction.
A sign that is attached to the wall of a building and whose
face runs parallel to the wall to which it is attached and does not
extend beyond the outside of the edges of the wall in any direction.
A market, often outdoors, consisting of a number of individual
stalls, generally selling old or used articles, curios and antiques,
cut-rate merchandise, etc.
[Added by Ord. No. 4-2020, 7/28/2020]
A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
The Official Map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the flood insurance rate map, the flood
boundary and floodway map, and the water surface elevation of the
base 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).
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The lines marking the limits of floodways on official federal,
state and local floodplain maps.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot excluding
cellar and basement floor areas not used as primary living and sleeping
quarters but including the area of roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
All that space relegated to use by the customer and the retail
employee to consummate retail sales and to include display area used
to indicate the variety of goods available for the customer but not
to include office space, storage space and other general administrative
areas.
The aggregate of the horizontal areas of all rooms used for
habitation such as living room, dining room, kitchen, bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathroom, closets nor unheated areas such as enclosed
porches nor rooms without at least one window or skylight opening
onto an outside yard or court. At least one-half of the floor area
of every habitable room shall have a ceiling height of not less than
seven feet and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area. The minimum total window area, measured between
stops, shall be 10% of the habitable floor area of such room.
A measure of intensity of light stated in lumens per square
foot.
A sign that has a separate support structure and is not physically
attached to a building.
An enclosed or covered space for the storage of one or more
vehicles or vessels; provided, that no business, occupation or service
is conducted for profit therein.
A building designed and used for the storage of automotive
vehicles operated as a business enterprise with a service charge or
fee being paid to the owner or operator for the parking or storage
of privately owned vehicles.
A building designed and used for the storage, care, repair
or refinishing of motor vehicles including both minor and major mechanical
overhauling, paint and body work. Any building, premises or land in
which or upon which a business, service or industry involving the
maintenance, servicing, repair or painting of motor vehicles is conducted
or rendered.
See "apartment garden."
Any accessory structure which may be occupied for other than
sleeping or general housekeeping purposes or which serves as a shelter
primarily for human beings except a permitted garage, porch or carport
which is located in any side or rear yard not closer than three feet
to any side or rear lot line; included in this category of structures
are arbors, aviaries, pergolas, trellises, barbecue shelters and freestanding
screens or baffles and similar structures as however called. No such
structure may be located in any required front yard between the building
setback line and the street line. Such structures may be solidly roofed
and walled or open to the sky and on the sides but if solidly roofed
or solidly walled on more than two sides they must be located within
the building line of the lot and may not invade any required yard.
Unscreened, unroofed, unwalled or unfenced patios, birdbaths, ornamental
pools and swimming pools are not considered as garden structures.
Permitted structures may be attached to or be detached from a dwelling.
The cultivation of herbs, fruits, flowers or vegetables excluding
the keeping of livestock.
The Board of Supervisors of South Hanover Township, Dauphin
County, Pennsylvania.
The elevation of the center line of the streets as officially
established by the municipal authorities.
The completed surfaces of lawns, walks and roads brought
to grade as shown on official plans or designs relating thereto.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
The total floor area designed for tenant occupancy and exclusive
use including basements, mezzanines and upper floors, if any, expressed
in square feet and measured from the center line of joint partitions
and from outside wall faces.
The floor of a building nearest the mean grade of the front
of the building.
The use of any lawful dwelling unit which meets all the following
criteria:
Involves the care of no more than the maximum number of persons
permitted consistent with the minimum area requirements of the BOCA
National Property Maintenance Code, 1996 Edition, § PM-405.0,
"Occupancy Limitations," as the same may be amended from time to time,
but, in no event, no more than six persons regardless of the size
and dimensions of the dwelling unit.
Involves persons functioning as a common household.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution, because of physical disability, old age, mental retardation
or other "handicap" as defined by applicable federal law.
Does not meet the definition of "boarding house," "institutional
care facility" or "lodging house."
Does not involve the housing or treatment of persons who could
be reasonably be considered a threat to the physical safety of others.
A dwelling unit established as an accessory use, subordinate
to the principal dwelling unit on the lot for the purpose of accommodating
visitors. Such a unit may be attached or detached from the principal
dwelling structure. A guesthouse shall not be offered for occupancy
for compensation.
[Amended by Ord. No. 5-2021, 5/25/2021]
A facility wherein food, lodging and some supervision or
custodial care is provided to one or more persons who have recently
been released or paroled from a county, state or federal correction
facility.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities or any combination of these
factors which, because of its quantity, concentration or physical,
chemical or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
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The term "hazardous waste" shall not include coal refuse as
defined in the Coal Refuse Disposal Control Act (52 U.S.C. §§ 30.51
— 30.62). The term "hazardous waste" shall not include treatment
sludges from coal mine drainage treatment plants, disposal of which
is being carried on pursuant to and in compliance with a valid permit
issued under the Clean Streams Law (35 P.S. §§ 691.1
through 691.1001). The term "hazardous waste" shall not include solid
or dissolved material in domestic sewage or solid dissolved materials
in irrigation return flows or industrial discharges which are point
sources subject to permits under Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. § 1342) or source, special
nuclear, or by-product material as defined by the Atomic Energy Act
of 1954 (42 U.S.C. §§ 2011 — 2394).
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A chemical component of a waste or chemical compound which
qualifies a waste as hazardous under Pennsylvania Department of Environmental
Resources (PADER) Hazardous Waste Management Regulations (HWMR) 75.261
(relating to criteria, identification and listing of hazardous waste)
or which is listed as a hazardous waste or hazardous compound in 75.261
(relating to criteria, identification and listing of hazardous waste).
A discharge of hazardous waste.
The number assigned by the Environmental Protection Agency
(EPA) or the number provided to the PADER by the EPA for assignment
to each generator, transporter and treatment, storage or disposal
facility handling hazardous waste.
A facility where storage, treatment or disposal of hazardous
waste occurs.
The manifest, instructions supplied with the manifest and
distribution system for copies of the manifest which together identify
the origin, routing, storage or disposal under the following PADER
HWMR Subsections: 75.262(e), 75.263(d), 75.264(j) and 75.265(j) (relating
to generators of hazardous waste, transporters of hazardous waste,
new and existing hazardous waste management facilities applying for
a permit and interim status standards for hazardous waste management
facilities and permit program for new and existing hazardous waste
management facilities).
The number assigned by the PADER to each hazardous waste
listed and to each hazardous waste characteristic identified in HWMR
75.261 (relating to criteria, identification and listing of hazardous
waste).
A written document issued by the PADER under the Act which
authorizes the recipient to undertake the treatment, storage or disposal
of hazardous waste under the act. The term "permit" does not include
interim status or a permit which has not yet been the subject of final
PADER action such as a draft permit or a proposed permit.
A hazardous waste which is unsuitable for:
Placement in a particular device or facility because it may
cause corrosion or decay of containment materials such as container
inner liners or tank walls.
Commingling with another waste or material under uncontrolled
conditions because the commingling might produce heat or pressure,
fire or explosion, violent reaction, toxic dusts, mists, fumes or
gases or flammable fumes or gases.
The contiguous site at or on which one or more hazardous
wastes are generated. An individual generation site, such as a manufacturing
plant, may have one or more sources of hazardous waste but is considered
a single or individual generation site if the site or property is
contiguous.
Any business, the operation of which involves the sale, lease,
trade, gift or display for sale of any and all types of drug paraphernalia.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Any use which can be conducted entirely within a dwelling
or in a building accessory thereto and carried on by the inhabitants
residing therein and no more than one employee; providing, that the
use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, the exterior appearance of the structure or
premises is constructed and maintained as a residential dwelling and
no goods are publicly displayed on the premises other than signs as
provided herein.
An institution providing primary health services and medical
or surgical care to persons, inpatients and outpatients suffering
from illness, disease, injury, deformity and other abnormal physical
or mental conditions including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
A building used as the more or less temporary abiding place
of 16 or more individuals who are, for compensation, lodged, with
or without meals and in which no provision is made for cooking in
any individual room or suite. A hotel may include restaurants, newsstands
and other accessory services primarily for serving its occupants and
only incidentally the public.
A substance which under the regulations of the Pennsylvania
Department of Health is a principal compound commonly used or produced
primarily for use and which is an immediate chemical intermediary
used or likely to be used in the manufacture of a controlled substance.
Any substance placed on a lot which covers the surface in
such fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to be impervious
material: buildings, concrete sidewalks, paved driveways and parking
areas, swimming pools and other nonporous structures or materials.
An approved device in which combustible material, other than
garbage, is burned to ashes.
A planned, coordinated development of a tract of land with
two or more separate industrial buildings. Such development is planned,
designed, constructed and managed on an integrated and coordinated
basis with special attention given to on-site vehicular circulation,
parking, utility needs, building design and orientation and open space.
An industrial park is designed as a coordinated environment for a
variety of industrial and related activities. The project is developed
or controlled by one proprietary interest. It has an enforceable master
plan and/or covenants, conditions and restrictions. The development
may be on one parcel, may be subsidized, may have condominium ownerships
or a combination of these types.
A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials
or a use engaged in storage of or manufacturing processes using flammable
or explosive materials or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products but excluding basic industrial processing.
A facility providing shelter, counseling and other rehabilitation
services for individuals plus such minimum supervisory personnel as
may be required to meet standards of the licensing agency. Residents
under such supervisory care include those who by reason of chemical
or alcohol dependency or family or school adjustment problems require
a minimal level of supervision but do not require medical or nursing
care.
Such a facility must be licensed and approved by the Pennsylvania
Department of Public Welfare or other state agency having jurisdiction
over such activities. Such facilities are not included within the
definition of schools as contained in this chapter.
A parcel of land on which waste material or inoperative vehicles
and other machinery are collected, stored, salvaged or sold. An open
area where wastes or used or secondhand materials are bought, sold,
exchanged, stored, processed or handled. Materials shall include,
but are not limited to, scrap iron and other metals, paper, rags,
rubber tires and bottles. An automobile wrecking yard is also considered
a junkyard.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of and for any purpose involving:
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.
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.
A subdivision of land.
Land development does not include development which involves:
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.
The addition of an accessory building including farm building
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection an amusement park is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
The legal or beneficial owner or owners of land including
the holder or an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other persons having a proprietary interest in land.
A business premises equipped with individual clothes washing
and/or drying machines for the use of retail customers exclusive of
laundry facilities provided as an accessory use in an apartment house.
Liquid crystal display.
Light emitting diode.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
An off-street area on the same lot with a building or contiguous
to a group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials.
A building where, for compensation, rooms are provided for
at least three but no more than 15 persons and in which no table board
is furnished.
Land occupied or to be occupied by a building and its accessory
buildings or by a dwelling groups and its accessory buildings together
with such open space as required under the provisions of this chapter
having not less than the minimum area and width required by this chapter
for a lot in the district in which such land is situated and having
its principal frontage on a street. A designated parcel, tract or
area of land established by a plat, deed or permitted by law to be
used, developed or built upon.
The area contained within the property lines of a lot as
shown on a subdivision plan excluding space within any street but
including the area of any easement.
The lines bounding a lot as defined herein.
A lot which has been properly recorded in the office of the
Recorder of Deeds of Dauphin County, Pennsylvania.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
A lot at the junction of and abutting on two or more intersecting
streets or at the point of abrupt change of a single street where
the interior angle is less than 135° and the radius of the street
line is less than 100 feet.
The average horizontal distance between the front and rear
lot lines.
A lot other than a corner lot.
The minimum required lot width measured at the building setback
line. The width of lots abutting a cul-de-sac shall be measured as
the chord distance length at the building setback line.
A lot of record, the area or dimension of which was lawful
prior to the adoption, revision or amendment to this chapter but which
fails by reason of such adoption, revision or amendment to conform
to the current requirements of the zoning district in which it is
located.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this article.
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 attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
A parcel of land in a manufactured/mobile home park/community
improved with the necessary utility connections and other appurtenances
necessary for the erection thereon of a single manufactured/mobile
home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured/mobile
home lots for the placement thereon of manufactured/mobile homes for
nontransient use.
The processing and/or converting of raw unfinished or finished
materials or products or any or either of them into an article or
substance of a different character or for use for a different purpose;
industries furnishing labor in the case of manufacturing or the refinishing
of manufactured articles.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
Any establishment having a source of income or compensation
derived from the practice of massage and which has a fixed place of
business where any person, firm, association or corporation engages
in or carries on the practice of massage.
Establishments containing the offices of one or more physicians,
dentists, physical therapists, pharmacists, optometrists and other
health care professionals primarily engaged in furnishing outpatient
medical, surgical, rehabilitative or other services to individuals.
That unit of time in which one complete message is displayed
upon a sign incorporating a dynamic message display.
Includes but is not limited to clay, dolomite, sand, gravel,
rock, stone, earth, ore and other minerals.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement or parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Occupancy of a building or land for more than one type of
use.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
separate entrances and designed for year-round occupancy primarily
for transient automobile travelers and providing for accessory off-street
parking facilities. The term "motel" includes buildings designated
as tourist courts, tourist cabins, motor lodges and similar terms.
Structures for which the start of construction commenced
on or after May 2, 1977 and includes any subsequent improvements thereto.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
A bar or restaurant or combination thereof where a dance
floor or entertainment is provided and guests are served food or drink,
or are free to consume food or drink which they have brought onto
the premises.
[Added by Ord. No. 3-2017, 8/22/2017]
A lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants including the buildings,
structures and equipment customarily incidental and accessory to the
primary use.
A building with sleeping rooms where persons are housed or
lodged and furnished with meals, nursing care for hire and which is
approved for nonprofit/profit corporations licensed by the Pennsylvania
Department of Public Welfare for such use.
Any literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument or any other
written or printed matter which:
Depicts or describes in a patently offensive manner sexual conduct,
sexual excitement or sadomasochistic abuse or (in the case of articles
or instruments) is designed for use in achieving artificial sexual
stimulation.
Taken as a whole, appeals to the prurient interest.
Taken as a whole, does not have serious literary, artistic,
political or scientific value.
Any wall, dam, wharf, embankment, levee, dike, projection,
excavation, channel, rectification, culvert, building, fence, stockpile,
refuse, fill, structure or matter in, along, across or projecting
into any channel, watercourse of flood-prone area which may impede,
retard or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same down stream to the
damage of life and property.
A permit issued by the proper Township official allowing
occupancy of a building after it has been determined that the building
meets all the requirements of applicable ordinances.
A temporary storage area for a motor vehicle, trailer or
vessel that is directly accessible to a driveway and which is not
located on a dedicated street.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
A large tract of land that has been planned, developed and
operated as an integrated facility for a number of separate office
buildings and supporting ancillary uses with special attention given
to circulation, parking, utility needs, aesthetics and compatibility.
A room or rooms used for the carrying on of a profession
including, but not limited to, physicians, physical therapists, dentists,
architects, engineers, accountants, attorneys, real estate brokers,
insurance agents entitled to practice under the laws of the Commonwealth
of Pennsylvania or similar type.
An area that is intended to provide light and air and is
designed for either environmental, scenic or recreational purposes.
Open space may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas and watercourses. Land used for recreation,
resource protection, amenity and/or buffers. Open space shall not
be deemed to include driveways, parking lots or other surfaces designed
or intended for vehicular travel.
The keeping, in an unroofed area, of any goods, material,
merchandise or vehicles in the same place for more than 24 hours.
Any lot, municipally or privately owned for off-street parking
facilities providing for the transient storage of automobiles or motor-driven
vehicles. Such parking services may be provided as a free service
or may be provided for a fee.
An area on a lot and/or within a building intended for the
use of temporary parking of a personal vehicle. This term is used
interchangeably with parking stall. Each parking space must have a
means of access to a public street.
The development and use of parking areas on two or more separate
properties for joint use by the business on those properties.
A common shared wall between two separate structures, buildings
or dwelling walls.
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.
A surface that allows the infiltration of water into the
ground. Pervious surfaces (or areas) shall include, but are not limited
to: soil, plant or vegetative cover, and anything not considered an
impervious surface. Pervious areas also include patios, pervious bituminous
paved areas and pervious concrete areas, providing the area incorporates
an infiltration best management practice (BMP) to address and manage
the two-year storm volume increase pursuant to the provisions of the
South Hanover Township Stormwater Management Ordinance,[1] and provided further that the materials do not prevent
stormwater from absorbing into the ground.
[Added by Ord. No. 1-2018, 2/27/2018]
A freestanding sign that is associated with a coordinated
development of more than one land use all sharing common vehicle access
and off-street parking.
Land under unified control to be planned and developed as
a whole in a single development operation or a definitely programmed
series of development operations or phases. A planned development
includes principal and accessory structures and uses substantially
related to the character and purposes of the planned development.
A planned development is built according to general and detailed plans
that include not only streets, utilities, lots and building located
and the like but also site plans for all buildings as are intended
to be located, constructed, used and related to each other and plans
for other uses and improvements on the land as related to the buildings.
A planned development includes a program for the provisions, operations
and maintenance of such areas, facilities and improvements as will
be for common use by some or all of the occupants of the planned development
district but which will not be provided, operated or maintained at
general public expense.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended and reenacted by Act 170 of 1988.
The South Hanover Township Planning Commission, appointed
by the Board of Supervisors in accordance with the Pennsylvania Municipalities
Planning Code, Act 247, as amended.
A video display technology that relies upon the electric
excitation of phosphors to emit light.
A roofed structure projecting from the front, side or rear
wall of a building.
A building in which is conducted the principal use of the
lot on which the building is located. A structure or, where the context
so indicates, a group of structures in or on which is conducted the
principal use of the lot on which such structure is located.
The main use of land or structures as distinguished from
a secondary or accessory use. The primary use and chief purpose of
a lot or structure.
Not publicly owned, operated or controlled.
A right-of-way, other than a street, which provides vehicular
and/or pedestrian access to one or more lots.
The practice of a profession by any professional including,
but not limited to, attorney, physician, surgeon, osteopath, chiropractor,
dentist, optician, optometrist, chiropodist, engineer, surveyor, architect,
landscape architect, planner or similar type, entitled to practice
under the laws of the Commonwealth of Pennsylvania.
A sign whose support structure is attached to the roof of
a building and whose face either runs generally perpendicular to the
roof line or its underlying wall, or extends beyond the outside edges
of the roof to which it is attached.
A sign whose support structure is attached to the wall of
a building and whose face either runs generally perpendicular to the
wall, or extends beyond the outside edges of the wall to which it
is attached.
Is to be judged with reference to average adults unless it
appears from the nature of the material or the circumstances of its
dissemination, distribution or exhibition that it is designed for
clearly defined deviant sexual groups in which case the predominant
appeal of the matter shall be judged with reference to its intended
recipient group.
Owned, operated or controlled by a government agency (federal,
state or local, including a corporation and/or board created by law
for the performance of certain specialized governmental functions).
Public grounds include the following:
A formal meeting held pursuant to public notice by the governing
body or planning agency intended to inform and obtain public comment
prior to taking action in accordance with the Pennsylvania Municipalities
Code, Act 247, as amended.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," as amended.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Public utility transmission and distribution facilities including
substations and the like.
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational
activities. Public recreation areas are those owned and operated by
a unit of local government. Private recreation areas are those owned
and operated by a nonprofit organization and open only to bona fide
members and their guests. Commercial recreation areas are those operated
as a business and open to the public for a fee.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck,
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) plus a freeboard safety factor
of 1 1/2 feet.
Flood related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
Any establishment which carries on investigation in the natural,
physical, technical or social sciences or engineering and development
as an extension of such investigation with the objective of creating
end products.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing or experimentation
but not facilities for the manufacture or sale of products except
as incidental to the main purpose of the laboratory.
The provision of overnight sleeping accommodations and next
day breakfast/snacks for transient persons when one or more bedrooms
for such purposes are provided in a single-family dwelling and compensation
for services is rendered.
An establishment that serves food and beverages primarily
to persons seated within the building. This includes cafes, tea rooms
and outdoor cafes. A business establishment whose principal business
is the selling of unpackaged food to the customer in a ready-to-consume
state in individual servings or in nondisposable containers and where
the customer consumes these foods while seated at tables or counters
located within the building.
A retail outlet where food or beverages are sold to a substantial
extent for consumption by customers in parked motor vehicles. An establishment
that delivers prepared food and/or beverages to customers in motor
vehicles regardless of whether or not it also serves prepared food
and/or beverages to customers who are not in motor vehicles for consumption
either on or off the premises.
An establishment that offers quick food service which is
accomplished through a limited menu of items already prepared and
held for service or prepared, fried or griddled quickly or heated
in a device such as a microwave oven. Orders are not generally taken
at the customer's table and food is generally served in disposable
wrapping or containers. Any establishment whose principal business
is the sale of foods, frozen desserts or beverages in ready-to-consume
individual servings for consumption either within the restaurant building
for carry out and where either: (1) foods, frozen desserts or beverages
are usually served in paper, plastic or other disposable containers
and where customers are not served their food, frozen desserts or
beverages by a restaurant employee at the same table or counter where
the items are consumed or (2) the establishment includes a drive-up
or drive-through service facility or offers curb service.
An establishment where horses are kept for riding or driving
or are stabled for compensation or incidental to the operation of
any club, association, ranch or similar establishment.
A strip of land acquired by reservation, dedication, forced
dedication, prescription of condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, waterline, sanitary storm sewer and other
similar uses; generally, the right of one to pass over the property
of another.
A public or private thoroughfare for vehicular traffic and/or
pedestrian traffic whether designated as a street, highway, thoroughfare,
parkway, road, avenue, boulevard, lane, alley or however designated.
Flagellation or torture by or upon a person who is nude or
clad in undergarments, a mask or bizarre costume or the condition
of being fettered, bound or otherwise physically restrained on the
part of one so clothed.
A nonprofit educational institution, either public or private,
where the course of instruction parallels the requirements of the
Department of Education of the Commonwealth of Pennsylvania for public
elementary and/or secondary schools and, in the case of a private
school, such institution shall have complied with the registration
requirements of the department of education and adhere to the attendance
laws of the Commonwealth of Pennsylvania.
Same as elementary and secondary school except general education
is provided above the level of the secondary school and may include
junior college, college or university.
Any school having regular sessions with employed instruction
which teaches those subjects that are fundamental and essential in
general education for elementary grades.
A facility, not in a private residence, enrolling children
no more than five years of age and where tuition, fees or other forms
of compensation for the instruction and care of the children is charged.
Such facility shall employ licensed personnel and shall be licensed
by the Commonwealth of Pennsylvania.
Same as elementary school except general education is provided
for secondary grades.
Same as elementary and secondary school except that the primary
activity is training in a trade or vocation.
The method by which a view of one site from another is shielded,
concealed or hidden. Screening techniques include fences, walls, hedges,
berms or other features. A device or materials used to conceal one
element of a development from other elements or from adjacent or contiguous
development. Screening may include one or a combination of the following
materials of sufficient mass to be opaque or that shall become opaque
after 12 months and which shall be maintained in an opaque condition:
walls, berms or plantings.
An establishment where liquids used as motor fuels are stored
and dispersed into the fuel tanks of motor vehicles by persons other
than the service station attendant and may include facilities available
for the sale of other retail products.
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household
goods or contractor's supplies. A building or group of buildings in
a controlled access and fenced compound that contains varying sizes
of individual, compartmentalized and controlled access stalls or lockers
for the storage of customer's goods or wares.
Any premises where gasoline and other petroleum products
are sold and/or light maintenance activities such as engine tune-ups,
lubrication, minor repairs and carburetor cleaning are conducted.
Service stations shall not include premises where heavy automobile
maintenance activities such as engine overhauls, automobile painting
and body fender work are conducted. Buildings and premises where the
primary use is the supply and dispensing at retail of motor fuels,
lubricants, batteries, tires and motor vehicle accessories.
Actual or simulated acts of human masturbation, sexual intercourse
or any touching of the clothed or unclothed genitals, pubic areas
or buttocks of the human make or female or the breasts of the female,
whether alone or between members of the same or opposite sex, or between
humans and animals.
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
A group of stores planned and designed to function as a unit
for the lot on which it is located with off-street parking provided
as an integral part of the unit.
A device for visual communication that is used to bring the
subject to the attention of the public.
This term includes, but is not limited to:
Lettering, logos, trademarks, and other symbols that are an
integral part of the architectural design of a building which are
applied to a building or which are located elsewhere on the premises;
Lettering, logos, trademarks, and other symbols that are affixed
to windows or glass doors or are otherwise internally mounted such
that they are obviously intended to be seen and understood by vehicular
or pedestrian traffic outside the building;
Flags and insignia of civic, charitable, religious, fraternal,
patriotic, and similar organizations;
Insignia of governments and government agencies;
Banners, streamers, pennants, spinners, reflectors, tinsel,
and similar objects; and
Inflatable objects.
This term shall not include:
Architectural features that may be identified with a particular
business;
Backlit awnings that include no lettering, logos, or other symbols;
Lettering, logos, trademarks, and other symbols within a building
that are obviously intended to be seen primarily from within the building;
Outdoor signs intended for use within a property, such as menu
signs for fast-food restaurant drive-through lanes;
Lettering, logos, trademarks, and other symbols with regulations
within a park;
Building number and/or identification devices within an educational
campus;
Flags of governments or government agencies;
Decorative seasonal and holiday banners on residential properties;
and
Display of merchandise either behind store windows or outdoors.
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SIGN TYPES DIAGRAM
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A scaled graphical depiction of the proposed development
of a lot, parcel or tract of land describing all covenants assigned
as well as accurately depicting the use, location and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-way, easements, parking facilities,
open space, public facilities and utilities, setbacks, eight of buildings,
setbacks, height of buildings and structures and other such data necessary
for Township officials to determine compliance with this chapter and
appropriate provisions of such ordinances as they may apply.
A property owner's right to have the sunlight shine on his
land.
The space between a solar energy collector and the sun which
must be free of obstructions that shade the collector to an extent
which precludes its cost-effective operation.
A right expressed as an easement, covenant, condition or
other property interest in any deed or other instrument executed by
or on behalf of any landowner which protects the solar skyspace of
an actual, proposed or designated solar energy collector at a described
location by forbidding or limiting activities or land uses that interfere
with access to solar energy.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, A1-30, AE, A99 or AH.
An accessory building in which horses are kept for private
use and not for hire, remuneration, exhibition or sale.
A building in which horses are kept for remuneration, hire,
exhibition or sale.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufacture home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first, alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
That portion of any building included between the surface
of any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between such floor and the ceiling
next above it.
A story under a gabled, hipped or gabled roof, the wall plates
of which on at least two opposite exterior walls are not over three
feet above the finished floor of such story.
A public or private right-of-way constructed to Township
standards which affords primary vehicular traffic or pedestrian access
to abutting properties which includes avenue, boulevard, road, highway,
freeway, parkway and viaduct but shall not include an alley for the
purpose of this chapter.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
streets upon which the lot abuts at the midpoint of the frontage at
the lot thereon. If there is no officially established grade the existing
grade of the street at such midpoint shall be taken as the street
grade.
The dividing line between the street and the lot, also known
as the right-of-way line.
The distance between street right-of-way lines measured at
right angles to the center line of the street.
A major street or highway which carries traffic from minor
streets to arterial streets including the principle entrance streets
of a residential development and streets for circulation within such
a development.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
A street used primarily for access to abutting properties.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A structure without any foundation or footings and which
is to be removed when the designated time period, activity or use
for which the temporary structure was erected has ceased.
A building or portion of a building used as a place of work
by an artist, photographer or artisan or used for radio or television
broadcasting.
The use of a premises by a teacher of music or dancing where
students are taught these arts for a fee. This term is synonymous
with "dancing school" and "music school" and other similar expressions.
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, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development.
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres not involving any new
street or easement of access or residential dwelling shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
or "repetitive loss" regardless of the actual repair work performed.
The term does not, however include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions,
or;
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
The extraction of minerals from the earth, from waste or
stock piles or from pits or banks as activities conducted upon the
surface of the land which require the removal of overburden, strata
or material overlying, above or between the minerals or by otherwise
exposing and retrieving the minerals from the surface. These activities
include, but are not limited to, strip, drift, auger and open pit
mining, quarrying, leaching, box cutting, activities related thereto.
Mining activities carried out beneath the surface by means of shafts,
tunnels or other underground openings are not included in this definition.
A portable or permanent structure designed to hold water
for wading or swimming purposes beginning at a height of 12 inches
not to exceed a height or depth for safety, overall area in size to
be governed by its location and located above or recessed at ground
level shall, for the purpose of this chapter, be defined as a swimming
pool.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid admission basis.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
One dwelling unit that is attached to two or more dwelling
units, and with each dwelling unit being completely separated from
and attached to another dwelling unit by unpierced vertical fire-resistant
walls. Each dwelling unit shall have its own outside access. The number
of attached dwelling units shall be limited to four.
[Added by Ord. No. 3-2017, 8/22/2017]
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal. A building or area
in which freight brought by truck is assembled and/or stored for routing
or reshipment or in which semitrailers, including tractors and/or
trailer units and other trucks are parked or stored.
Any lot which has not been graded or in any other manner
prepared for the construction of a building.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A measurement that compares the brightest single location
with the darkest single location, upon the face of a sign or some
other designated surface.
The specific purpose for which land or a building is designated,
arranged, intended or for which it is or may be occupied or maintained.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment or such ordinance or amendment or prior to the application
of such ordinance or amendment to its location by reason of annexation.
Any use allowed in a zoning district and subject to the regulations
applicable to that zoning district.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
Relief granted by the Zoning Hearing Board from technical
requirements of this chapter which, if strictly adhered to, would
inflict unnecessary hardship upon the applicant. Procedures and criteria
for granting such relief shall comply with the Pennsylvania Municipalities
Code, Act 247, as amended.
Such cover shall consist of trees, shrubs, flowers, grass
or similar natural cover.
For the purposes of Article XIV of this chapter, means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR (Code of Federal Regulations) 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the Pennsylvania Floodplain Management Act is presumed to be in violation until such time as that documentation is provided.
A building used primarily for the storage of goods and material.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment but excluding bulk storage of materials
that are inflammable or explosive or that create hazardous or commonly
recognized offensive conditions.
A device which converts wind energy to mechanical or electrical
energy.
The blades, plus hub to which, the blades are attached, that
are used to capture wind for purpose of energy conversion. The wind
rotor is used generally on a pole or tower and along with other generating
and electrical storage equipment forms a wind energy conversion system.
A sign that is either located on the inside or outside surface
of a window but whose message faces outward.
An unoccupied space, outside the building setback lines,
other than a court, open to the sky, on the same lot with a building
or structure.
A strip of required yard space adjacent to the boundary of
a property or district not less than the width designated in this
chapter and on which is placed (planted) year-round shrubbery, hedges,
evergreens or other suitable plantings of sufficient height and density
to constitute an effective screen and give maximum protection and
immediate screening to an abutting property or district and may include
a wall as provided for in this chapter.
An open, unoccupied space between a building and the property
boundary or street line.
An open unoccupied space on the same lot with a building
extending the full width of the lot and situated between the street
line and the building line projected to the side lines of the lot.
The depth of the front yard shall be measured between the front building
line and the street line.
An open, unoccupied space between buildings of a building
group, all of which are located on the same lot.
A yard located between a primary or accessory building and
the rear lot line upon which the building is located as prescribed
by the provisions of this chapter.
An open unoccupied space on the same lot with a building
and situated between the building and the side line of the lot and
extending from the front yard to the rear yard. Any lot line not a
rear line or a front line shall be deemed a side line.
The South Hanover Zoning Hearing Board appointed by the Board
of Supervisors in accordance with the Pennsylvania Municipalities
Planning Code, Act 247, as amended.
The map setting forth the boundaries of the zoning districts
of the Township which shall be part of this chapter.
The duly constituted Township official designated to administer
and enforce this chapter. The Zoning Officer shall administer this
chapter in accordance with its literal terms.
