[Ord. 168, 8/11/1992, § 1300]
Unless the context otherwise requires, the following definitions
shall be used in the interpretation of this chapter. Words used in
the present tense shall include the future; the singular shall include
the plural, and the plural the singular; the word "person" shall include
a corporation, partnership, trust, company, organization, firm and
association as well as an individual; the word "lot" shall include
the words "plot" and "parcel"; the term "shall" is mandatory, the
word "may" permissive; and the word "used" or "occupied" as applied
to any land or building shall be construed to include the words "intended,
arranged, or designed to be used or occupied."
[Ord. 168, 8/11/1992, § 1301; as amended by Ord. 189, 2/10/1998, § 13; by Ord. 195, 2/9/1999,
§ 3; by Ord. 213, 1/29/2004, Art. 13; by Ord. 221, 4/11/2006, Art. 2; by Ord. 223, 10/25/2006, Art. 5; by Ord. 227, 1/7/2008, Art. 2;
by Ord. 231, 10/14/2008; by Ord. 240, 8/12/2009, Art. 13; by Ord. 251, 12/14/2010, § 1; by Ord. 258, 7/10/2012, Art. 4;
by Ord. 260, 7/10/2012, Art. 4; by Ord. 265, 5/14/2013, Art. 5; by Ord. 266, 12/10/2013, Art. 7; by Ord. 271, 11/10/2015, Arts.
10 and 11; and by Ord. 276, 11/10/2015, Art. 7]
A flood that, on the average, is likely to occur once every
100 years, i.e., that has a 1% chance of occurring in any year.
The visible or otherwise apparent discontinuance of a nonconforming
use of a building or premises, or the removal of the characteristic
equipment or furnishings used in the performance of a nonconforming
use without its replacement by similar equipment or furnishings, or
the replacement of the nonconforming use or structure.
Other than a street, which provides vehicular access from
a street or public road to a lot; e.g., a driveway or private right-of-way.
For the purposes of this chapter, such facilities shall be
defined as enclosed activities incidental to any permitted retail
sales or consumer service establishment, not occupying more than 25%
of the gross floor area of the principal use.
For the purposes of this chapter, an accessory residential
dwelling unit shall be defined as a dwelling unit which is accessory
to the principal commercial use of a lot, i.e. an apartment(s) located
above or adjoining a retail establishment.
Those flood-prone parcels of land within Old Lycoming Township
which have been acquired by the Township, or may be acquired in the
future, as part of the Township's Hazard Mitigation Program.
Act 13 of 2012 (HB 1950, P.L. 87, § 1, approved
February 14, 2012, 58 Pa.C.S.A. § 3201 et seq., which is
known as Unconventional Gas Well Impact Fee Act, as well as any amendments
thereto and regulations promulgated thereunder.
An establishment having as a substantial or significant portion
of its stock in trade books, magazines and other periodicals (edited
videotapes, compact discs and audio tapes) which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to "specified sexual activities," or "specified anatomical
areas," or an establishment with a segment or section devoted to the
sale or display of such material.
A club, restaurant, bar, tavern, theater, hall or similar
establishment which features male and/or female entertainers whose
performance includes "specified sexual activities" and/or reveals
or displays "specified anatomical areas."
An area open to the air and not enclosed within any building
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" for observation
by patrons therein, which patrons observe such material from a location
within automobiles or other motor vehicles, seated in autos or on
outdoor seats.
Adult book stores, adult cabarets, adult drive-in picture
theaters, adult mini motion picture theaters, adult motion picture
theaters, adult walk in picture theaters, adult amusement arcades,
adult massage parlors, and similar establishments providing entertainment
of a sexual nature.
An enclosed building with a capacity for less than 50 persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" for observation
by patrons therein.
An enclosed building with a capacity of 50 or more persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or specified anatomical areas" for observation
by patrons therein.
An area neither enclosed nor open to the sky (e.g., a pavilion,
tent, etc.) where material presented is distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" for observation
of patrons therein.
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, data
and/or applications to the Zoning Officer or other designated Township
official for the purpose of obtaining approval thereof.
The sale of agricultural products or commodities including,
but not limited to, farm produce, seed, fertilizers, and farm machinery.
Any farm building or structure used for storing agricultural
equipment or farm produce, housing livestock or poultry, or processing
dairy products. Such buildings shall not be used for residential purposes.
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture,
aquaculture, forestry, animal and poultry husbandry, and the accessory
uses for packing, treating, or storing the produce; provided, however,
that the operation of any such accessory use shall be secondary to
that of the normal agricultural activities.
A permanent, public serviceway providing a secondary means
of access to lots, not intended for general traffic circulation.
As applied to a building or structure, a change or re-arrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or increasing in height, or the moving
from one location or position to another. An alteration does not include
maintenance and repair.
An establishment offering mechanical, electrical or video
amusement devices or games such as pinball machines, ping pong, darts,
rides, shooting galleries or similar devices to its patrons. Where
a substantial portion of the devices or games in the establishment
depict, describe or relate to materials of a sexual nature, then such
establishment shall be considered to be an adult amusement arcade.
1,000 pounds live weight of livestock or poultry animals,
regardless of the actual number of individual animals comprising the
unit.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
The surface included within a set of lines.
AREA, LOTThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement or future street right-of-way.
AREA, BUILDABLEThat portion of a lot bounded by the required front, side and rear yards.
AREA, BUILDINGThe total area of a lot covered by buildings, excluding uncovered porches, terraces and steps.
AREA, SITEThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
A commercial building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substance, batteries, tires, and other automotive accessories are supplied and dispensed to the motor vehicle trade, at retail, and where minor repair service may be offered. (See also compressed natural gas and alternate fuels fueling systems and § 27-418.)
Any building or land area used for the display and sale of
new or used automobiles or other motor vehicles, including warranty
repair or associated work.
A building or place of business where gasoline or any motor
vehicle fuel or oil or other lubricating substance, batteries, tires,
and other automotive accessories are supplied and dispensed to the
motor vehicle trade, at retail, and where minor repair service may
be offered.
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the 100-year flood or 1% annual chance
flood.)
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
That portion of a building partly underground but having less
than half of its clear height below the average lot grade. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if it is used for
business or dwelling purposes.
For floodplain management purposes, a basement shall be that
area of a building or structure having its floor subgrade (below ground
level) on all sides.
An establishment, dwelling, or part thereof, in which individual
rooms are offered for transient or temporary lodging purposes by the
owner or operator for limited periods of time. Breakfast may also
be provided for overnight guests as a part of the lodging fee.
For the purposes of this chapter, a berm shall be defined
as a natural or man-made mound of earth in excess of two feet in vertical
height used to shield or buffer properties from adjoining uses, roadways
or noise.
The Zoning Hearing Board of Old Lycoming Township.
A single-family dwelling or part thereof, where lodging is
provided for a fee by the owner or operator for no more than three
additional persons for periods of time exceeding one week, whether
or not provision has been made for meals.
An excavated area where material has been borrowed for use
as fill at another location, not including the excavation or removal
of fill or the grading of a site preparatory to the construction of
a building.
Yard space, either landscaped or planted, provided between high intensity activities and residential uses. (See § 27-506.)
(1) A structure having walls and a roof which is used for
the shelter, housing or enclosure of persons, animals or property,
including all mobile and manufactured homes and trailers to be used
for human habitation. The word building shall include any part thereof;
or (2) for the purposes of oil and gas operations, a building shall
be defined as an occupied structure with walls and a roof within which
persons live or customarily work.
BUILDING, ACCESSORYA detached, subordinate building or structure located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
BUILDING, PRINCIPALA building or structure in which the principal use of the site is conducted.
BUILDING, ATTACHEDA building which has one or more party walls in common with adjacent buildings.
BUILDING, DETACHEDA building which has no party walls and is surrounded by open space on the same lot.
That percentage of the plot or lot area covered by the principal
and accessory buildings, including covered porches, carports, and
breezeways, but excluding open patios, parking or loading areas.
A vertical distance measured from the average elevation of
the proposed finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck line of mansard roofs,
and to the mean height between eaves and ridge for gable, hip or gambrel
roofs, excluding chimneys, spires, towers, tanks and similar projections
which are attached to a building.
The line established by the required minimum setback from
the street right-of-way for buildings and/or structures. The building
line shall be the point at which the lot width shall be measured.
A building or group of buildings intended for occupancy only occasionally during the year, including buildings intended as camps, cottages, lodges, hunting cabins, vacation homes and similar facilities. For purposes of this chapter, a recreational vehicle shall not be considered to be a camp, lodge or vacation home. (See also § 27-412.)
A tract or tracts of ground, or portions thereof, used for
the purpose of providing two or more spaces for recreational vehicles
or tents for camping purposes, with or without a fee charged for the
leasing, renting, or occupancy of such space. Such facility may also
include a recreational vehicle park.
Any building or premises used for washing automobiles or
other motor vehicles.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three sides.
The area of a street or alley within which vehicles are permitted,
including traveled lanes and on-street parking spaces, but excluding
shoulders, curbs, sidewalks, or drainage swales.
A portion of a building partly underground, having half or
more than half of its clear height below grade. A cellar shall not
be considered in determining the permissible number of stories.
The certificate required by this chapter which indicates
that all work authorized by the project's zoning permit has been satisfactorily
completed, or in a case involving no construction, a proposed new
use is in compliance with the terms of this chapter.
A certificate issued by the Zoning Officer which acknowledges
the existence of a nonconforming use, structure, or lot on or before
August 11, 1992, thereby authorizing its right to continue until it
is eliminated or abandoned.
An alteration of a building or a change of use existing within
a building or on a lot to a new use which imposes other provisions
of this chapter.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor solid fuel furnace.
An area of unobstructed vision at street or driveway intersections
defined by lines of sight between points at a given distance from
the intersection of the street center lines.
An organization catering exclusively to members and guests
in premises or buildings for social, recreational or administrative
purposes, which are not conducted for profit. Clubs shall include,
but not be limited to, service organizations, hunting or sportsmen's
clubs, fraternal organizations, as well as community centers or grange
halls.
For the purposes of this chapter, a commercial vehicle shall
be defined as a vehicle which is commercial in nature and inseparable
from a business.
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or other wireless communications signals including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas. (See also § 27-438.)
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas.
A structure other than a building, such as a monopole, self
supporting or guyed tower, designed and used to support communications
antennas.
The complete plan for the development of Old Lycoming Township
as adopted by the Township.
Commercial facilities and equipment that provide a variety
of compressed natural gas and alternate fuels fueling options for
customers, whether or not accessory to another use, i.e., a convenience
market, automotive repair shop or similar establishment. (See § 27-418.2.)
See "natural gas compressor station."
A concentrated animal operation where the total number of
animal equivalent units is between 301 and 1,000. (See also § 27-423.B)
Agricultural operations where the animal density exceeds
two animal equivalent units per acre on an annualized basis. (See
also § 27-423.B)
A use permitted in certain districts, as provided for in
Part 3, which may only be authorized by the Township as set forth
in Part 10.
A building or group of buildings in which units are owned
individually, and the structure, common areas, and facilities are
owned by all the owners on a proportional, undivided basis.
See "new construction."
For the purposes of this chapter, temporary container storage
shall be defined as an accessory structure used on a temporary basis
for the collection or storage of personal items for ultimate disposal
or subsequent storage at an off-site location, including personal
on-demand storage ("PODS") units, dumpsters or similar containers,
but excluding accessory storage trailers as defined herein. (See § 27-427.D.)
A building or buildings and outdoor space used for the storage
of construction equipment and/or building materials. Such uses may
also include equipment repair facilities and office space.
A retail establishment selling a limited range of food products
and some household or other consumer goods. Such facilities generally
offer fewer items and maintain a smaller inventory of merchandise
than a grocery store or food market. In some cases, gasoline or related
automotive supplies are also offered on a self service basis.
A retail establishment contained in one or more buildings
offering a variety of products and services to the traveling public,
including consumer goods or merchandise, gasoline or related automotive
supplies, food and beverages, as well as ATM or similar convenience
services. For the purposes of this chapter, such products and services
may be offered by a single owner/operator or may be provided by multiple
retailers.
A dwelling or other building existing on or before August 11, 1992, which is converted for residential occupancy by one or more families. The specific number of permitted dwelling units shall be as set forth in § 27-447 of this chapter.
Lycoming County, Pennsylvania.
A private facility enrolling more than 12 young children
where tuition, fees or other forms of compensation for the care of
the children is charged and which is licensed, inspected and approved
to operate as a child day care center by the Pennsylvania Department
of Public Welfare. For the purposes of this chapter, such facilities
may also provide care for adult, elderly or handicapped persons.
For the purposes of this chapter, a decorative wall shall
be defined as a barrier or divider used in landscaping to provide
separation between planting areas, around trees and similar objects.
Decorative walls are generally less than four feet in height and shall
not be used as retaining walls. (See also retaining wall and § 27-505.2.B.)
The number of families, individuals, dwelling units, or housing
structures permitted to be constructed or situated on a specific unit
of land.
Area located in the Old Lycoming Township floodplain specifically
designated and described by a resolution of Old Lycoming Township
and the residents located within the designated and described area,
being declared eligible to apply for buyout of their property by FEMA,
PEMA and/or Old Lycoming Township for the purpose of reducing flood
damages.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes or manufactured housing, streets, and other
paving, utilities, filling, grading, excavation, mining, dredging,
or drilling operations, the storage of equipment and materials, and
the subdivision of land.
A zoning district as laid out on the Zoning Map, along with
the regulations pertaining thereto.
A temporary structure extending into a stream or other body
of water for the purpose of securing a boat(s).
Any animal normally or ordinarily domesticated or raised
in this area and climate as livestock or for work or breeding purposes
or normally or ordinarily kept as a household pet. For the purposes
of this definition, chickens being kept for noncommercial use may
be considered domestic fowl.
[Added by Ord. No. 288, 3/10/2020]
The digging or boring of a well, either vertically or horizontally,
for the purpose of exploring for, developing or producing oil or gas
or other hydrocarbons, or for the purpose of injecting gas, water
or other fluid or substance into the earth. (See also "oil or gas
well.")
See "well pad."
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
A building, structure, or shelter designed for or occupied
exclusively as the residence or sleeping place of one or more persons.
DWELLING, SINGLE-FAMILY DETACHEDA dwelling containing only one dwelling unit from ground to roof, having independent outside access and open space on all sides, except for a mobile home as defined below. (See "mobile home.")
DWELLING, SINGLE-FAMILY ATTACHEDA single dwelling unit from ground to roof, with independent outside access and a portion of one or two walls in common with an adjoining dwelling unit(s); i.e., a townhouse unit or garden apartment. For the purposes of this chapter, a single-family attached dwelling structure shall contain a minimum of three dwelling units. The maximum number of dwelling units per structure shall be as set forth in § 27-404 of this chapter.
DWELLING, TWO-FAMILY ATTACHEDAn attached building containing two independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement or cellar; i.e., a duplex.
DWELLING, MULTI-FAMILYA dwelling structure containing three or more dwelling units, with or without independent outside access, excluding single-family attached dwelling structures as defined herein; i.e. an apartment building. The maximum number of dwelling units per structure shall be as set forth in § 27-406 of this chapter.
DWELLING, IN COMBINATIONA dwelling in combination with an existing or permitted office or commercial use.
One or more rooms in a dwelling structure designed for the
use of one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities. Recreational
vehicles and facilities for transient lodging shall not be considered
as dwelling units for the purposes of this chapter.
A certificate prepared by a registered professional engineer,
land surveyor, or architect that certifies the precise elevation of
the first floor, including basement, of a building or enclosed structure
situated within an identified floodplain area, used for the purpose
of determining compliance with the terms of this chapter and the appropriate
rate to apply to an application for flood insurance.
A use which is located entirely within a building or structure.
An indoor facility operated as a business for profit, open to the public, for the purpose of providing entertainment including, but not limited to, bowling alleys, roller skating rinks, motion picture theaters, health clubs, and similar types of establishments, but excluding adult entertainment facilities. (See also § 27-415.)
Services necessary for the preservation of the public health
and safety including, but not limited to, the erection, construction,
alteration or maintenance, by public utility companies or governmental
agencies, of underground or overhead transmission or utility systems,
poles, wires, lines, mains, drains, sewers, pipes, conduits, cables,
hydrants, traffic signals or other similar equipment, excluding communications
antennas and towers as defined herein.
A mobile home park or subdivision for which the construction
of facilities for servicing the lots on which the mobile homes are
to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) was completed before December 10, 2013.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the mobile homes are to
be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads.)
An accessory residential dwelling unit intended to provide semi-independent living space for a dependent family member who requires some form of personal care or assistance in daily living, whether for reasons of health, handicap or age limitations. (See also § 27-437.)
A family residence where care is provided for no more than
six children unrelated to the resident household and which is registered
by the Pennsylvania Department of Public Welfare to provide such care.
For the purpose of this chapter, a farm shall be defined
as a parcel of land which is used for agricultural purposes or activities.
See "agricultural structure."
For the purposes of this chapter, a farm-related business
shall be defined as a commercial enterprise conducted on a farm which
is related to or supportive of an on-going agricultural operation
located on the same tract.
Any combination of materials creating an enclosure or barrier
to prevent intrusion from outside or straying from within.
A temporary inundation of normally dry land areas.
That portion of the 100-year floodplain outside the floodway,
excluding areas shown as approximate 100-year flood zones on the Township's
Flood Boundary and Floodway Maps.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A flood that on the average is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year.)
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. (See § 27-603 for floodproofing techniques.)
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The area of a structure covered by floors.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of all of the floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces for motor vehicles or basement or cellar floor areas where this area is not used for business or dwelling purposes, but including the area of roofed porches and terraces. For the purposes of applying the requirements of off-street parking and loading, floor area in the case of office, merchandising, or service-type uses shall mean the gross floor area used or intended to be used by tenants, or for service to the public or customers, patrons, clients or patients, including areas occupied by fixtures or equipment used for the display or sale of merchandise.
FLOOR AREA, HABITABLEAny floor area within a dwelling unit which is usable for living purposes, including area for working, sleeping, eating, cooking and recreation, or a combination thereof. Stairways, hallways and floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area, nor shall any space where the floor to ceiling height is less than five feet.
The gross floor area of all buildings on a lot divided by
the lot area.
See "grocery store."
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.
The process of injecting water, customized fluids, sand,
steam or gas into a gas well under pressure to improve gas recovery,
also known as hydraulic fracturing or fracture stimulation.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
A building or structure used for the parking and storage
of vehicles.
GARAGE, PRIVATEAn accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles which is not a commercial enterprise available to the general public, provided however that no more than one space therein may be leased to a nonresident of the premises.
GARAGE, PUBLICA building or group of buildings used primarily for the parking or storage of motor vehicles available to the general public for compensation. (See also "automotive repair shop.")
Any of the following:
A fluid, combustible or noncombustible, which is produced in
a natural state from the earth and maintains a gaseous or rarified
state at standard temperatures of 60° F. and pressure 14.7 PSIA;
or
Any manufactured gas, by-product gas or mixture of gases or
natural gas liquids. (See also "natural gas.")
That portion of the floodplain area for which no specific
flood profiles exist and which is designated as approximated 100-year
floodplain area on the Township's Flood Boundary and Floodway Maps.
A facility housing State, County or Township agencies, including
administrative offices, storage facilities, and other related or incidental
uses or structures.
The degree of rise or descent of a sloping surface.
GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
GRADE, FINISHEDThe final elevation of the ground surface after development.
A building whose sides and roof are made largely of glass
or other transparent or translucent material, and in which the temperature
and humidity can be regulated the cultivation of delicate or out of
season plants for subsequent sale or personal enjoyment. (See also
"nursery.")
A retail establishment primarily selling food or groceries
as well as other household goods or merchandise; i.e., a food market.
A residence where day care is provided for between seven and 12 children unrelated to the resident household, which is licensed and inspected by the Pennsylvania Department of Public Welfare to provide such care. For the purposes of this chapter, such use may be either a principal or accessory use (see applicable "District Regulations" in Part 3) and may also provide care for adult or elderly persons.
A single-family dwelling unit intended for occupancy by physically
or mentally handicapped individuals, elderly, and disabled persons
within twenty-four-hour supervision providing less than primary health
care and licensed by the Commonwealth of Pennsylvania. For the purposes
of this chapter, a group home or group care facility shall not include
facilities for ex-convicts, halfway houses or homes for persons receiving
care for drug or alcohol abuse.
Any substance or mixture of substances having properties
capable of producing adverse effects on the health or safety of a
human being.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An accessory use or occupation operated for gain or support conducted entirely within a dwelling or in an attached accessory structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. (See § 27-426.)
The growing of fruits, vegetables, flowers, ornamental plants,
shrubs, or trees for profit.
A building or structure containing rooms intended or designed
to be used, rented or occupied for sleeping purposes by transient
guests, where such rooms have no independent outside access and where
provision may be made for general cooking and dining room or restaurant
facilities within the building.
Any chemical substance or combination of substances, including
any chemicals and proppants, that are intentionally added to a base
fluid for purposes of preparing a stimulation fluid for use in hydraulic
fracturing.
Those floodplain areas identified in this chapter as being inundated by the base flood, including areas identified as FW, AE and A Area/Districts in § 27-602 of this chapter.
For the purposes of this chapter, an impoundment shall be
defined to include:
A tract of land which has been planned, developed and is
operated as an integrated facility for a number of individual industrial
uses, with special attention to circulation, parking, utility needs,
aesthetics and compatibility.
A private, non-profit, or quasi-public use or facility such
as a church, library, public or private school, personal care or nursing
home, cemetery or a municipally owned building, structure or land
used for public purposes.
That portion of the national system of interstate highways
located within the Commonwealth as officially designated by the State
and/or U.S. Department of Transportation.
Any discarded article or material not ordinarily disposed
of as rubbish, garbage, or refuse and including, but not limited to,
scrap metal, scrapped, abandoned or junked automobiles, machinery,
equipment, paper, rags, glass containers and other salvageable materials.
For purposes of this chapter, the term "junk" shall not include hazardous
wastes or materials, industrial residual wastes, or municipal wastes
as defined in the Pennsylvania Solid Waste Management Act, 35 P.S.
§ 6018.101 et seq.
Any outdoor establishment, place of business, or use of land
which is maintained, used or operated for storing, keeping, buying
or selling junk or junked or abandoned motor vehicles. For the purposes
of this chapter, such facility may also be referred to as an auto
salvage operation or scrap processing facility. (See also "Township
Junkyard Ordinance.")
An establishment where more than three dogs or domesticated
animals more than six months old are housed, groomed, bred, boarded,
trained or sold. House pets in a private home are excluded.
Any of the following activities: (A) the improvement of one
lot, or two or more contiguous lots, tracts or parcels of land for
any purpose involving: (1) a group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or (2) the division or allocation of land
or space, whether initially or cumulatively, between or among two
or more existing or prospective occupants by means of, or for the
purpose of, streets, common areas, leaseholds, condominiums, building
groups, or other features; or (B) a subdivision of land.
See "berm."
The legal or beneficial owner(s) of land, including the holder
of an option or contract to purchase (whether or not such option is
subject to any condition), a lessee, if he is authorized under the
lease to exercise the right of the land owner or other person having
a proprietary interest in the land.
Grass and other plantings such as trees, shrubs and/or bushes.
A business premises equipped with individual clothes washing
and drying machines for the use of retail customers. For the purposes
of this chapter such facilities shall not include laundry facilities
provided as an accessory use, such as those provided for an apartment
building.
A manufacturing or processing activity that produces a negligible amount of noise, smoke, odor, dust, vibration, or glare as a result of the activity. (See also § 27-419.)
Generally accepted outdoor farm animals, including, but not
limited to, cows, goats, horses, pigs, barnyard fowl, etc., but excluding
cats, dogs, and other house pets.
A space accessible from a street or alley in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREASee "area."
LOT DEPTHHorizontal distance from the street line of a lot to its opposite rear lot line measured in the general direction of the side lot lines.
LOT WIDTHThe distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
LOT, CORNERA lot with two adjacent sides abutting on streets. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
LOT, DOUBLE FRONTAGEA lot which extends from one street to another, with frontage on both streets.
LOT, REVERSE FRONTAGEA lot extending between and having frontage on an arterial or collector street and a local street, with vehicular access solely from the latter.
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot which individually or as a part of a subdivision has
been recorded in the office of the Recorder of Deeds of Lycoming County,
Pennsylvania.
The lowest floor of the lowest fully enclosed area of a building
or structure (including basement or cellar). An unfinished, flood
resistant partially enclosed area, used solely for parking of vehicles,
building access or incidental storage, in an area other than a basement
or cellar area is not considered a building's lowest floor, provided
that such space is not designed and built so that the structure is
in violation of the applicable nonelevation design requirements of
this chapter.
See "mobile home."
See "mobile home park."
The act of producing, preparing or assembling finished products
or goods from raw materials or component parts through the repetitious
use of an established or set process.
The fair market price of a structure or property as determined
by an appraiser or insurance adjuster; the price at which both buyer
and seller are willing to do business.
An establishment in which there exists the offering or furnishing
of services in which "specified sexual activities" occur.
The commercial extraction of natural mineral deposits from the earth, including facilities for the mixing or batching of extracted materials. For the purposes of this chapter however, oil and gas operations shall not be considered to be mineral extraction operations. (See also §§ 27-424 and 27-448, and oil and gas operations.
Any aggregate or mass of mineral matter, whether or not coherent.
The term applies to, but is not limited to, anthracite and bituminous
coal, coal refuse, peat, limestone, dolomite, sand, gravel, rock,
stone, earth, fill, slag, iron ore or zinc ore, vermiculite, clay
and crude oil and natural gas.
The replacement of existing work with equivalent materials
for the purpose of routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall any minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electrical wiring or mechanical
or other work affecting public health or general safety.
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeating towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. For floodplain management purposes, the term shall also include manufactured housing, and park trailers, travel trailers, recreational vehicles and other similar units which are placed on a site for a period of time exceeding 180 consecutive days. (See also § 27-404.)
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
That part of an individual mobile home lot which has been
reserved for the placement of a mobile home and appurtenant structures
and connections.
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. For floodplain management purposes, the term shall also include facilities for the placement of two or more manufactured homes, or park trailers, travel trailers, recreational vehicles, or other similar units for a period of time exceeding 180 consecutive days. (See also § 27-408.)
For the purposes of this chapter, a permanent mobile home
shall be defined as an independent mobile home with its wheels, tow
bar, or other means of propulsion removed and the unit is firmly affixed
to a permanent foundation, which is located on a lot in accordance
with the controls, regulations, and standards set forth for the district
in which the unit is to be located. For floodplain management purposes,
the term shall also include manufactured housing.
A building or structure arranged or used for sheltering,
sleeping, and/or feeding of transient or overnight guests, where each
unit has independent outside access and where provision is made for
only limited cooking in any individual room.
Any wheeled or tracked device manufactured for use on a public
highway, whether designed to be self-propelled or towed, including
but not limited to an automobile, camp trailer, bus, truck, trailer,
mobile home, motor home, motorcycle, or snowmobile, required to be
registered by the State of Pennsylvania if used on a public highway.
A motor vehicle that is in a state of major disrepair and/or
disassembly, and which is stored outside of an enclosed structure
or is not appropriately screened or covered from public view.
A motor vehicle that does not display current and valid license
information issued by PennDOT or another State department of transportation,
or which does not display current and valid inspection information
issued by a PennDOT inspection station or out-of-state inspection
station authorized by the licensing State, in the manners and forms
prescribed by that agency.
See "convenience plaza, multi-tenant."
Waste material originating from residential, municipal, commercial
or institutional establishments, including sludges from water supply
treatment plants, waste water treatment plants, and air pollution
control facilities not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act, 35 P.S. § 6018.101
et seq. The term does not include source-separated recyclable materials.
Old Lycoming Township, Lycoming County, Pennsylvania.
An undisturbed area, left in its natural state.
A fossil fuel consisting of a mixture of hydrocarbon gases,
primarily methane, and possibly including ethane, propane, butane,
pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and
other gas species. The term includes natural gas from oil fields known
as associate gas or casing head gas, natural gas fields known as nonassociated
gas, coal beds, shale beds or other formations. The term does not
include coal bed methane. (See also "gas.")
A permanent facility designed and constructed to compress
natural gas that originates from a gas well or collection of such
wells operating as a midstream facility for the delivery of gas to
a transmission pipeline, distribution pipeline, natural gas processing
plant or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
Hydrocarbons in natural gas which are separated from the
gas as liquids through the process of absorption, condensation, adsorption
or other methods in gas processing of cycling plants.
A permanent facility designed and constructed to remove materials
such as ethane, propane, butane and other constituents or similar
substances from natural gas to allow such natural gas to be of such
quality as is required or appropriate for transmission or distribution
to commercial markets, but not including facilities or equipment that
is designed and constructed to primarily remove water, water vapor,
oil or naturally occurring liquids from the natural gas.
For the purposes of this chapter, a neighborhood retail activity
shall be defined as a retail store, shop or establishment of a limited
scale designed to provide service to a local neighborhood which is
oriented to pedestrian or limited vehicular traffic, including general
stores, antique or gift shops, sandwich shops, cafes, or similar types
of operations.
Structures for which the start of construction commenced
on or after December 10, 2013, and includes any subsequent improvements
to such structures. Any construction started after May 10, 1977 (the
date of the Township's first floodplain management regulations) and
before December 10, 2013, is subject to the ordinance in effect at
the time the zoning permit was issued, provided that the start of
construction was within 180 days of the permit issuance.
A mobile home park or subdivision for which the construction
of facilities for servicing the lots on which the mobile homes are
to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) was completed on or after December 10, 2013.
A business or commercial activity administered or conducted
as an accessory use in a residential dwelling which is clearly secondary
to the use of the residence as a dwelling and which meets the no impact
criteria set forth in § 27-426.A of this chapter.
A structure or part of a structure not designed or built to comply with the use or extent of use provisions of this chapter, including those structures which lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but shall not be limited to, nonconforming signs. (See § 27-901 for applicable provisions.)
Land and/or greenhouses used to raise flowers, shrubs, trees,
or other plants for sale or for transplanting. (See also "greenhouse.")
A private institutional establishment providing educational
and child care services for children up to five years of age where
tuition, fees, or other forms of compensation are charged for the
service. For the purposes of this chapter, a nursery school may be
an independent principal use or may be operated as an accessory use
in conjunction with a church, day care center, or other similar institutional
establishment.
A State-licensed institutional facility which provides full-time
convalescent or skilled nursing and/or medical care. Such facilities
shall not provide surgical, obstetrical, or other services generally
provided by a hospital or medical center.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or other matter in,
along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of water, either in itself or by catching or collecting debris carried
downstream to the damage of life or property.
Hydrocarbons in liquid form at standard temperature of 60°
F. and pressure 14.7 PSIA, also referred to as petroleum.
The term includes the following:
Well location assessment, including seismic operations, well
site preparation, construction, drilling, hydraulic fracturing and
site restoration associated with an oil or gas well of any depth;
Water or other fluid storage or impoundment areas used exclusively
for oil and gas operations;
Construction, installation, use, maintenance, and repair of:
Oil and gas pipelines;
Natural gas compressor stations; and
Natural gas processing plants or facilities performing equivalent
functions; and
Construction, installation, use, maintenance, and repair of
all equipment directly associated with the activities identified above,
to the extent that:
A location or facility on a permitted site for the storage
of equipment, pipes and vehicles used to support gas development activities
at other permitted sites.
A pierced or bored hole drilled or being drilled for the
purpose of, or to be used for, producing, extracting or injecting
gas, oil, petroleum or another liquid related to oil or gas production
or storage, including brine disposal. The term shall include an unconventional
gas well.
The location where facilities, structures, materials and
equipment, whether temporary or permanent, necessary for or incidental
to the preparation, construction, drilling, production or operation
of an oil or gas well, including exploratory wells, are used.
The keeping, in an unroofed area, of any goods, materials,
merchandise or vehicles in the same place for more than 24 hours;
a principal permitted use allowed only in the Industrial District.
Space not occupied by a structure, open to the sky, and on
the same lot with the building or structure.
OPEN SPACEPUBLIC — Any land area set aside, dedicated, designated or reserved for public enjoyment.
OPEN SPACE, COMMONLand within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complementary structures and improvements as are necessary and appropriate, but shall not include streets, off-street parking areas, and areas set aside for public facilities.
Any equipment, device, appliance or apparatus which is installed,
affixed or situated outdoors which is used for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space or water
source. For purposes of this chapter, outdoor solid fuel furnaces
shall be considered to be accessory uses.
A public, semi public or private park or park type facility which provides outdoor recreational enjoyment and activity, either for free or on a fee basis. Such facilities may include tennis or basketball courts, baseball or other athletic fields, swimming, hiking and picnic areas, and playgrounds and may also include buildings and accessory structures. Activities may be organized to include day camps, leagues or other groups or may be strictly independent. (See § 27-411. See also "recreation facility.")
An off-street area on a lot available for the parking of
one motor vehicle and having direct, usable access to a street or
road. A parking space may include covered garage space or uncovered
lot space located off of the public right-of-way. (See also Part 8.)
A wall on an interior lot line or a wall adapted for joint
service between two buildings.
Pennsylvania Department of Transportation.
A use allowed in a zoning district, subject to the applicable
district regulations, and approved by the Zoning Officer.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A State-licensed institutional facility providing supervised
care services, including meals and less than full-time skilled or
intermediate nursing care for individuals, usually the elderly. For
the purposes of this chapter, a personal care home may also be known
as an assisted living facility.
For the purposes of this chapter, personal service businesses
shall include, but need not be limited to, barber shops, beauty parlors,
self service laundry and dry cleaning establishments, tailor and dressmaking
shops, or other establishments of a related nature.
A warehouse facility where separate storage spaces, of varying
sizes, are available for lease or rental to the general public, usually
on a self-service basis. For the purposes of this chapter, there shall
be no residential occupancy of, nor commercial sales conducted from,
such storage facilities.
All parts of those physical facilities running through which
gas, hazardous liquids, fresh water, salt water or chemicals move
in transportation, including but not limited to, pipes, valves and
other appurtenances attached to pipe, whether or not laid in a public
or private easement or public or private right-of-way within the Township
including, but not limited to, gathering lines, production lines or
transmission lines. This definition does not include pipelines associated
with franchise utilities.
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter. (See also § 27-407.)
The Planning Commission of Old Lycoming Township.
A structure for which construction or substantial improvement
occurred after April 15, 1977, the effective date of the Township's
first Flood Insurance Rate Map, and, as such, is required to be compliant
with the regulations of the National Flood Insurance Program.
Domestic fowl, chickens, ducks, geese, and similar fowl.
A structure for which construction or substantial improvement
occurred on or before April 15, 1977, the effective date of the Township's
first Flood Insurance Rate Map, and as such, is not required to be
compliant with the regulations of the National Flood Insurance Program.
That portion of connected main highways located within the
Commonwealth as officially designated by the State or U.S. Departments
of Transportation.
See "natural gas processing plant."
For the purposes of this chapter, a profession shall be defined
to include any occupation or vocation in which a professed knowledge
of some department of science or learning is used by its practical
application to the affairs of others, either advertising, guiding
or teaching them and in servicing their interest or welfare in the
practice of the art founded on it. The work implies attainment in
professional knowledge as distinguished from mere skill and the application
of such knowledge to use for others as a vocation. It requires knowledge
of an advanced type in a given field of science or instruction and
study.
The office of a member of a recognized profession. A professional
office shall be considered a home occupation when conducted from a
residence, by a member of the resident family and when the office
is only secondary to the residential use of the building.
A formal meeting held pursuant to public notice by the Township,
Township Planning Commission, or Township Zoning Hearing Board, intended
to inform and obtain public comment, prior to taking action in accordance
with this chapter.
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A structure owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
An outdoor commercial, public or semi public, or private facility intended to provide recreational enjoyment to or for its users, i.e., a campground, golf course, driving range, miniature golf course, sportsmen's club, or similar facility. (See § 27-411. See also "park or playground.")
A vehicle which is (A) built on a single chassis; (B) not
more than 400 square feet, measured at the largest horizontal projections;
(C) designed to be self-propelled or permanently towable by a light
duty truck; (D) not designed for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use. Such vehicles are permitted to be used in campground areas or
recreational vehicle parks, on private independent parcels, or, in
some cases, in mobile home parks. (See § 27-428.3.)
Any site upon which two or more recreational vehicles are,
or intended to be, located. (See also "campground.")
For the purposes of this chapter, the regulatory flood elevation
shall be defined as the base flood elevation (BFE) or estimated flood
height as determined using simplified methods plus a freeboard safety
factor of 1 1/2 feet.
Flood related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
A large scale residential development in which individual dwelling units or dwelling structures are grouped together rather than spread out on conventional lots. Modification or reduction of the minimum yard and lot size requirements are permitted in exchange for an equivalent amount of land in open space to be preserved for scenic, recreation or conservation purposes. The type and overall density of dwelling units shall be as set forth in § 27-438 of this chapter.
A wall or similar structure or devise, often used at grade
changes to hold back or support an earthen bank, or to hold soil on
an embankment from slumping, sliding or falling. (See also § 27-505.2.B.)
Any establishment where horses are kept for riding, jumping
or showing for compensation or incidental to the operation of any
club, association or similar group.
A temporary booth, stand or shelter located along a roadway
(but off of the road right-of-way) from which farm, nursery or greenhouse
products grown on the premises are offered for sale to the general
public.
See "boarding or rooming house."
A lot or part thereof used for the disposal of garbage, refuse,
municipal waste or other discarded materials, which is licensed and
operated in accordance with all applicable requirements of the Pennsylvania
Department of Environmental Protection, including the rules and regulations
of the Pennsylvania Municipal Waste Planning, Recycling, and Waste
Reduction Act, 53 P.S. § 4000.101 et seq. The term does
not include any facility that is used exclusively for disposal of
construction/demolition waste, or sludge from sewage treatment plants
or water supply treatment plants.
For the purposes of this chapter, a satellite dish antenna
shall be defined as an accessory structure capable of receiving radio
or television signals from a transmitter or transmitter relay located
in planetary orbit.
See "junkyard."
The use of vegetative plants, such as trees or shrubs, as
a barrier to visibility, glare and noise between adjacent properties.
Such plantings shall adhere to the requirements of § 27-507.A
of this chapter.
The provision of a visual shield or barrier between adjacent
properties, structures or uses, which may consist of vegetative plantings,
fences, or the placement or utilization of natural or man-made berms
or landforms, or any combination thereof.
For the purposes of this chapter, a secondary residential
dwelling unit shall be defined as an accessory dwelling unit located
above a garage in an R-A, R-S, or R-U Zoning District which is secondary
to the principal residential building on the lot and meets the gross
floor area requirements of this chapter. (See § 27-502.3.)
Testing conducted on the earth's surface or shallow subsurface
for the purpose of evaluating subsurface geologic conditions.
A public, not-for-profit, or private residential facility,
building, or development designed to meet the needs of, and be constructed
exclusively for, senior citizens. Such complexes shall not include
nursing homes, personal care facilities, or similar institutional
residences, although shared use of dining or entertainment spaces
within individual buildings in the complex may be permitted. Senior
housing complexes may be designed as multi-family dwelling structures
(apartment buildings) or as single-family attached dwelling structures
(townhouse units) or may consist of a combination of multi-family
and single-family attached units.
Any sewer, sewage system, sewage treatment plant or parts
thereof, designed, intended or constructed for the collection, treatment
or disposal of liquid wastes, including industrial wastes.
SEWAGE FACILITY, OFF-LOTAny approved system or part thereof in which sanitary sewage is collected from buildings and piped by means of a sewerage system to a sanitary sewage treatment plant. Such a system must be designed in accordance with DEP standards and be permitted by the Bureau of Water Quality of the Department of Environmental Protection. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers.
SEWAGE FACILITY, ON-LOTAny approved system or part thereof designed to serve a single dwelling or building in which sewage is collected in a septic tank, holding tank or similar container located on the same lot and is untreated except for bacterial action occurring within such tank and is disposed of either through a drain field connected to the tank or by hauling to a sewage treatment plant.
A group of commercial establishments, planned, developed,
owned and managed as a unit and related in location, size and type
of shops to the trade area that the unit serves; it provides on-site
parking in definite relationship to the types and sizes of stores.
This definition shall also include the term "shopping mall."
Any device, structure or object used for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge, or insignia
of any public, semi-public, civic, charitable, fraternal or religious
group. (See Part 7 for definitions of various types of signs.)
The entire face of a sign including the advertising surface
and any framing, trim, or molding, but not including, the supporting
structure.
The vertical distance measured from the highest point of
the sign, excluding decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is
less.
Any solid material used as fuel to produce energy and provide
heating, usually released through combustion. Commercial solid fuels
include wood, charcoal, peat, coal, and pellets made from woods, corn,
wheat, rye and other grains.
Any waste, including but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semi-solid or contained
gaseous materials. (See also "municipal waste.")
An area of the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A or
A1-30.
A special approval needed for specific types of development being proposed to be located in any portion of the designated floodplain. (See § 27-608 for a listing of the activities requiring special permits and details for submission of applications for such activities.)
For the purposes of this chapter, such areas shall include
less than completely and opaquely covered: human genitals, pubic region;
buttock; female breast below a point immediately above the top of
the areola; and human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
For the purposes of this chapter, such activities shall include
sexual stimulation or arousal of human genitals; acts of human masturbation,
oral sex, sexual intercourse or sodomy; and/or fondling or other erotic
touching of human genitals, pubic region, buttock, or female breast.
A building in which one or more horses are boarded, whether
or not for compensation, hire or sale.
For floodplain management purposes, "start of construction"
includes substantial improvement and other proposed new development
and means the date that the permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and walkways,; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A place or space for storing goods, articles of personal
property, materials, etc.
STORAGE, ON-LOTFor the purposes of this chapter, on-lot storage shall be defined as storage of man-made materials, recreational vehicles, campers, boats, antique cars or other similar types of vehicles or equipment on a lot occupied by the owner of the material or personal property, whether or not the item is stored in a completely or partially enclosed building or stored outside of a building.
STORAGE OFF-LOTStorage of man-made materials, recreational vehicles, campers, boats, antique cars or other similar types of vehicles or equipment on a lot other than that occupied by the owner of the material or personal property, whether or not the item is stored in a completely or partially enclosed building or stored outside of a building.
STORAGE, OUTDOOR/UNENCLOSEDStorage, as an accessory use, of man-made materials, goods, merchandise, or equipment outside of a fully enclosed building or structure. (See also § 27-510. See also "open or outdoor storage.")
That part of a tractor trailer truck which is pulled by the
tractor, but which has been detached from the tractor, placed on a
lot with a principal use, and is being used for storage, as an accessory
use.
A well that is used for and in connection with the underground
storage of natural gas, including injection into or withdrawal from
an underground storage reservoir for monitoring or observation of
reservoir pressure.
That portion of a building included between the surface of
any floor and the surface of the floor or ceiling next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
Any thoroughfare, whether public or private, located in whole
or in part within Old Lycoming Township, excluding alleys. The word
"road" may be used interchangeably with the word "street."
The dividing line between the street right-of-way and the
lot.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including,
but not limited to, buildings, sheds, communications towers, swimming
pools (whether above or below ground), and signs, but excluding poles,
recreation equipment, and other similar objects. For floodplain management
purposes, the term shall also include gas or liquid storage tanks,
that are principally above ground, as well as mobile or manufactured
homes.
STRUCTURE, ACCESSORYA structure detached from a principal structure on the same lot and customarily incidental and subordinate to the principal building, structure or use.
STRUCTURE, PRINCIPALThe main or primary structure on a given lot.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
or "repetitive loss" regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violations of state or local health,
sanitary or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions.
The Board of Supervisors of Old Lycoming Township; the governing
body.
A body of water in an artificial container, whether located
in or above-ground, having a depth at any point of more than two feet
or a surface area of more than 250 square feet, used or intended to
be used for swimming.
See "container storage, temporary."
A permit authorized by the Zoning Officer for a nonpermanent
structure or use where such structure or use is deemed to be beneficial
to the public health or general welfare or necessary to promote the
proper development of the Township. (See also § 27-1203.10.)
A non-permanent structure or building which is located on
a lot for a specified duration. Some temporary structures may only
be permitted for short periods of time, while others may be authorized
for longer periods.
A short-term use or activity including, but not limited to,
carnivals, circuses, open-air cultural, religious or sporting events,
or oil and gas drilling operations.
See "forestry."
For the purposes of this chapter, the term Township shall
be interpreted to mean the elected officials or governing body of
Old Lycoming Township; the Board of Supervisors.
A track is a course persons may move over, a road or course set up for running of, operating of, or showing off of motorized vehicles, four wheelers, three wheelers and motorcycles, skateboards, horses, dogs, or any other hobby or sporting type of equipment, and for any other vehicle, whether motorized or not. (See also § 27-436.)
For the purposes of this chapter, a truck garden shall be
defined as a tract of land used to grow vegetables or other products
primarily intended for wholesale or retail sale.
A geological shale formation existing below the base of the
Elk Sandstone or its geologic equivalent stratigraphic interval where
natural gas generally cannot be produced at economic flow rates or
in economic volumes except by vertical or horizontal well bores stimulated
by hydraulic fracture treatments or by using multilateral well bores
or other techniques to expose more of the formation to the well bore.
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from an unconventional
formation. The term shall also include wells that utilize hydraulic
fracture treatment through a single vertical well bore and produce
natural gas in quantities greater than that of a stripper well.
The Statewide building code adopted by the Pennsylvania General
Assembly in 1999, applicable to new construction in all municipalities
whether administered by the municipality, a third party, or the Pennsylvania
Department of Labor and Industry. Applicable to residential and commercial
buildings, the Code adopted the International Residential Code (IRC)
and the International Building Code (IBC) of 2003 (or the latest edition
thereof) by reference as the standard applicable to construction within
the Commonwealth, including floodplain construction.
The specific purpose or activity for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, ACCESSORYA use subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. (See also Part 3.) If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
USE, PRINCIPALThe primary purpose for which a lot is occupied or utilized. (See Part 3.)
A modification of the provisions of this chapter which the
Zoning Hearing Board is permitted to grant when strict enforcement
would cause undue hardship owing to circumstances unique to the individual
property on which the variance is sought. (See § 27-1102.C
for additional details and criteria to be utilized when a variance
is requested.)
An establishment where animals are given medical or surgical
treatment and their boarding is limited to short term care incidental
to the treatment.
The failure of a structure or other development to be fully
compliant with the community's zoning regulations, including all floodplain
management regulations. A structure or other development without the
elevation certificate, or other certifications, or other evidence
of compliance required in 44 CFR, § 60.3(b)(5), (c)(4),
(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
For purposes of this chapter, waste management facilities
shall be defined to include public recycling or reuse centers or other
similar types of collection, storage or recovery operations, but excluding
sanitary landfills or other types of municipal or solid waste management
facilities as defined in the Pennsylvania Solid Waste Management Act,
35 P.S. § 6018.101 et seq.
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable and/or nonpotable water.
WATER DISTRIBUTION FACILITY, OFF-LOTAny approved system in which potable and/or nonpotable water is supplied from a central water source to a dwelling, other building or site located off the lot in which dwelling, building or site is located.
WATER DISTRIBUTION FACILITY, ON-LOTAny approved system in which potable and/or nonpotable water is supplied from an individual well to a dwelling or other building located on the same lot as the central water source/well.
See "impoundment."
A plan associated with drilling or completing a well in an
unconventional formation that demonstrates that the withdrawal and
use of water sources protects those sources as required by law and
protects public health, safety and welfare.
Any of the following:
Any of the following: (A) waters of the Commonwealth; (B)
a source of water supply used by a water purveyor; (C) mine pool and
discharges; or (D) any other waters that are used for drilling or
completing a well in an unconventional formation. The term does not
include flowback or production waters or other fluids: (1) which are
used for drilling or completing a well in an unconventional formation;
and (2) which do not discharge into waters of the Commonwealth.
Tanks of any construction (metal, fiberglass, concrete, etc.)
and wastewater treatment settling ponds, surface mining ponds, detention
and retention ponds, artificial lakes and ponds, and similar water
impoundment features used for the storage of water that is to be used,
has been used, and/or is being reused.
A facility used for the flow backwater and solutions used
in the process of hydraulic fracturing in order to extract natural
gas from the Marcellus shale. The treatment facility is where the
flow backwater and solutions are taken once the process of hydraulic
fracturing is done in order to ensure that the water will be treated
properly removing any harmful chemicals, compounds and radionuclides
prior to being hauled off-site for re-use or released into a major
tributary. Typical water treatment facilities include, but are not
limited to, multi-bay truck loading/unloading stations, skim ponds
for oil/water separation, water clarifiers, sludge dewatering facilities,
reverse osmosis units, evaporators, chemical feed equipment, pumps,
and other appurtenances.
For the purposes of this chapter, the term shall include
a facility adjacent to a river, tributary, stream or water well that
typically contains a submerged suction line, pumps, water main multiple
hydrants, truck loading and staging areas, and water storage tanks,
storing water on a temporary basis that is intended to be transported
by vehicle to an oil or gas well site for the purpose of hydraulic
fracturing.
See "oil or gas well."
The area of surface operations immediately surrounding the
surface location of a well or wells. Such area shall not include an
access road to the well pad and shall not include the entirety of
an oil or gas well site.
A commercial electric generation facility whose main purpose
is to supply electricity, consisting of one or more wind turbines
and other accessory buildings and structures, including substations,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenant structures and facilities. For the purposes
of this chapter, standalone wind turbines constructed for private
use shall be considered personal wind energy facilities.
A free-standing wind turbine or turbines situated on a lot
to provide wind energy to an individual home, office, business, industry
or agricultural use located on the same lot. The wind energy generated
by such turbine(s) is not to be provided or sold to others off-site
in the power grid. All personal wind energy facilities shall follow
the rules of net metering under the State policy.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower and pad transformer, if any.
The distance measured from the surface of the wind tower
foundation to the highest point of the turbine rotor plane.
An open space which lies on the same lot with a building
or structure, unoccupied and unobstructed from the ground upward.
YARD, FRONTAn open space extending the full width of the lot between the street right-of-way line and the required front setback, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space extending the full width of the lot between the rear property line and the required rear setback, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between the side property line and the required side setback, unoccupied and unobstructed from the ground upward.
YARD, REQUIREDThe minimum area or open space required by this chapter to be provided between any front, side or rear property line and a principal or accessory building(s) on the lot.
The Zoning Hearing Board of Old Lycoming Township, Lycoming
County, Pennsylvania.
The official Zoning Map of Old Lycoming Township, together with all notations, references and amendments which may subsequently be adopted. Said map is made a part of this chapter in § 27-203.
The administrative officer duly appointed by the Township
and charged with the duty of enforcing the provisions of this chapter.
The permit required by this chapter which states that the
purpose for which a building, structure or land is to be used is in
conformity with the use regulations, the dimensional requirements,
and all other applicable provision of this chapter.
