For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A.
Words in the present tense shall include the future tense.
B.
"Used" or "occupied" as applied to any land or building include the
words "intended, arranged, or designed to be used or occupied."
C.
"Should" means that it is strongly encouraged but is not mandatory.
"Shall" is always mandatory.
D.
The singular shall also regulate the plural and vice-versa, unless
stated otherwise. The masculine gender shall include the feminine
and neuter, and vice-versa.
E.
If a word is not defined in this chapter, but is defined in Chapter 375, Subdivision and Land Development, as amended, the definition in that chapter shall apply. If a word is defined in both this chapter and another Township ordinance, each definition shall apply to the provisions of each applicable ordinance.
F.
Any word or term not defined in this chapter or in Chapter 375, Subdivision and Land Development, as amended, shall have its plain and ordinary meaning within the context of the section. A standard reference dictionary should be consulted.
G.
The words "such as," "includes," "including" and "specifically" shall
provide examples. These examples shall not, by themselves, limit a
provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
H.
The word "person" includes a firm, company, corporation, partnership,
trust, organization or association, as well as an individual.
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "adjacent."
A type of driveway that serves two or more principal or accessory
commercial, institutional or industrial buildings, structures or uses.
One combined entrance/exit point, or one clearly defined
entrance point separated from another clearly defined exit point.
This term shall not include accessways or driveways that are strictly
and clearly limited to use by only emergency vehicles; such accesses
are permitted by right as needed.
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, private playhouse,
detached carport, household greenhouse, a household swimming pool,
or an accessory storage building to a business use. An "accessory
building" is any accessory structure that meets the definition of
a "building." A portion of a principal building used for an accessory
use shall not be considered an accessory building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
An example would be a home occupation that is accessory to a dwelling.
Is 43,560 square feet.
A residential development that is age-qualified in accordance with federal regulations as provided in § 440-43, including that 100% of the residences of the community shall be occupied by at least one resident age 55 or older and none under the age of 19, and which involves a unified development operated under common rules with private internal streets, landscaped areas along public streets and private on-site recreational facilities.
[Added 11-15-2006 by Ord.
No. 2006-2; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
A use with a significant portion of the market value of,
or over 15 square feet of total floor area occupied by, items for
sale or rent being books, films, magazines, videotapes, coin- or token-operated
films or videotapes, paraphernalia, novelties or other periodicals
which are distinguished or characterized by a clear emphasis on matter
depicting, displaying, describing or relating to uncovered male or
female genitals or specified sexual activities. This shall include,
but not be limited to, materials that would be illegal to sell to
persons under age 18 under state law.
A use providing supervised care and assistance primarily
to persons who are over age 60 and/or mentally retarded and/or physically
handicapped who need such daily assistance because of their limited
physical abilities, Alzheimer's disease, mental abilities or mental
retardation. This use shall not include persons who need oversight
because of behavior that is criminal or violent. This use may involve
occasional overnight stays, but shall not primarily be a residential
use. The use shall involve typical stays of less than a total of 60
hours per week per person.
A use including live entertainment involving persons (which
may include waiters, waitresses, dancers, clerks, bartenders, contractors
or others) displaying uncovered male or female genitals or nude or
almost nude female breasts or engaging in simulated or actual "specified
sexual activities" related to some form of monetary compensation paid
to a person, company or organization operating the use or to persons
involved in such activity.
A use involving the presentation typically to three or more
persons at one time in a room of motion pictures, videotapes or similarly
reproduced images distinguished or characterized by an emphasis on
depiction of "specified sexual activities" for observation by patrons
therein and that is related to some form of monetary compensation
by the persons viewing such matter.
This term shall include any of the following uses: adult
bookstore, adult movie theater, massage parlor or adult live entertainment
facility/use.
A commercial use or membership club that permits the consumption
of alcohol and is routinely open between the hours of 2:00 a.m. to
4:00 a.m., in addition to any other hours. See State Act 219 of 1990,
which generally prohibits this use.
This term shall include the original processing, treating,
packing or storing of agricultural products as a principal use. In
addition, such activities may occur as an accessory use to a lawful
principal agricultural use if such accessory uses are clearly of a
customarily incidental nature.
"Crop farming," "plant nursery" and "raising of livestock."
See definition of each.
An accessory use to a single-family dwelling or farming use
which may include the rental of an accessory structure for purposes
of weddings, family gatherings, reunions, or other similar events,
subject to the additional regulations contained in this chapter.
[Added 12-6-2021 by Ord.
No. 2021-6]
An accessory use that consists of an enterprise that shall
be considered any activity conducted on and accessory to an existing
and operational farm and offered to the public or to invited groups
for the purpose of recreation, education, or active involvement in
the farm operation. These activities must be directly related to agricultural
or natural resources and incidental to the primary operation of the
farm.
[Added 12-6-2021 by Ord.
No. 2021-6]
An area which is designated, used or intended to be used
for the landing and takeoff of motorized aircraft (other than one-person
ultra light aircraft, which are not regulated by this chapter) that
carry people, and any related aircraft support facilities such as
for maintenance, refueling and parking.
A "public airport" shall be one that does not meet the definition
of a "private airport." A "private airport" shall be one that is limited
to a maximum total of 15 flights and/or takeoffs in any seven-day
period and that is not available for use by the general public.
A strip of land over which there is a private or public right-of-way
intended to provide vehicular access to the side and/or rear of properties
with frontage on a public street. An alley is not intended for general
traffic circulation.
As applied to a building or structure, a change or rearrangement
in the load-bearing and non-load-bearing structural members, resulting
in the extension of any side or the increase in height. The moving
of the building or structure from one location or position to another
or the conversion of one use to another by virtue of interior change
shall also constitute an alteration of building.
See "livestock, raising of."
A device, partially or wholly exterior to a building, that
is used for receiving any type of electronic signals (other than a
satellite dish antenna, which is treated separately) or for transmitting
short-wave or citizens band radio frequencies. This shall include
antennas used by an amateur ham radio operator or by a contracting
business or utility to communicate with its employees, but shall not
include a commercial communications antenna. This term includes any
accessory supporting structures.
See "dwelling" types.
A dwelling unit especially created for and limited to occupancy
by a close relative of the permanent residents of the principal dwelling
unit to provide needed care and supervision to such relative.
The party who takes an appeal under this chapter.
The person(s), company, partnership, profit or nonprofit
corporation or trust responsible for a particular application for
an approval or permit under this chapter and his/her heirs, successors
and assigns.
A written form supplied by the Township for a Township approval,
decision or permit, including any accompanying site plan and additional
information and materials that the Township requires the applicant
to submit.
A commercial area or structure involving indoor or outdoor
space for exhibits, meetings, live performances or sports events,
but not a use that meets the definition of an "adult use."
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station" and shall not operate out of a household garage or another accessory building. See § 440-42D(9)(a)[7]. An auto repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage, such as a convenience store. This use shall not include a use meeting the definition of a "truck stop." See requirements in § 440-41.
A building and/or land where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections. This use may include a convenience store. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. This use shall not include a use meeting the definition of a "truck stop." See storage limits and other requirements in § 440-41.
An area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 440-41.
An enclosed floor area partly or wholly underground. A basement
shall be considered a story if a) the majority of the basement has
a clearance from floor to ceiling of 6.5 feet or greater; and b) the
top of the ceiling of the basement is an average of five or more feet
above the finished grade along the majority of the front side of the
building that faces onto a street.
A single-family detached dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in § 440-41 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. This use shall only include a use renting facilities for a maximum of seven days in any month to any person(s) and shall be restricted to transient visitors to the area. See requirements in § 440-41.
A mound or ridge of landscaped earth designed to act as a screen and buffer. See § 440-79.
A use where lawful gambling activities are conducted, including,
but not limited to, offtrack parimutual betting. This term shall not
include betting under the state lottery programs or betting under
the small games of chance provisions of state law, which shall instead
be regulated under the regulations applicable to the principal use
of the property (such as a membership club).
A type of off-premises sign with any total sign area greater
than 50 square feet. See definition of "sign, off-premises."
The Board of Supervisors of North Whitehall Township.
A residential use in which a) two or more individual rooms
that do not meet the definition of a lawful dwelling unit are rented
for habitation; or b) a dwelling unit includes greater than the permitted
maximum number of unrelated persons. A boardinghouse shall not include
a use that meets the definition of a hotel, dormitory, motel, life
care center, personal care center, bed-and-breakfast, group home or
nursing home. A college fraternity or sorority house used as a residence
shall be considered a type of boardinghouse. A boardinghouse may either
involve or not involve the providing of meals to residents, but shall
not include a restaurant open to the public unless the use also meets
the requirements for a restaurant.
A strip of land that a) separates one use from another use or feature, and b) is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 440-79.
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total area
under roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building.
The latest edition of the Uniform Building Code.
The percentage obtained by dividing the maximum horizontal
area in square feet of all principal and accessory buildings and attached
structures covered by a permanent roof on a lot by the total lot area
of the lot upon which the buildings are located.
See "height."
A horizontal distance from the outside of one exterior wall
to the outside of the most distant other exterior wall of any one
building or of attached buildings. Such length shall not be measured
diagonally.
See "setback line."
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For an attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a junkyard.
Storage beyond what is reasonably needed for customary use
on-site. This includes storage of substances intended to be sold or
resold for use off-site.
See "office."
A use that is primarily recreational in nature that involves
the use of tents or sites leased for recreational vehicles for transient
and seasonal occupancy by persons recreating or travelers, or the
use of tents or cabins for seasonal occupancy by organized groups
of persons under age 18 and their counselors.
A use involving inpatient psychiatric hospital, residential and/or outpatient counseling and support facilities for persons under the age of 21, and who are clearly primarily age 19 or younger, and who primarily need such special services because of emotional or behavior concerns or because of inadequate care provided by their families. Such facilities may also include accessory nonresidential counseling for the families of the youth. Such facilities may also include the following types of facilities for such youth: child day-care facilities, diagnostic assessment, group housing, noncommercial recreational facilities, educational programs and primary and secondary schools. See § 440-41.
A roofed building intended for the storage of one or more
motor vehicles, but which is not enclosed on all sides by walls or
doors. If any portion of a carport is attached to a principal building,
it shall be considered to be part of that building.
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
See "basement."
Land or buildings used for the burial of deceased humans,
but not animals. The internment or scattering of remains of properly
cremated humans is not regulated by this chapter.
A line equidistant from and parallel to the existing right-of-way
lines on each side of the street.
Includes chairman, chairwoman, chair and acting chairperson
(when applicable).
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale of trees from November 15 to December 30 that were produced on
the premises.
See "place of worship."[1]
A logging method that removes all trees or the vast majority of all trees from a tract of land or a portion thereof. See § 440-57.
See "sight distance triangle."
See "membership club."
A residential development meeting all of the requirements of Article IX, including the provision of open space in return for reduced lot areas.
Intended to be for profit.
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals, and that does not meet the definition of a "standard antenna." "Commercial communications antenna" shall include, but is not limited to, antenna used for transmitting commercial radio or television signals, or to receive such signals for a cable system or for retransmitting cellular telephone communications. See § 440-41.
The C, C-2, and VC Zoning Districts.
A type of commercial recreation use that a) does not meet the definition of "commercial outdoor recreation"; and b) is used principally for active or passive recreation, such as a bowling alley, roller-skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by § 440-36.
A type of commercial recreation use that a) has a total building coverage of less than 15%; and b) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park, outdoor ice skating and similar uses. This term shall not include any use listed separately as a distinct use by § 440-36, such as a firearms target range.
The offering of leisure-time activities for a profit-making
purpose. This term shall not include any adult use. For the purposes
of this chapter, recreation facilities shall not be considered to
be commercial recreation when clearly limited to residents of a development
and their occasional invited guests. Instead, such recreation shall
be a permitted accessory use to that development.
Includes, but is not limited to, retail sales, offices, personal
services, auto sales, auto repair garages and other uses of a similar
profit-making nonindustrial nature. The sale of goods or services
from a vehicle on a lot shall also be considered to be a commercial
use.
Any motor vehicle or trailer that is primarily used for business
purposes, including, but not limited to, making service calls, transporting
equipment used in a business or in accomplishing physical work as
part of a business (such as hauling material). This term shall not
include any of the following: emergency medical vehicles, fire trucks,
school buses, recreational vehicles for personal use, U.S. Postal
Service vehicles, municipally owned vehicles, vehicles clearly primarily
intended for agricultural uses, or vehicles actively engaged in the
construction or repair of streets, curbs, sidewalks or utilities in
the immediate area. See "residential accessory use" in 440-42.
The Planning Commission of North Whitehall Township.
See "open space, common."
A noncommercial use that exists solely to provide leisure
and educational activities and programs to the general public or certain
age groups. The use also may include the noncommercial preparation
and/or provision of meals to low-income elderly persons. This shall
not include residential uses or a treatment center.
The controlled processing of vegetative material to allow it to biologically decompose under controlled anaerobic or aerobic conditions to yield a humus-like product. See § 440-42.
The document entitled the "North Whitehall Township Comprehensive
Plan," or any part thereof, adopted by the Board of Supervisors, as
amended.
A use which is allowed or denied by the Board of Supervisors within the provisions of Article I, after review by the Planning Commission.
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which was created under
the Pennsylvania Unit Property Act of 1963[2] or is/was created under the Pennsylvania Uniform Condominium
Act of 1980, as amended.[3] See § 440-89.
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land. To meet
a requirement of a Township ordinance, such easement shall run for
a minimum period of 99 years. Such easement shall be recorded in the
County Recorder of Deeds Office. At a minimum, any conservation easement
established to meet a requirement of a Township ordinance shall restrict
uses of the land in a manner closely similar to all of the following:
The vast majority of the land shall be preserved in a near-natural
or landscaped state or for agricultural uses;
No new principal buildings may be constructed on the lot, other
than for noncommercial recreation or as necessary to support on-site
agricultural activities;
The land shall not be used for any mineral extraction, commercial
or industrial activities, other than agriculture or the growing of
trees and plants for replanting or for Christmas tree sales or a lawful
home occupation;
The lot shall not be further subdivided; and
Currently forested areas shall be maintained as forests, with
only carefully selective cutting of trees in such as a way as to preserve
the character of such lands as forested lands, without any clear-cutting.
Unless otherwise stated, shall mean abutting.
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of not greater than 6,000 square feet
in a C or C-2 Zone and not greater than 4,000 square feet in all other
zones. A convenience store involving the sale of gasoline shall be
regulated as an auto service station.
To change from one use to another use, or to increase the
number of dwelling units within a building, unless otherwise stated.
The County of Lehigh, Commonwealth of Pennsylvania.
The Lehigh Valley Planning Commission.
The cultivating, raising and harvesting of products of the
soil and the storage of these products produced on the premises. The
definition of "crop farming" shall also include orchards and Christmas
tree farms, but the term shall not by itself include raising of livestock
as a principal use, commercial forestry, riding academies or kennels.
If a crop farming lot includes more than five acres, it may also include the keeping of numbers and types of animals so as to be a clearly incidental and customary accessory use, in addition to what is permitted under the keeping of pets in § 440-42.
Crop farming may include commercial raising of fish in ground-level
ponds. Any other type of bulk commercial raising of fish as a principal
use shall be considered an industrial use under food processing.
A use involving the bulk storage of crops grown by numerous
farmers as a wholesale use.
A building and/or land open to the public which primarily
contains exhibits of clearly artistic or cultural interest, such as
a museum, library, art gallery or indoor nature study area. This shall
not include uses that are primarily commercial in nature.
A proposed zoning amendment submitted to the Board of Supervisors by any landowner who desires to challenge on substantive grounds the validity of portions or all of this chapter which prohibits or restricts the use or development of land in which the landowner has an interest. See Article I.
A process provided in the Pennsylvania Municipalities Planning
Code[4] that permits a municipality to address the potential invalidity
of portions or all of its own zoning ordinance.
The Pennsylvania Department of Environmental Protection,
and its relevant bureaus. Any reference to DER or the Department of
Environmental Resources shall be interpreted to mean the Pennsylvania
Department of Environmental Protection.
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of less
than 18 hours during the average day. This use may also include educational
programs that are supplementary to state-required education, including
a nursery school or Head Start programs. See also the definition of
"adult day-care center."
The following three types of day care are permitted without
regulation by this chapter:
Child day-care center. A type of day-care use that:
Provides care for seven or more children at any one time who
are not relatives of the primary caregiver;
Does not meet the definition of a "group day-care home"; and
Is registered with the applicable state agency.* See § 440-41.
|
*
|
The Pennsylvania Department of Human Services, or its successor.
|
Calendar days.
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
Construction, erection or expansion of a structure or mining, dredging, filling, grading, paving, excavation or drilling operations. The term also includes any activities defined as "land development" under the North Whitehall Township Subdivision and Land Development Ordinance in Chapter 375 of this Code.[5]
The processing of materials so as to sort out which finished
goods are to be transported to different locations, and the loading
and unloading of such goods. This use usually involves inventory control,
material handling, order administration and packaging. Specifically,
a use that primarily involves either loading materials from tractor
trailers onto smaller trucks or loading materials from smaller trucks
onto tractor trailers shall be considered a distribution use. This
term shall not include a trucking company terminal.
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this chapter.
A principal or accessory building that is used primarily
as living quarters and is occupied exclusively by bona fide full-time
faculty or students of an accredited college or university or state-licensed
teaching hospital or accredited public or private primary or secondary
school.
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
A privately owned, constructed, and maintained vehicular
access from a street to one or two principal buildings, uses or structures,
or accessory buildings, uses or structures, and which does not meet
the definition of a street or an alley.
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home." This chapter categorizes dwellings into the
following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article IV and where permitted by Article III and meeting the floor area requirements of Article VIII.
LOW-RISE APARTMENTS (GARDEN APARTMENTS)Three or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of "townhouses"). This shall include buildings with a maximum height of 3 1/2 stories or 35 feet, whichever is lesser. The individual dwelling units may be leased or sold for condominium ownership.
MID-RISE APARTMENTSThree or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories.
SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or low-rise apartment that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides. A single-family detached dwelling may be a mobile/manufactured home.
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: a) is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; b) is designed for permanent occupancy; c) which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; d) is constructed so that it may be used with or without a permanent foundation; and e) is not a recreation vehicle. The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a sectional home, which is defined above. See standards in § 440-41.
SEMIDETACHED DWELLING (or HALF OF A TWIN HOME)One dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
TOWNHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. Townhouses are also commonly referred to as "row houses" or "single-family attached dwellings." See standards in § 440-41.
TWO-FAMILY DETACHED DWELLINGTwo dwelling units accommodating one family each, with both dwelling units within a single building on a single lot, and without the dwelling units being completely separated by a vertical wall. The building shall have two side yards.
A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have a) its own
toilet, bath or shower, sink, sleeping and cooking facilities; and
b) separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level. A dwelling unit shall
not include either or both of the following: a) two or more separate
living areas that are completely separated by interior walls so as
to prevent interior access from one living area to another; or b)
two separate and distinct sets of kitchen facilities. See "apartment
for care of relative."
Shall mean "earthmoving" as defined in applicable DEP regulations
(Chapter 102, Erosion and Sediment Control, of Title 25 Pennsylvania
Code of Regulations), and also shall include any one or more of the
following activities:
Cutting down of trees or clearing of brush, other than clearing
of grass and weeds;
Excavation of the ground, filling of the ground or mineral extraction;
Grading, regrading, any change in the ground surface elevation
greater than one foot, disturbance of topsoil or vegetative cover
of the land;
For the purposes of this definition, the term "earthmoving" shall apply to any soil, clay, overburden, sediment, dredge spoils or similar material. See § 440-44.
Authorization by a property owner for the use by another
for a specified utility, access or purpose of any designated part
of the owner's property. See "conservation easement."
An assemblage of equipment for transforming electric power rather than for its generation or utilization. See "utility substation" in § 440-41.
Notice given by a municipality through the internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This may include
housing for emergency personnel while on call.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer, and both employees and
contractors) present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
Any type of structure used to surround a patio, pool or deck
at any height.
Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 440-36. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
A facility that offers indoor or outdoor recreational facilities,
such as the following: weight rooms, exercise equipment, nonhousehold
pool, gymnasium, tennis courts, and racquetball courts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
One or more persons living together in a single dwelling unit
as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that more than four persons
living together in a single dwelling unit, who are not related by
blood, adoption or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
See the group home provisions of § 440-41, which may allow a greater number of unrelated persons in certain circumstances. A treatment center shall not be considered a family or a group home. For a use involving greater numbers of unrelated persons, see "boardinghouse" or "institutional group home." As an alternative, a "family" may include one set of related persons and up to two live-in full-time domestic workers or health care assistants.
All areas which encompass and surround an indoor area. These
areas do not include pastures if the pastures are rotated, are fenced
in at least five feet from all residential property lines and the
use does not meet the definition of livestock raising.
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a "wall." The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include hedges, trees or shrubs. See § 440-42.
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land, including, but not limited
to, levees, bulkheads, dikes, jetties, embankments, and causeways.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public and that may include automatic transaction machines.
See "crop farming."
See "lot, flag."
The definitions in Chapter 242, Floodplain Management (Ordinance No. 2001-3, as amended and as may be superseded), shall apply. Such definitions, as amended, are hereby incorporated by reference.
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include, but not
be limited to, a) fully enclosed porches; and b) basement or cellar
or attic space that is potentially habitable and has a minimum head
clearance of at least 6.5 feet. Floor area specifically shall not
include the following: a) elevator shafts; b) common stairwells; or
c) unenclosed porches, decks or breezeways.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The harvesting within a calendar year of more than 25 live
trees with a trunk width of six inches or more at a height 4.5 above
the average ground level on any tract or lot. This term shall not
apply to the following, which are uses permitted by right in all districts:
Routine thinning of woods involving dispersed selective cutting
of trees that involves less than 20% of all trees on one or more abutting
lots with a trunk width of greater than six inches;
Cutting of trees with a trunk width less than six inches;
Cutting of fewer than 25 such trees in a calendar year;
Christmas tree farms; or
Clearing of portions of a lot that is clearly the minimum necessary for construction. See § 440-57.
A type of boardinghouse, regulated as such, which is occupied
by organized groups of higher education students, and which is officially
recognized as a fraternity or sorority by such institution.
The linear measurement taken along a property's common boundary
with an adjoining street right-of-way, other than that of a limited-access
highway.
A principal use for the preparation and viewing of the dead
prior to burial or cremation. Funeral homes shall not include cemeteries,
columbaria, mausoleums, or entombments, but may include mortuaries
and crematoria.
An area of municipal or multimunicipal plan outside of and
adjacent to a designated growth area where residential, commercial
industrial and institutional uses and development are permitted or
planned at varying densities and public infrastructure services may
or may not be provided, but future development at greater densities
is planned to accompany the orderly extension and provision of public
infrastructure services.
The accessory use of any lot for the occasional sale of only common household goods and furniture and items of a closely similar character. Any garage sale that does not meet this definition and cannot comply with § 440-42D(8), Garage sales, shall be regulated as a retail store.
A building which is used to store and which offers closed
protection for three or less vehicles. Any building which stores more
than three or more vehicles shall be considered an accessory structure.
A private garage shall not exceed 1,000 square feet in area. Auto
repairs conducted in a private garage shall be limited to personal
vehicles owned by the occupants of the dwelling only.
That which exhibits consistency.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 440-54.
An outdoor area used for the game of golf, with a minimum of nine holes each requiring a player to hit a ball at least 100 feet. This use may also include a clubhouse (which may include a restaurant or snack bar), swimming pools, tennis courts, golf equipment sales and similar facilities as accessory uses. See § 440-41.
A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by North Whitehall Township. This term shall not include uses listed separately in the table of uses in Article III, such as publicly owned recreation. This term shall not include a prison.
The mean curb level, unless otherwise noted. When a curb
level has not been established, "grade" shall mean the average finished
ground elevation adjoining the buildings.
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves the care of the maximum number of persons permitted by the group home standards of § 440-41, and meets all other standards of such section.
Involves persons functioning as a common household unit.
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, or mental retardation/developmental
disability, or that the applicant proves to the satisfaction of the
Zoning Officer meets the definition of another handicap* as defined
by applicable federal law.
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*The Federal Fair Housing Amendments Act[6] defined "handicap" as follows: 1) a physical or mental
impairment which substantially limits one or more of such person's
major life activities; 2) a record of having such an impairment; or
3) being regarded as having such an impairment, but such term does
not include current, illegal use of or addiction to a controlled substance
as defined in § 802 of Title 21. This definition was subsequently
adjusted by Section 512 of the Americans With Disabilities Act[7] to address certain situations related to substance abuse
treatment.
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NOTE: For a use that would include more than the number of residents
permitted under a group home, see "institutional group home," which
is a distinct use.
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Does not meet the definition of a "treatment center." This definition
shall expressly exclude facilities for the supervised care of persons
under treatment for alcohol and/or drug abuse and any use related
to criminal rehabilitation of adults or juveniles or services related
to the treatment of the criminally insane.
Unless otherwise stated, shall be materials and substances
listed on the latest edition of the Hazardous Substance List of the
Pennsylvania Department of Labor and Industry.
Any garbage refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution 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 the above, which
because of its quantity, concentration, or physical, chemical, or
infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, exposed
of, or otherwise managed.
Any structure, group of structures, aboveground or underground
storage tanks, or any other area or buildings used for the purpose
of permanently housing or temporarily holding hazardous waste for
the storage or treatment for any time span other than the normal transportation
time through the Township.
A general, chronic disease, or other type of hospital, a
home health care agency, a hospice, a long-term care nursing facility,
cancer treatment centers using radiation therapy on an ambulatory
basis, an ambulatory surgical facility, a birth center, regardless
of whether such health care facility is operated for profit, nonprofit,
or by an agency of the commonwealth or local government. The term
"health care facility" shall not include an office used primarily
for the private practice of a health care practitioner, nor a program
which renders treatment or care for drug or alcohol abuse or dependence
unless located within a health care facility; nor a facility providing
treatment solely on the basis of prayer or spiritual means. A mental
retardation facility is not a health care facility, except to the
extent that it provides skilled nursing care. The term health care
facility shall not apply to a facility which is conducted by a religious
organization for the purpose of providing health care services exclusively
to clergymen, or other persons in a religious profession, who are
members of a religious denomination. In the event that the Pennsylvania
statute defining this term is amended, or further amended, then, in
that event, this term shall be redefined as set forth in the statute
(35 P.S. § 448.802a, as amended).
The vertical distance measured from the average elevation of the proposed ground level along the front of the building to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height to provide for the roof peak, provided such 20% is not occupied by persons. See exemptions for certain types of structures in § 440-78. A maximum of one more story may be exposed in the rear of a building compared to what is visible in the front of a building. For height of signs, see Article VII entitled "Signs."
An area used for the takeoff and landing of helicopters,
together with any related support facilities, such as for maintenance,
refueling and storage. This chapter is not intended to regulate the
nonroutine emergency landing and takeoff of aircraft to pick up seriously
injured or ill persons.
PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public. This is also known as a "helistop."
PUBLIC HELIPORTA heliport that does not meet the definition of a private heliport.
A routine, accessory and customary nonresidential use conducted
within or administered from a portion of a dwelling or its permitted
accessory building that:
Is conducted primarily by a permanent resident of the dwelling;
Meets the definition, standards and limitations of a general home occupation or a light home occupation within the following definitions and § 440-42;
Only includes uses that are clearly incidental and secondary
to the principal residential use; and
Does not include any retail or wholesale sales on the premises
(other than over the phone and through the mail) nor any industrial
use (other than custom crafts and sewing).
See list of prohibited home occupations in § 440-42. A home occupation shall comply with the limitations on parking of commercial vehicles that is stated in § 440-42D under "Residential accessory structure." Only one home occupation shall be permitted per dwelling unit. A maximum of two persons who are not related to each other may work in any home occupation.
A type of home occupation that meets both of the following standards:
Only involves persons working on the premises who are permanent
residents of the dwelling plus a maximum of one nonresident working
on the premises at any one point in time; and
Does not meet the definition of a "light home occupation" (as listed below) and/or the standards for a light home occupation as listed in § 440-42.
A type of home occupation that complies with all of the following
standards:
Only involves persons working on the premises or routinely operating
from the premises who are permanent residents of the dwelling;
Does not involve more persons regularly visiting the premises for business purposes than specified in § 440-42, but instead primarily involves the operator visiting clients at their home or business;
Is limited to only the following types of activities:
Office-type work (such as writing, editing, drafting, tax preparation
and computer use);
Clerical work (such as typing, stenography, addressing and sending
mail);
Custom sewing and fabric and basket crafts;
Creation of visual arts (such as painting, sculpture or wood
carving);
Sales and surveys over the telephone;
Repairs to computers and computer peripherals; and
Activities an applicant proves to the satisfaction of the Zoning Officer are closely similar to the above activities and will be able to meet the requirements for a light home occupation as listed in § 440-42; and
A facility that provides support services for terminally
ill persons, but that does not primarily involve highly skilled medical
care. Such use may occur within a hospital, personal care center or
group home. However, if the use involves care of persons with illnesses
that can be contagious through the air or casual conduct, the use
shall be limited to within a hospital or nursing home.
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered a medical office. A hospital may involve
care and rehabilitation for medical, dental or mental health, but
shall not primarily include housing or treatment of the criminally
insane or persons actively serving an official sentence after being
convicted of a felony. A hospital may also involve medical research
and training for health care professionals. A hospital may include
a hospice for care of the terminally ill. See "care and treatment
center for youth," which allows a psychiatric hospital for youth.
A building or buildings, including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a boardinghouse and shall meet the
requirements of that use. See also "bed-and-breakfast" use. A hotel
or motel may also include a restaurant, meeting rooms, nightclub,
newsstand, gift shop, swim club or tavern, provided that such use(s)
is not the principal use of the property.
Serving only one or two families.
See "pets, keeping of."
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
[Added 11-19-2008 by Ord.
No. 2008-3]
The total area of all impervious surfaces on a lot (including
building coverage) divided by the total lot area.
Areas being voluntarily dedicated as common open space may be
included in the acreage for determining impervious coverage of an
adjoining lot.
The nonimpervious coverage may be partially or wholly met by
land that abuts the use, even if such land is in a different zoning
district, an adjoining municipality and/or an abutting lot, if such
applicant establishes a deed restriction on such land as permanent
open space and be so clearly stated on official recorded plans. In
such case, such land shall be properly maintained by the abutting
use, unless otherwise approved by the Board of Supervisors.
Area covered by roofs, concrete, asphalt or other man-made
cover which has a coefficient of runoff of 0.85 or higher. The Township
Engineer shall decide any dispute over whether an area is impervious.
Vehicle parking and loading areas constructed of stone shall be considered
impervious based upon future compaction by vehicles. Areas of land
paved for the sole purpose of noncommercial tennis courts, trails
or basketball courts or closely similar active outdoor recreation
may be deleted from impervious surfaces for purposes of determining
maximum impervious coverage under this chapter, unless they would
also be used for nonrecreational uses (such as parking). However,
those areas shall still count as impervious coverage for the purposes
of determining compliance with stormwater regulations.
Any land area characterized by any or all of the following:
Wetlands as defined by criteria of the U.S. Department of Interior,
Fish and Wildlife Service;
Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant
plant and animal species and communities that are listed as Pennsylvania
threatened or Pennsylvania endangered; and
PNDI confirmed extant plant and animal species and communities
that have a state rank of S1 or S2.
Structure(s) used for housing, exercising and/or feeding
livestock.
The LI/B and ME/I Districts.
Includes manufacturing, distribution, warehousing and other
operations of an industrial nature, and not primarily of a commercial,
institutional or residential nature.
A use which would otherwise meet the definition of a group home except that it includes more residents than permitted by the group home standards of § 440-41. Such use may or may not occur within a dwelling unit. This term shall not apply to a care and treatment center for youth, which is addressed as a separate use.
An institution which provides, on a regular basis, health-related
care and services to resident individuals who do not require the degree
of care and treatment which a hospital or skilled nursing facility
is designed to provide but who, because of their mental or physical
condition, require health-related care and services above the level
of room and board. Intermediate care facilities exclusively for the
mentally retarded, commonly called "ICF/MR," shall be considered intermediate
care facilities for the purpose of this chapter. In the event that
the Pennsylvania statute defining this term is amended, or further
amended, then, in that event, this term shall be redefined as set
forth in the statute (35 P.S. § 448.802a, as amended).
Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers and building materials other than materials permitted under § 440-36E. Junk shall not include a) solid waste that is temporarily stored as is customary in an appropriate container that is routinely awaiting collection and disposed of in a manner consistent with state regulations; b) toxic wastes; c) grass clippings, leaves, tree limbs or similar yard waste materials; or d) items clearly awaiting imminent recycling at an approved recycling facility.
Includes any vehicle or trailer that meets any of the following
conditions:
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle clearly
needing only minor repairs;
Cannot be towed, in regards to a trailer designed to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body or chassis;
and/or
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
See also the definition of "unregistered vehicle."
Land or a structure used for the collection, storage, dismantling,
processing and/or sale, other than within a completely enclosed building,
of material of one or more of the following types:
Junk (see definition).
A greater number of junk vehicles than is permitted under § 440-62 that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station.
One or more mobile/manufactured homes that are not in a habitable
condition.
Junk stored within a completely enclosed building for business
purposes shall be considered a warehouse.
A junkyard specifically shall include, but not be limited to,
any metal scrapyard or auto salvage yard.
The keeping of a greater number of dogs and/or cats than
are permitted under the keeping of pets or crop farming provisions
of this chapter. A kennel may also serve other animals. A nonprofit
animal shelter is a type of kennel.
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months) or authorized officers of a partnership
or corporation that is a landowner.
A residential use designed and operated exclusively for adults
of 55 years of age or older and/or physically handicapped persons
that includes a nursing home and certain limited support facilities
intended specifically to serve the needs of these residents.
Illumination that passes from the source through a translucent
cover or shade.
The conversion of an existing single-family detached dwelling into a light business use, as specified in the standards for such use in § 440-41.
The street right-of-way line. This shall be the future street
right-of-way line, if one is required to be established.
The raising and keeping of livestock, horses, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the keeping of pets section of § 440-42 and beyond what is allowed within the definition of "crop farming." For the purposes of this chapter, the "keeping of livestock" shall have the same meaning as "animal husbandry." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
LIVESTOCK, INTENSE RAISING OFA raising of livestock use involving an average of 2,000 pounds or more of live weight per acre of livestock or poultry, on an annualized basis.
A facility that provides skilled or intermediate nursing
care or both levels of care to two or more patients, who are unrelated
to the nursing home administrator, for a period exceeding 24 hours.
A road or street with a continuous center line which has
no beginning or end.
A contiguous separate parcel of land that is recorded or
that will be recorded after Township final subdivision approval in
the office of the County Recorder of Deeds. A parcel under common
ownership that is completely separated into two parts by a public
street shall be considered to be one tract but two lots.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet).
For the purposes of determining compliance with the minimum
lot area, the following shall be excluded:
Areas within the designated future or existing legal rights-of-way
of:
Areas that are currently or will be required to be dedicated as common open space on a separate lot (NOTE: Proposed common open spaces are not required to be excluded in determining density of apartments or townhouses under § 440-41).
The following land areas shall be excluded for the purposes
of determining the minimum lot area and the maximum density for residential
uses: land beneath or within 50 feet of each side of overhead electrical
transmission lines of 35 kilovolts or greater capacity and the towers/poles
supporting such lines.
The average horizontal distance between the front and the
rear lot lines, measured through the approximate center of the lot.
The property lines bounding the lot. Wherever a property
line borders a public street, the lot line shall be considered to
be the existing street right-of-way line.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing street right-of-way. See flag lot provisions in § 440-79B.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall. Measurement shall be
by a single continuous line, not cumulative areas of footage.
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a corner lot if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135°.
An irregularly shaped lot that does not meet defined lot frontage and is characterized by an elongated extension from a street to the principal part of the lot. See § 440-79B.
A lot other than a corner lot.
A lot resulting from the merger of two or more abutting parcels of land, at least one of which was a nonconforming lot, that were held under single ownership. See § 440-79C(2) which restricts such parcels from being sold separately.
A type of through lot that only has vehicle access onto the
less heavily traveled street.
A lot that abuts two approximately parallel streets.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The making, with substantial use of machinery, of some physical
product for sale, and/or associated assembly, fabrication, cleaning,
testing, processing, recycling, packaging, conversion, production,
distribution and repair, with substantial use of machinery, of products
for sale. This term shall not include the following: retail sales,
personal services, solid waste disposal facility, trucking company
terminal, mineral extraction, or petroleum or kerosene refining or
distillation.
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person(s)'s skin other
than the face or neck by another person(s) that is related to certain
monetary compensation, and which does not involve persons who are
related to each other by blood, adoption, marriage or official guardianship.
An establishment that meets all of the following criteria:
Massages are conducted.
The person conducting the massage is not licensed as a health
care professional or a licensed massage therapist by the state.
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor.
The massages are conducted within private or semiprivate rooms.
The use is not clearly a customary and incidental accessory use to a permitted exercise club or to a high school or college athletic program. See § 440-41.
A use involving the treatment and examination of patients
by state-licensed physicians or dentists, provided that no patients
shall be kept overnight on the premises. This use may involve the
testing of tissue, blood or other human materials for medical or dental
purposes.
An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. This use shall not include a target range for outdoor shooting of firearms, boardinghouse, tavern, restaurant or retail sales unless that particular use is permitted in that district and the requirements of that use are met. See § 440-41. See also "after-hours club."
The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. "Mineral extraction" includes, but is not limited to, the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction. See § 440-41.
A parcel of land under single ownership which includes three or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a mobile home park. See § 440-41.
See "hotel."
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[9]
An institution, building, or room for preserving and exhibiting
artistic, historical, or scientific objects.
A noncommercial preservation of land for providing wildlife
habitats, forests or scenic natural features that involves no buildings
other than a nature education and/or study center and customary maintenance
buildings.
A receptacle designed to accept newspaper deliveries, mounted
on a support post made of wood, metal, plastic, PVC or like material.
Stone, concrete, brick or block structures are not considered a newspaper
receptacle, or permitted as a support for said receptacle.
[Added 3-21-2007 by Ord.
No. 2007-5]
A tavern and/or restaurant that has a primary or substantial
portion of the total trade in the sale of alcoholic beverages, which
frequently charges admission or cover charges for entertainment or
music for dancing, and which has a capacity of more than 250 persons
for such entertainment or dancing. See also the definition of an "after-hours
club."
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
Not for profit.
For other than residential purposes.
A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter, or amendments hereinafter enacted, or is legally established through the granting of a variance by the Zoning Hearing Board, and which is otherwise not merged pursuant to the provisions of § 440-82.
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such chapter or applicable amendment(s). Such nonconforming structures include, but are not limited to, signs. See § 440-82.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See § 440-82.
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 440-41.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical or dental offices, clinics
or laboratories, photographic studios and/or television or radio broadcasting
studios.
The map as adopted by the Board of Supervisors as part of this chapter, stating the intended classification of streets of the Township. See definition of "street classification." This map may be amended by resolution of the Board of Supervisors. Such classifications may be different from the classifications in Chapter 375, Subdivision and Land Development, of this Code that are used to determine needed road improvements.
The map as adopted by the Board of Supervisors which designates
the location and boundaries of zoning districts.[10]
An individual sewage system which uses a system of piping,
tanks or other facilities for collecting, treating and disposing of
sewage into a soil absorption area or spray field or by retention
in a retaining tank. [All new principal structures and additions to
existing principal structures (including accessory uses) must have
a septic system designed by a qualified person and approved by the
Township Sewage Enforcement Officer.]
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public;
Is covered by a system that ensures perpetual maintenance, if
not intended to be publicly owned;
Will be deeded to the Township and/or deed restricted to permanently
prevent uses of land other than common open space and noncommercial
recreation; and
Does not use any of the following areas to meet minimum open
space requirements:
Existing or established future street rights-of-way;
Vehicle streets or driveways providing access to other lots;
Land beneath building(s) or land within 20 feet of a building
(other than accessory buildings and pools clearly intended for noncommercial
recreation and other than agricultural buildings and a farmstead which
are permitted within land approved by the Township for agricultural
preservation);
Off-street parking (other than that clearly intended for noncommercial
recreation);
Area(s) needed to meet a requirement for an individual lot;
Area(s) deeded over to an individual property owner for his/her
own exclusive use, except for land approved by the Township for agricultural
preservation;
For land intended to be open to the public, that does not have
provisions for entry with a twenty-foot minimum width by pedestrians
from a street open to the public or from an adjacent common open space
area that has access to such a street;
Land that includes a stormwater detention basin, except for
a basin or portions of a basin that the applicant proves to the satisfaction
of the Board of Supervisors would be reasonably safe and useful for
active or passive recreation during the vast majority of weather conditions;
Portions of land that have a width of less than 20 feet;
Land that includes commercial recreation uses, except as may
specifically be permitted to be counted towards a common open space
requirement by a specific provision of this chapter; and
Land that includes a central sewage treatment plant. See § 440-89.
The North Whitehall Township Zoning Ordinance, including
the Official Zoning Map and Official Street Classification Map, as
amended.[11]
A special use district, defined by special physical characteristics
or designated for specific uses, either graphically depicted on a
map or described by metes and bounds, whose uses, conditional or by
right, are permitted in the underlying or base zoning district.
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement unless
otherwise stated.
Those facilities designed and used for recreation purposes
by the general public that are 1) owned and operated by a government
or governmental agency/authority; or 2) are operated on a nonprofit
basis. This definition is meant to include the widest range of recreational
activities, excluding adult entertainment uses, amusement arcades,
offtrack betting parlors and shooting ranges.
An outdoor area that is not covered by a permanent roof and that is used as an accessory recreation area by the occupants of a building. See § 440-79.
All areas covered by gravel and/or impervious surfaces, other than areas covered by buildings, bicycle paths and pedestrian sidewalks. See § 440-61H.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
A document issued by the proper Township authority authorizing the applicant to undertake certain activities. See the descriptions of the types of permits in § 440-10.
Uses that do not have to be approved as uses by the Zoning
Hearing Board or the Board of Supervisors. (A site plan review by
the Planning Commission and the Board of Supervisors is required for
certain permitted by right uses to ensure that the use would comply
with all Township ordinances.) A nonconforming use shall not be considered
to be a permitted by right use, a special exception use or a conditional
use.
A residential use providing residential and support services
primarily to persons who are over age 60, physically handicapped and/or
developmentally disabled and that is licensed as a personal care center
by the Commonwealth of Pennsylvania. See also definition of "hospice."
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber- and beauty shops, photography studios, shoe repair shops,
household appliance repair shops, and other similar establishments,
but shall not include any adult uses, as herein defined.
The keeping of domestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 440-42.
An area of open space and pavilions that is not publicly
owned and is used for group picnics and related outdoor recreation,
and which is used on a commercial basis.
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. A place of worship may include one dwelling unit as an accessory use. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in § 440-41.
A development meeting all of the requirements of § 440-38.
An area of land to be developed under a single completely
unified development plan for a number of dwelling units, or a combination
of residential and certain permitted nonresidential uses, and which
under any applicable PRD provisions of this chapter is allowed to
vary from the lot area, bulk, type of dwelling, use, density, intensity
and/or lot coverage regulations established by the applicable zoning
district, and which provides common open space and such other improvements
as provided in any PRD provisions of this chapter and other applicable
Township ordinances.
The Planning Commission of North Whitehall Township.
The indoor and/or outdoor raising of trees, plants, shrubs
or flowers for sale, but not primarily including commercial forestry
for lumber. A plant nursery may include the growth of trees for sale
for internal decoration of homes, such as a Christmas tree farm.
A swimming pool of less than 48 inches in height. Portable
swimming pools are not regulated by this chapter.
See "nature preserve."
Land used for agricultural purposes that contain soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resources Conservation Service's county soil
survey.
The building in which the principal use of a lot is conducted.
Any building that is physically attached to a principal building shall
be considered part of that principal building.
The types of uses, structures, or buildings which are specifically
permitted and allowed for a property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
Includes printing, publishing, lithographing, photocopying,
bookbinding and similar uses.
A correctional institution within which persons are required
to inhabit by criminal court actions or as the result of a criminal
arrest.
A function which involves only the cleaning, sorting, sizing
and/or packaging of products and materials for sale or profit.
Has the same meaning as "lot line."
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 on zoning- or planning-related matters.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. (October 15, 1998, P.L. 729, No. 93), known as the "Sunshine
Act," and subsequent amendments.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notice in accordance with the Pennsylvania Municipalities
Planning Code and Second Class Township Code.[12]
A municipal sanitary sewer or a comparable common or package
sanitary facility approved and permitted by the Pennsylvania Department
of Environmental Protection. Such systems are capable of serving multiple
users.
A use or extension thereof which is operated, owned or maintained
by public utility corporation, municipality or municipal authority
or which is privately owned and approved by the Pennsylvania Public
Utility Commission for the purpose of providing public sewage disposal
and/or treatment; public water supply, storage and/or treatment; or
for the purpose of providing the transmission of energy or telephone
service.
Land and/or facilities that are:
A use primarily involving events with animals with timekeeping
or other competitions of speed.
A use primarily involving motor-propelled vehicles other
than upon driving on a public street, and involving speeds routinely
exceeding 20 miles per hour that involves some element of timekeeping
or other competition.
Leisure-time uses that are principally operated for commercial
purposes.
Noncommercial leisure-time uses that are only open to members,
guests or some specific groups.
See the definition in Chapter 242, Floodplain Management, Article VIII, Terminology. This may include a vehicle that is self-propelled, towed or carried by another vehicle, but shall not include camper caps that fit over pickup trucks. This term shall also include the following: watercraft with a hull longer than 15 feet, motor homes, travel trailers, all-terrain vehicles and snowmobiles. See § 440-42.
An outdoor area used for the storage of three or more recreational
vehicles. Retail sales or major repair work shall only be allowed
if those uses are permitted in that zoning district.
See "bulk recycling center."
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted by right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted by right accessory use to a
public or private primary or secondary school, a place of worship,
a Township-owned use, an emergency services station or a college or
university.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
brother, sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin. This term specifically shall not include
relationships such as second, third or more distant cousins. See definition
of "dwelling unit."
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
A procedure by which services or personal property are temporarily
transferred to another person for a specific time period for compensation.
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, garage sale, basketball backboard, household swimming pool, volleyball court, gazebo, storage shed, greenhouse, children's playhouse, children's play equipment or a permitted apartment for care of relative. For skateboard ramps, see residential accessory structure standards in § 440-42. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.
The CR, AR, AR-I, AR-L, SR and VR Zoning Districts.
The lot line of a lot that:
An establishment that sells ready-to-consume food or drink and
that routinely involves the consumption of at least a portion of such
food on the premises.
A restaurant may include the accessory sale of alcoholic beverages.
However, if such sale is a primary or substantial portion of the total
trade, the requirements of a tavern or nightclub, as applicable, must
be met.
A restaurant shall not include a use meeting the definition
of a "nightclub" or an "after-hours club," unless the requirements
for such use are also met.
A restaurant that allows customers to place orders and receive
their orders while seated in their own vehicles. Such restaurant may
or may not also include indoor service.
A restaurant that allows customers to place orders and receive
their orders through a window with no indoor seating provided.
A use involving:
The retail sale of only horticultural products and/or agricultural
products, in addition to any handmade crafts made by the operator
of the market and his/her immediate family; and
Where a minimum of 50% of the total amount of products offered
for sale were produced by the operator of the market or his/her immediate
family.
See § 440-42.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
A residential development limited exclusively to persons
aged 55 years and older and their spouses.
A principal use whereby equestrian instruction is offered
and horses are kept, bred, trained and/or exercised upon land not
occupied by the owner of the horse(s).
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the existing street right-of-way,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Township or the state presently owns or holds another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
This term also shall mean the actual line separating an abutting
lot from such existing street right-of-way.
Width. The existing street right-of-way line shall, in absolutely
no case, be located at less than 16.5 feet from the center line of
any existing public street. The right-of-way line for any public alley
within the Township shall be an absolute minimum of 10 feet from the
center line of any existing alley.
STREET RIGHT-OF-WAY, FUTURE OR ULTIMATEAn area or strip of land, and the line separating it from any abutting lot, which land is to be dedicated or is required to be defined or reserved for future dedication or use as a street and/or for related public improvements, including, but not limited to, utilities.
The terms "ultimate right-of-way," "right-of-way reserved for
future dedication" and "future right-of-way" each shall have the same
meaning.
See § 440-81.
In those instances or locations where a future right-of-way
is not defined or required to be defined or reserved, then the term
"future right-of-way" shall have the same meaning as "existing street
right-of-way."
A land area of vegetation that is maintained along the shore
of a stream or river to protect water quality and stabilize stream
channels and banks.
See definition of "street."
See "boardinghouse."
An area described in a municipal or multimunicipal plan within
which rural resource uses, including, but not limited to, agriculture,
timbering, mining, quarrying and other extractive industries, forest
and game lands and recreation and tourism, are encouraged and enhanced,
development that is compatible with or supportive of such uses is
permitted, and public infrastructure services are not provided except
in villages.
A type of solid waste disposal area involving the depositing of solid waste on land, compacting the waste, covering the waste with soil and then compacting the soil, and which has a permit to operate as a sanitary landfill from the state. See § 440-41.
A ground-based reflector, usually parabolic in shape, that receives electronic signals from a satellite, and that does not meet the definition of a "commercial communications antenna." This term shall also include any pedestal or attached structure. Satellite dish antennas with a total dish diameter of 3.5 feet or less shall not be regulated under this chapter. See § 440-42.
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 440-79D.
Goods and products that are generally offered for retail
sales to the public during specific periods of any calendar year.
Examples include, but are not limited to, holiday decorations, nursery
and garden stock, home and garden supplies and equipment, outdoor
play and recreation equipment, etc.
See under "dwelling" units.
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
Materials pumped from a residential on-lot septic treatment
system that was installed and is maintained in compliance with DEP
regulations.
The line within a lot defining the required minimum distance
between any structure to be erected or use to be developed and the
adjacent future street right-of-way or exterior lot line (when the
property is not abutted by a right-of-way). Such line shall be measured
at right angles from and parallel to the front lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 440-79B.
Unless otherwise stated, setback distances are for both accessory
and principal structures.
Private streets. For a building setback measured from a private
street, the setback shall be measured from the existing right-of-way
of such a street, if a right-of-way exists. If a private street does
not have a right-of-way, the setback shall be measured from the edge
of the cartway.
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, state and
federal requirements.
CENTRAL SEWAGE SERVICEService prior to occupancy of a use by an approved sewage system serving a minimum of 20 principal uses and/or dwellings.
PUBLIC SEWAGE SERVICECentral sewage service prior to occupancy of a use by a central sewage treatment plant that is owned by a municipality or a municipal or county authority.
ON-LOT SEWAGE SERVICEAny form of sewage service permitted under local, state and federal law that does not meet the definition of "central sewage service."
Refer to DEP regulations under 25 Pa. Code § 73.1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The spreading on land of the coarse screenings, grit and dewatered or air-dried sludge, septic and holding tank pumpings and other residue from sewage treatment systems. See § 440-41.
Refer to DEP regulations under 25 Pa. Code § 73.1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A structure or building which is less than or equal to 200
square feet and is used only for the storage of lawn equipment and
personal items. Any other type of use other than storage shall not
be allowed within the shed. Any building larger than 200 square feet
shall be regulated as an accessory structure or building and must
conform to accessory structure or building setbacks.
A place where firearms and other projectile-type weapons
(e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows,
etc.) can be shot for recreation, competition, skill development and/or
training. Nothing within this definition shall be construed to include
hunting when conducted in accordance with the rules and regulations
of the Commonwealth of Pennsylvania.
A use involving a minimum of five retail or personal service
uses or establishments and that primarily involves retail sales. A
shopping center may, in addition, include a mix of permitted personal
service, restaurants, office and/or commercial recreation uses.
An area required to be kept free of certain visual obstructions to traffic. See § 440-79.
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§ 440-74 and 440-66. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.
See § 440-74.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located. See also "billboard."
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
Any facility, or part of a facility, in which professionally
supervised nursing care and related medical and other health services
are provided for a period exceeding 24 hours for two or more individuals
who are not in need of hospitalization and are not relatives of the
nursing home administrator, but who, because of age, illness, disease,
injury, convalescence, or physical or mental infirmity, need such
care. In the event that the Pennsylvania statute defining this term
is amended, or further amended, then, in that event, this term shall
be redefined as set forth in the statute (35 P.S. § 448.802a,
as amended).
A use involving the killing of animals for the production
of food or some other commercial product. A commercial stockyard or
similar facility that primarily involves the bulk storage or transferring
of animals on the way to slaughter shall also be considered a slaughterhouse.
This shall not include a custom "butcher shop" that does not involve
killing of animals (which is a retail sales use).
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any sewage sludge from a municipal treatment plant or
pumpings from a private residential septic system into or on any land
in the Township, provided that the spreading of manure generated from
conventional agricultural activities and/or mushroom compost on cropland
or farmland for agricultural purposes shall not be included within
this term, and such activity shall be regulated by the Pennsylvania
Nutrient Management Act.[14]
The latest published version of the United States Department
of Agriculture's Soil Survey for Lehigh County, Pennsylvania.
An attorney appointed by the North Whitehall Township Board
of Supervisors.
Any garbage, refuse, sewage sludge or other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from industrial, institutional, public, household, commercial or mining
activities.
For the purposes of this chapter, the following materials shall
not be considered to be solid waste:
Portions of trees or shrubs, leaves, mulch and rocks;
Substances legally disposed of into the air or water through
a federal or state pollution discharge permit;
Customary residual wastes from a permitted mineral extraction
use; or
Materials of a character such as paper, plastic, aluminum and
metal that have been separated from the waste stream that is clearly
awaiting imminent recycling.
Land or structures where solid waste is processed, incinerated or disposed of. This shall only include the following facilities, each of which shall be required to have all permits required by the state in place prior to initiation of the use: sanitary landfill, solid waste transfer facility or solid-waste-to-energy facility. See § 440-41.
The following uses for the purposes of this chapter shall not
be considered to be a solid waste disposal facility: junkyard, recycling
collection center, leaf composting, clean fill or septage or sludge
application. Also see the definitions of many of these terms in Title
25 of Pennsylvania Code DEP regulations.
A type of solid waste disposal facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste. See § 440-41.
A type of solid waste disposal facility that utilizes waste (such as municipal waste, sludge or any other nonhazardous commercial, residential or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs. See § 440-41.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 440-26.
One or more of the following:
See "keeping of livestock." The housing of one or two horses shall be considered an accessory use under the "keeping of pets" (see § 440-42).
The Commonwealth of Pennsylvania and its agencies.
The wall of a unit of occupancy which faces the front yard
within a shopping center or similar commercial use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A level of a building routinely accessible to humans having
an average vertical clearance from floor to ceiling of 6.5 feet or
greater shall be considered a full story, except as provided for in
the definition of "basement." Any level of a building having an average
vertical clearance from floor to ceiling of less than 6.5 feet shall
be considered a half-story.
A public or private thoroughfare which provides the principal
means of vehicle access to three or more lots or that is an expressway,
but not including an alley, a driveway, or access drive. The terms
"street," "highway" and "road" have the same meaning and are used
interchangeably.
The center of the existing street right-of-way or, where
such cannot be determined, the center of the traveled cartway.
The functional classification of streets into the following
types, as shown on the Official Intended Future Street Classification
Map[15] at the end of this chapter for existing streets and as
determined by the Township Engineer for future streets:
EXPRESSWAYDesigned for large volumes and high-speed traffic with access limited to grade separated intersections.
MAJOR ARTERIAL STREETDesigned for large volumes and high-speed traffic with access to abutting properties restricted.
MINOR ARTERIAL STREETDesigned to carry a moderate volume of fast-moving traffic from collector and local streets to major arterial streets.
COLLECTOR STREETDesigned to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to minor arterial streets and to community facilities and to provide access to the abutting properties. Major collector streets are intended to carry higher amounts of traffic than minor collector streets.
LOCAL STREETDesigned to provide access to the abutting properties and a route to collector routes.
MARGINAL ACCESS STREETA type of local street which is parallel to and adjacent to an expressway, major arterial street or minor arterial street, and which provides access to abutting properties and protection from through traffic.
CUL-DE-SAC STREETA type of local street intersecting another street at one end and terminating in a vehicular turnaround at the other.
A street which is planned in a proposed subdivision or land
development plan or approved within a subdivision or land development
plan, but not yet open to traffic.
See "right-of-way."
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land, subject to
the following specific standards:
The following specifically shall be considered to be structures:
buildings, signs, stadiums, platforms, communications towers, walkways,
porches or decks that are covered by a permanent structure, swimming
pools (whether above or below ground), storage sheds, carports, and
garages.
Any structure shall be subject to the principal or accessory
setbacks of this chapter, as applicable, unless specifically exempted
or unless a specific setback is established for that particular type
of structure by this chapter.
A ground-level parking lot shall not by itself be considered
to be a structure, provided that all other requirements of this chapter
are met.
A road or street terminating at an abutting property line
and providing no outlet until the abutting land is developed and is
intended to facilitate future access.
The definition in Chapter 375, Subdivision and Land Development, as amended, shall apply.
Chapter 375, Subdivision and Land Development, of this Code, as amended.
A man-made area with walls of man-made materials intended to enclose water at least 48 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 440-42.
A man-made area with walls of man-made materials intended to
enclose water at least 30 inches deep for bathing or swimming and
that does not meet the definition of a "household" swimming pool.
This includes:
See also the provisions for recreational facilities limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of § 440-36.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of a "nightclub" or an "after-hours club." The sale
of food may also occur. See also the definition of "restaurant."
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
An outdoor area devoted primarily to the showing of motion
pictures or theatrical productions to patrons seated in motor vehicles
or outdoors.
The storage of more than 250 tires on a lot, except for manufacture or wholesale or retail sales of new tires. See outdoor storage in § 440-42.
See "dwelling" types.
North Whitehall Township, Lehigh County, Pennsylvania.
In certain zoning districts, the tract is the minimum amount
of adjacent land area (which may be separated by alleys, streets or
waterways) within the Township that is required to be approved as
part of an overall preliminary subdivision or land development plan
in order to allow either certain types of uses or to allow the creation
of lots smaller than a certain specified lot area. An area of land
shall meet the following requirements in order to be considered a
tract:
Shall only include lands within an approved preliminary plan
that includes a well-defined internal circulation system, maximum
coordination between lots and carefully limited points of vehicular
access onto streets exterior to the tract; and
Shall only include lands that at the time of the approval of
the preliminary plan have one landowner (as defined in this section),
unless the applicant proves to the satisfaction of the Zoning Officer
that there is a legally binding commitment between two or more landowners
to coordinate the access and development of the tract as shown in
the approved preliminary plan.
A facility that a) is primarily intended for education of
a work-related skill or craft or a hobby; and b) does not primarily
provide state-required education to persons under age 16. Examples
include a dancing school, martial arts school, cosmetology school
or ceramics school.
A person involved with building trades, such as, but not
limited to, plumbing, electrical work, building construction, building
remodeling, and roofing.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
A use (other than a prison or a permitted accessory use in
a hospital) providing housing facilities for persons who need specialized
housing, treatment and/or counseling for stays of less than one year
and who need such facilities because of:
Criminal rehabilitation, such as a criminal halfway house or
a treatment/housing center for persons convicted of driving under
the influence of alcohol;
Addiction to alcohol and/or a controlled substance; or
A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others. See § 440-41.
A commercial use that primarily involves providing fuel and
other services to tractor trailer trucks. This use may also involve
providing repair services, sale of gifts and various household items,
a restaurant, showers and a motel.
Any collection of heavy-duty vehicles owned and operated
for the purpose of transporting goods and materials.
A use involving a large variety of materials, including materials owned by numerous entities, being transported to a site to be unloaded primarily from tractor trailer trucks and reloaded onto tractor trailer trucks, but not stored at the facility. A use that primarily involves either loading materials from tractor trailers onto smaller trucks or loading materials from smaller trucks onto tractor trailers shall be considered a distribution use. See § 440-41. Any use that serves as the base of operations for or provides maintenance for a trucking company fleet shall be considered as a trucking company terminal.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
[Added 11-19-2008 by Ord.
No. 2008-3]
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker. This term shall not apply to vehicles
(such as licensed antique cars) for which state regulations do not
require an inspection sticker. The term also shall not include motor
vehicles displaying a license and inspection stickers that have each
expired less than 90 days previously.
A container approved by the USPS designed to accept postal
deliveries, mounted on a support post made of wood, metal, plastic,
PVC or like material. Stone, concrete, brick or block structures are
not considered a mailbox or permitted as a mailbox support.
[Added 3-21-2007 by Ord.
No. 2007-5]
A post or column made of wood, metal, plastic, PVC or like
material. The footprint of said post shall not exceed 144 square inches.
Stone, concrete, brick or block structures are not considered a mailbox
or newspaper receptacle support post.
[Added 3-21-2007 by Ord.
No. 2007-5]
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include, but are not limited to,
the following: activity within a structure, activity outside of a
structure, any structure, recreational vehicle storage or parking
of commercial vehicles on a lot.
The granting of specific permission by the Zoning Hearing
Board to use, construct, expand or alter land or structures in such
a way that compliance is not required with a specific requirement
of this chapter. Any variance shall only be granted within the limitations
of the Pennsylvania Municipalities Planning Code.[16] See Article I.
A building routinely used for the treatment of animals and
related accessory housing or boarding of sick animals. Treatment of
large animals includes all types of animals, including horses, cows
and pigs. Housing of primarily healthy animals shall be considered
a kennel and shall meet the requirements of that use.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials that
have been manufactured, assembled, or harvested, or are being stored
for manufacture, assembly or processing, by the owners of the warehouse.
Office space associated with each warehouse building may be included.
This chapter categorizes warehouses into the following subcategories:
[Amended 11-8-2021 by Ord. No. 2021-4]
SMALL WAREHOUSEAny warehouse, as defined, with a gross floor area of less than 25,000 square feet.
LARGE WAREHOUSEAny warehouse, as defined, with a gross floor area of 25,000 square feet or more.
A building or group of buildings primarily used for the indoor
storage of a large variety of materials, including materials owned
by numerous entities, being transported to a site to be unloaded primarily
from tractor trailer trucks and reloaded onto tractor trailer trucks
and may or may not include storage of these materials at the facility.
Office space associated with each warehouse building may be included.
Provision of potable water to a use.
CENTRAL WATER SERVICEService prior to occupancy by a central water system that transmits water from a common source and is operated by:
A water system in municipal ownership; or
A water system that meets the applicable criteria below regarding
private ownership and that already serves and/or receives municipal
approval to serve 30 or more dwellings or principal uses.
|
"Public water service" is central water service by a system
in municipal ownership.
|
ON-LOT OR NONPUBLIC WATER SERVICEService prior to occupancy by a water system that does not meet the definition of a "central water service." In most cases, this would involve an individual well serving an individual lot, but may also include a common well or another duly approved system.
A system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the Township. See § 440-91.
WATER SYSTEM, CENTRALA water system that provides central water service.
MUNICIPAL OWNERSHIP OF WATER SYSTEMA central water system owned by any of the following:
North Whitehall Township;
Another municipality; or
A municipal authority, such as the Lehigh County Authority and/or
the Northampton Borough Municipal Authority.
Establishment. Unless the provider is North Whitehall Township,
the entity providing the municipal water service shall be duly organized
and lawfully existing in accordance with the General Municipal Laws
of the Commonwealth of Pennsylvania, and the appropriate municipal
code or the Municipality Authorities Act of 1945 (53 P.S. § 300
et seq.), each as amended, as applicable.[17]
PRIVATE OWNERSHIP OF CENTRAL WATER SYSTEMA central water system that is owned by a legal entity which:
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water carrying
or holding surface water, whether natural or artificial.
All the land from which water drains into a particular watercourse.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
The official U.S. Army Corps of Engineers' definition of wetlands:
"Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas." Wetlands
are technically defined on the basis of types of vegetation and soils
and the level of the water table below the surface. The U.S. Army
Corps of Engineers and DEP enforce the wetlands regulations.
Sales that primarily involve transactions with other businesses
and their agents and not to the general public.
The blades, plus the hub to which the blades are attached,
that are used to capture wind for the purpose of energy conversion.
The wind rotor is mounted on a pole or tower or other suitable structure
along with other generating and electrical equipment to form a wind
turbine.
[Added 11-19-2008 by Ord.
No. 2008-3]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator and includes
the nacelle, wind rotor, tower, and pad transformer, if any.
[Added 11-19-2008 by Ord.
No. 2008-3]
An area not covered by buildings and that is on the same
lot as the subject structure or use and which is measured inward from
a lot line. Regulations of specific districts prohibit principal and
accessory structures within specified required minimum yard setbacks.
A yard which establishes the minimum setback for the closest portion of the subject structure, and which is measured from along the entire length of the side lot line, and which extends from the front lot line to the rear lot line. A structure shall not extend into the applicable minimum side yard setback, except as provided for in this chapter. See corner lot provision in § 440-77. Every lot shall include at least one side lot line, although such lot line may be regulated as a front yard under § 440-77.
A yard measured from along the front lot line (which is the
existing street right-of-way line where it abuts a street) and that
extends the full width of the lot from side lot line to side lot line.
The front yard shall be on a side that faces towards a public street, whenever one public street abuts the lot. See § 440-79C regarding flag lots.
When a lot abuts onto two or more public streets, the applicant may choose which is the front yard, unless the Zoning Officer determines that the front yard should follow the clearly predominant front yard orientation of the development of abutting lots. See corner lot requirements of § 440-79.
No accessory or principal structure shall extend into the required front yard, except as provided in this chapter. See special front yard provisions, including regarding corner lots, through lots and front yard exceptions, in § 440-79.
Every lot shall include at least one front lot line.
A yard extending the full width of the lot and which is always
measured from along the rear line and which establishes the minimum
setback for the subject structure, and which stretches between the
side lot lines parallel to the rear lot line. A principal building
shall not extend into the required rear yard setback for a principal
building, and an accessory structure shall not extend into the required
rear yard for an accessory structure, except as provided in this chapter.
Every lot shall include a rear lot line.
The Zoning Hearing Board of North Whitehall Township.
The Official Zoning Map of North Whitehall Township, Lehigh
County, Pennsylvania.[18]
The administrative officers charged with the duty of enforcing
the provisions of this chapter, and his/her officially designated
assistant(s).
The North Whitehall Township Zoning Ordinance, as amended.
[1]
Editor's Note: The definitions of "Class 1 ATV" and "Class
2 ATV," added 11-19-2008 by Ord. No. 2008-4 and which immediately
followed this definition, were repealed 12-16-2009 by Ord. No. 2009-4.
[2]
Editor's Note: The Pennsylvania Unit Property Act of 1963
was repealed 7-2-1980 by P.L. 286, No. 82. See now 68 Pa.C.S.A. § 3101
et seq.)
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: The definition of "dirt bike," added 11-19-2008
by Ord. No. 2008-4 and which immediately followed this definition,
was repealed 12-16-2009 by Ord. No. 2009-4.
[6]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[7]
Editor's Note: See 42 U.S.C. § 12211.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: A copy of the Zoning Map is included as an
attachment to this chapter.
[11]
Editor's Note: Copies of said maps are included as attachments
to this chapter.
[12]
Editor's Note: See 53 P.S. § 10101 et seq. and § 65101
et seq., respectively.
[13]
Editor's Note: The definition of "snowmobile," added 11-19-2008
by Ord. No. 2008-4 and which immediately followed this definition,
was repealed 12-16-2009 by Ord. No. 2009-4.
[14]
Editor's Note: The Nutrient Management Act, 3 P.S. § 1701
et seq., was repealed 7-6-2005 by P.L. 112, No. 38. See now the Nutrient
Management and Odor Management Act, 3 Pa.C.S.A. § 501 et
seq.
[15]
Editor's Note: The Street Classification Map is included as
an attachment to this chapter.
[16]
Editor's Note: See 53 P.S. § 10101 et seq.
[17]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (6-19-2001,
P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
[18]
Editor's Note: A copy of the Zoning Map is included as an
attachment to this chapter.
