As used in this chapter, the following terms shall have the
meanings indicated:
ABUTTING
Touching along a common boundary line.
ACCESS
The vehicular connection between a property and the road
that abuts it or the easement that provides passage to the road from
the property.
ACCESSORY STRUCTURE
A subordinate structure detached from, but located on, the
same lot as the principal structure or building.
ACCESSORY USE
A permitted activity or use that is incidental to, and generally
found in connection with, the principal use on the same lot. An accessory
building houses an accessory use.
ADULT BUSINESS
A commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration
any one or more of the following: books, magazines, periodicals or
other printed matter, or photographs, films, motion picture, videocassettes
or video reproductions, slides, or other visual representations which
depict or describe specific sexual activities or specified anatomical
areas, or instruments, devices, or paraphernalia which are designed
for use in connection with specified sexual activities, or a place
where the public is permitted wherein coin-operated or electronically,
electrically, or mechanically controlled still or motion-picture machines,
projectors, or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time and where
the images so displayed are distinguished or characterized by the
depicting or describing of specified sexual activities or specified
anatomical areas, or a nightclub, bar, restaurant, or similar commercial
establishment which regularly features persons who appear in a state
of nudity, and live performance which expose specific anatomical areas,
or a hotel, motel or similar commercial establishment which offers
a sleeping room for rent for a period of time that is less than 10
hours, or allows a tenant or occupant of a sleeping room to subrent
the rooms for a period of time that is less than 10 hours. Adult businesses
include:
B.
Adult bookstores or adult video store;
E.
Adult motion-picture theaters;
I.
Sexual encounter centers.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
AGRICULTURAL SECURITY AREAS
Farmland preserved through the use of Pennsylvania Act 43,
known as the "Agricultural Area Security Law," as signed into law. In effect, this Act provides a means by which agricultural
land may be protected and enhanced as a viable segment of the county's
economy, and an economic and environmental resource of major importance.
AMENDMENT
Any addition, deletion or revision of the chapter text or
map officially adopted by the Board of Supervisors after public hearings.
APARTMENT BUILDING
A structure containing more than six dwelling units with
a common entrance.
APPEAL
A petition made to a higher judicial level by a party wishing
to pursue an issue denied at a lower level or by a public official,
asking for reversal of the earlier decision.
APPELLANT
A person or entity who has filed an appeal with a quasi-judicial
board, commission or local governing body with authority to hear and
decide matters brought before it.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a zoning
permit or building permit, for the approval of a subdivision plat
or plan or for the approval of a development plan.
ATTACHED DWELLING (DUPLEX or TRIPLEX)
A dwelling attached by common walls either horizontally or
vertically to one or two more similar dwellings, each independent
of the others in terms of utilities and access.
AUTO AND TRUCK PARKING LOT
An area prepared for the parking or temporary storage of
passenger and commercial vehicles which is accessory to permitted
principal uses on the same lot.
AUTO SALVAGE YARD (including AUTO RECYCLING)
A commercial business intended to recycle marketable parts
of discarded vehicles, and to reduce the remaining scrap for periodic
removal from the premises. It does not imply the permanent storage
of junked vehicles.
AUTO SERVICE STATION
A business facility that provides fuel and oil for vehicles
and may sell auto accessories and traveler convenience goods and provide
minor auto service and maintenance but does not offer collision repair
or painting or the storage of damaged or abandoned vehicles.
BANKING MACHINE
Automated teller facilities which permit certain banking
activities at remote locations.
BARS
Premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption.
BEARINGS and DISTANCES
The precise description of the boundary of a property indicating
the exact length of lines and arcs, the direction of lines relative
to north, and the length of the radius of curves.
BED-AND-BREAKFAST
A single-family detached dwelling, the owner of which accepts
a limited number of overnight paying guests occupying existing bedrooms
in the dwelling, and serves breakfast and snacks to the guests.
BEDROOM
Any room containing at least 80 square feet of floor area
and one or more operable windows, used permanently or occasionally
for sleeping purposes.
BILLBOARD
A sign advertising products or services not available for
sale on the property where the billboard is located.
BOARD OF SUPERVISORS
The duly elected governing body of Brady Township with final
approval powers relative to this chapter.
BOARDING HOUSE
A single-family detached dwelling the owner of which accepts
a limited number of temporary or permanent live-in persons not related
to the family occupying the dwelling, such persons paying for their
rooms, as well as meals if they are provided.
BUILDING
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BUILDING PERMIT
A document attesting that an application for construction
has been reviewed and approved in accordance with the requirements
of this chapter and allowing the construction to commence.
CAMPGROUND (RECREATIONAL VEHICLE PARK)
A facility in one ownership intended to receive self-propelled
or towed vehicles which may contain their own toilet, bathing, cooking,
food storage and sleeping accommodations or tents, such facility providing
sewer and water connections to each vehicle at a prepared site for
its exclusive use, and also offering clothes washing, recreational
and other traveler services within the facility and stay for a limited
period.
CENTER LINE
A line parallel to and equidistant from the edges of the
cartway or paved area within a centered easement or right-of-way.
CHALLENGE, PROCEDURAL
An appeal brought against an ordinance or amendment, because
the elected officials or an agent of the municipality failed to follow
proper prescribed procedures in connection with the adoption of the
ordinance or amendment, including but not limited to required advertising,
time limitations, notification or public hearings.
CHALLENGE, SUBSTANTIVE
An appeal brought against an ordinance or amendment on the
grounds that such ordinance or amendment unfairly places a heavy burden
on one or more private property interests without compensation or
sufficient protection or advance of the public health and safety.
CHURCH and SOCIAL HALL
For the purpose of this chapter, facilities for the worship
of religious beliefs and assembly areas for social and religious events.
COMMERCIAL KENNEL
A commercial establishment in which dogs or domesticated
animals are housed, groomed, bred, boarded, trained or sold, all for
a fee or compensation.
COMMERCIAL RECREATION
Leisure activity available to the public at a charge intended
to earn a profit for the owner. Such recreation may include, but is
not limited to, bowling alleys, dance, reception or bingo halls, golf
courses, miniature golf, pitch and putt golf, fishing lakes, video
game arcades, amusement rides and petting zoos.
COMMERCIAL RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure-time activities and open to the public for a fee or charge.
COMMERCIAL RIDING ACADEMY
An establishment offering training, boarding and equestrian
related services to the general public for a fee or charge.
COMMERCIAL SATELLITE DISH
An antenna with a dish greater than one meter across and
providing two-way digital satellite communication with both transmitting
and receiving capabilities for data, audio, and visual display by
digital or analog transmission.
COMMERCIAL STABLE
A commercial establishment that is used for the shelter or
care of horses and cattle, for a fee or compensation.
COMMON DRIVEWAY
A vehicular access to properties that abuts it and shares
it, but for which the Township has no maintenance responsibilities.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
COMMUNICATIONS TOWER
A facility furnishing point to point communications in an
cellular or digital format and constructed of steel lattice frame.
COMMUNITY DEVELOPMENT OBJECTIVES
A statement attaching the zoning ordinance to the municipal
Comprehensive Plan with reference to land use, density of population,
and location and function of street, utilities, and community facilities.
COMPREHENSIVE PLAN
A document based on an analysis of past trends and current
conditions in a municipality, projecting growth and change in population,
economic conditions and land use, and recommending measures to improve
streets, utilities and community facilities, and allocate land to
cope with such growth and change.
CONDITIONAL USE
A use that may be permitted on a particular lot, in a particular zoning district, by the Board of Supervisors after receiving recommendations from the Planning Commission and after public hearing pursuant to the provisions of Article
VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
CONSISTENCY
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar, connection or relationship.
CONSTITUTIONALITY
The ability of a regulation affecting development to fairly
balance the public health and safety and the right and opportunities
of private property owners under the First and Fourteenth Articles
of the Constitution.
CONTRACTOR STORAGE YARD
An exterior area used for the storage of materials and supplies
utilized in the business of the contractor, usually gated and accessible
by commercial delivery vehicles.
CONVENIENCE STORE AND SALES
Retail sales of popular, everyday disposable products with
limited choices, and available over a much wider time frame than usual
retail sales outlets.
COURT GAMES
Areas in exterior yards prepared for recreational activities
or games, including but not limited to tennis, badminton, basketball,
croquet or bocce ball.
COVERAGE (BULK)
The extent to which a building occupies the lot, on which
the building is located, expressed as a percentage of the building's
area on the lot versus the total lot area.
CURATIVE AMENDMENT
An amendment proposed by a property owner challenging the
validity of zoning regulations as they apply to property in which
he has an interest and requiring municipal action on his petition
or a municipal curative amendment, in which the Board of Supervisors
declares a moratorium on specific parts of the Zoning Ordinance in
order to cure alleged defects.
DAY-CARE CENTER
A Pennsylvania-licensed facility for the care of dependent
persons, whether children or adults, for part of a twenty-four-hour
day, operated by a qualified individual or staff.
DAY-CARE HOME
A dwelling used for the care and supervision of a maximum
of six persons for part of a twenty-four-hour day.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or the Pennsylvania Municipalities Planning
Code, Act 247, as amended, to do so, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations. All decisions shall be
appealable to the Court of Common Pleas of Butler County, Pennsylvania.
DECK
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers, or other independent
supports.
DENSITY, GROSS
The ratio of the total number of dwelling units to the total
acreage.
DENSITY, NET
That ratio of the total number of dwelling units to the acreage
within a given tract of land devoted to residential use, including
streets, parking areas and adjacent open space, yards and courts which
abut and serve individual residences. Excluded are those unbuildable
areas and grades (slopes) of 25% or greater after development, and
those areas preserved from further development by virtue of their
significance or unique natural amenity.
DETACHED DWELLING
A single-family dwelling unit surrounded on all sides by
open space on its lot, sharing the lot with no other dwellings and
designed to be occupied by one family only.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
A.
The Township Board of Supervisors;
B.
The Zoning Hearing Board; or
C.
The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the Chapter
295, Subdivision and Land Development, or planned residential development provisions.
D.
Determination shall be appealable only to the boards designated
as having jurisdiction for such appeal.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
DISTRICT REGULATIONS
The group of standards, including but not limited to lot
size, building setback and coverage, and land use limitations that
govern development in a particular zoning district.
DUPLEX
A building containing only two dwelling units, attached side
by side or one above the other, each with separate entrances directly
to the outside and separate utility systems.
DWELLING
A group of connected rooms in a building for the exclusive
residential use of one family, containing its own private cooking,
food storage, bathing and toilet facilities, and connected either
directly or by a common hall and/or stairs to the outside.
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons.
ENCROACHMENT
The unauthorized intrusion of built elements into the setback
areas that abut the boundary lines of a lot or intrude into a right-of-way
or easement.
EQUIPMENT STORAGE SHED
An accessory structure used for the storage of tools and
machinery, including construction or delivery vehicles.
FAMILY
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
FARM BUILDING
Any accessory building or structure that is used in connection
with the operation of an agricultural operation, excluding the principal
dwelling.
FENCING
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas.
FINISHED GRADE
The final contour of the land at the conclusion of development
activities.
FLOOD HAZARD AREA
An area of land in the vicinity of a stream or drainageway
that will be submerged by a flood that can be predicted to occur once
every 100 years, or that will be partially submerged by any lesser
flood.
FLOOD HAZARD AREA COMMUNITY PANELS
Maps prepared by the Federal Emergency Management Agency
(FEMA) depicting the extent of the 100-year flood and other information
relative to flood levels and hazards in the Township.
FLOODPLAIN
The area of land shown on the FEMA flood hazard area maps
that will be submerged by a 100-year flood.
FLOOR AREA
The total floor area of a structure, such as a dwelling,
measured between the inside faces of walls describing the outer edges
of the structure, and including interior partitions, interior hallways
and utility areas.
FORESTRY
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.
FREESTANDING SIGN
One that is entirely supported by its own structure attached
to the ground.
FRONT BUILDING LINE
The line across a lot or parcel parallel to the front lot
line and located from the front lot line the setback distance required
by the zoning district. No building or part thereof except for permitted
projections shall be located in the area between the front lot line
and front building line.
FRONT YARD
The area of a lot between the front lot line and the front
building setback line and extending to the side lot lines.
FRONTAGE
The distance across the front of a lot between side lot lines
where they intersect a street right-of-way line.
GARAGE, PRIVATE
An accessory building on a residential lot attached to or
detached from the dwelling, or an area within the dwelling, intended
for the storage and maintenance of vehicles and equipment owned and
operated by the residents of the dwelling.
GARDEN EQUIPMENT AND STORAGE SHED
A storage building accessory to the principal permitted use
and on the same lot used to store equipment and tools for yard and
garden care.
GENERAL OFFICE
A room or group of rooms used for conducting the affairs
of a business, profession, service or industry generally furnished
with desks, tables, files and communication equipment.
GRADING
The rearrangement of the earth's surface to accommodate infrastructure
or development and drainage patterns, including cutting into the surface
and filling over the original surface.
GROUNDWATER
Water that occurs naturally in rock formations below the
ground surface and is recharged by seepage through the upper layers
following precipitation.
HIGHWAY CORRIDOR
A high-volume road and the land on either side that either
directly abuts the road or is accessed by the road.
HIGHWAY OCCUPANCY PERMIT
Written permission granted to a property owner abutting a
public road giving the owner the right to enter and exit the road
from his property at a location approved by the public agency having
jurisdiction over the road.
HOME-BASED BUSINESS (NO IMPACT)
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
HOME OCCUPATION
An occupation, profession or limited commercial activity
carried on in a dwelling unit or accessory structure to a dwelling
unit which is clearly incidental and secondary to the use of the dwelling
unit as a residence, and conducted by a member of the family occupying
such dwelling unit.
HOTELS and MOTELS
Facilities offering transient lodging accommodation to the
general public and which may offer services including, but not limited
to restaurants, meeting rooms, entertainment and recreational facilities.
INSTITUTIONAL BUILDING
A church, school or publicly owned building, or a community
building not part of a business or operated for profit.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two 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.
C.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code, Act 247, as amended.
LAND USE
The principal activity or activities for which a lot or property
and the buildings or structures on it are devoted.
LANDFILLS (SANITARY)
A solid waste disposal site in which refuse and earth or
other suitable cover material are deposited and compacted in alternative
layers of specified depth with an approved plan.
LANDOWNER
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LANDSCAPING
The treatment of a property outside the area occupied by
buildings and paved surfaces and vehicular ways, including grass,
shrubs, trees and natural materials.
LIGHT MANUFACTURING (including fabrication and assembly)
The production or assembly of parts or components to create
a finished product, but not involving any heavy lifting, punching
or shaping equipment, or any molten materials, or procedures that
create glare, odors, noise, vibration or smoke discernible off the
property containing the operation.
LOT
A designated tract, parcel or area of land established by
a plat for ownership, development, use, improvement, whether immediate
or future.
LOT AREA
The area of the total surface of a lot expressed in acres
or square feet, based on a deed description or calculations from registered
surveyor's plot survey.
LOT OF RECORD
A lot or property duly recorded in the office of the Butler
County Recorder of Deeds.
LOT WIDTH
The distance across a lot measured along the front setback
line between the side lot lines.
LUMBERYARD
An exterior storage area for processed and raw wood products
as an accessory use to a retail sales facility on the same site.
MACHINE SHOP
A facility where small-scale fabrication and/or assembly
of metal and metal alloys is conducted.
MALFEASANCE, MISFEASANCE, NONFEASANCE
"Malfeasance" implies a deliberate illegal act; "misfeasance"
means acting mistakenly when there is a clearly correct way to act;
and "nonfeasance" is the failure to act when an act is required.
MANUFACTURED MOBILE OR MODULAR HOME
Factory-built, single-family structures that meet the National
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401), commonly known as the HUD (U.S. Department of Housing
and Urban Development) Code.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MINERAL EXTRACTION
The removal of mineral matter from either surface or underground
mines in accordance with the rules and regulations of the Pennsylvania
Department of Environmental Protection.
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
MINI-STORAGE
Storage units usually of various dimensions available on
a retail basis and used by homeowners and small businesses for short-
or long-term storage, normally in a grouping of many units in a secure
setting.
MIXED-USE STRUCTURES
A building with two uses, usually commercial use on the first
floor and residential use on the second floor.
MOBILE HOME (MANUFACTURED HOME)
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 repeated
towing, which arrives as a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed
so that it may be used without a permanent foundation.
MOBILE, MODULAR OR MANUFACTURED HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MUNICIPAL BUILDING
The offices, assembly area and maintenance facilities of
Brady Township in single or separate structures.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this Zoning Ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
Zoning Ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this Zoning Ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
NURSERY/PRIVATE OR PUBLIC
Land or greenhouses used to raise flowers, shrubs and plants
for use by the grower or for sale to the public.
OCCUPANCY/USE PERMIT
A certificate issued by the Zoning Officer or Building Code
Official attesting to the fact that the proposed use or reuse of premises
is in accordance with the requirements of this chapter or with a legal
previously issued zoning or building permit and may be legally occupied.
OFF-STREET PARKING LOT
Area set aside on a lot for parking of at least five vehicles
entirely outside of a street right-of-way.
OFF-STREET PARKING SPACE
An area within a parking lot abutting an access lane and
of such dimensions, as specified by this chapter, to accommodate one
vehicle.
OFFICIAL ZONING MAP
The map of zoning districts that shows the always current
state of the boundaries of such districts and is kept in the Township
office and amended only by action of the Board of Supervisors.
ON-LOT SEWAGE DISPOSAL SYSTEM
An underground system that collects sanitary sewage and distributes
it to a perforated tile field, sand mound or other distribution area,
where it is absorbed into the ground below the lot on which the system
is located.
PARK-AND-RIDE
Temporary parking areas for commuting motorists where vehicles
are stored during working hours.
PATIO
A surfaced outdoor area level with the surrounding land surface
and without a permanent covering.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
Legislation adopted by the state in 1968 and amended on several
occasions since which provides a uniform procedure enabling municipalities
to implement regulations.
PERMITTED USE, PRINCIPAL
A use allowed by right in a particular zoning district. All
other activity on the lot is, or will be, secondary to the principal
use.
PERSONAL CARE HOME
A residential dwelling where up to eight children or adults
are provided with room, board and basic supervision with daily activities,
on a twenty-four-hour basis.
PERSONAL SERVICES
Services provided on a person-to-person basis as a retail
business involving the care of that person or his personal goods.
PLANNED RESIDENTIAL DEVELOPMENT
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
this provisions of this Zoning Ordinance.
PLANNING COMMISSION
The body duly appointed by the Board of Supervisors from
residents of Brady Township with specific duties in connection with
this chapter.
POSTING
The placement of a notice on a property calling public attention
to proposed changes in the zoning status of the property, or to a
request for a variance, and indicating the date, time and place of
the hearing at which the matter will be heard.
POTABLE WATER SUPPLY
A supply that meets the minimum standards for water quality
intended for human consumption.
PRESERVATION or PROTECTION
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture natural resource and conservation services county soil
survey.
PRINCIPAL STRUCTURE
The building or structure accommodating the principal permitted
use on the lot.
PRIVATE DRIVEWAY
A strip of land improved for passage of vehicles and/or pedestrians
but not accepted for maintenance by Brady Township.
PRIVATE MEMBERSHIP FACILITIES
Social or benevolent groups meeting places or facilities,
providing supplemental assembly, dining or social gathering opportunities.
PRIVATE RECREATION FACILITY
Land and improvements owned and operated by an individual
or organization, formed for the purpose of providing certain recreational
opportunities for the benefit of the members and their guests, and
not intended as a profit-making venture.
PROPERTY
For purposes of this chapter, land whose boundary is clearly
described and closes on itself, is in one ownership, and may include
structures and buildings thereon.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board
of Township Supervisors or Planning Commission, intended to inform
and obtain public comment, prior to taking action in accordance with
the Pennsylvania Municipalities Planning Code, Act 247, as amended.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter
7.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC ROAD
A right-of-way intended to be used for travel by the public,
improved for such purpose and perpetually maintained by Brady Township,
Butler County, or the Pennsylvania Department of Transportation.
PUBLIC UTILITY
An enterprise, regulated by the Public Utility Commission,
with a franchise for providing distribution of potable water, gas,
electric or cable TV services, or the collection, treatment, and disposal
of wastewater for more than one customer.
PUBLIC UTILITY FACILITY
Any building or appurtenant structure housing equipment that
intervenes in, or enhances the flow over a public utility line, but
not including the actual transmission pipes or lines, or their supports.
QUADRAPLEX
A residential structure with four dwellings, each with their
own entrance directly outside and with separate utility systems.
REAR LOT
A lot with no frontage on a street, or road except for driveway
access, but with minimum area and dimensions in accordance with the
requirements of this chapter.
REAR LOT LINE
The lot boundary that is most distant from the road to which
the property has its principal access or its principal building entrance,
commonly connecting the rear points of the side lot lines.
REAR YARD
The area of a lot between the rear lot line and rear building
line and extending to the side lot lines. The rear yard line is the
lot line connecting the ends of the two side lot lines farthest from
the street or road to which the lot has access.
REPAIR (BUSINESS) SERVICES
Establishments primarily engaged in repairing, servicing
or maintaining equipment and machinery used in the day-to-day operations
of commercial enterprises.
RESTRICTIVE COVENANT
An agreement between a developer and purchasers of lots or
units in a plan or between a property owner and an association of
homeowners, restricting the use of the lots or units, applying uniformly
to all lots with similar characteristics, recorded with the plan,
effective for a specified time period, capable of being modified only
upon approval of the agreement signers, and not enforceable by the
Township.
RETAIL SALES
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
RETIREMENT/NURSING HOME
An age-restricted facility, for twenty-four-hour care, which
may include attached and detached dwelling units, apartments or private
and semi-private rooms, and which may provide skilled nursing care.
RIGHT-OF-WAY
A strip of land reserved, dedicated, prescribed or condemned
to be occupied by a road, crosswalk, railroad, electric transmission
line, oil or gas pipeline, water or sanitary sewer line, storm sewer
and similar uses.
ROAD
An improved vehicular passage within a right-of-way which
affords the primary means of access to abutting lots.
RURAL RESOURCE AREA
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.
SAWMILL
A plant in which logs are converted to lumber by running
them through a series of saws.
SCHEDULE OF FEES
The list of charges adopted by resolution of the Board of
Supervisors, and not a part of this chapter, to cover the costs of
administration of local regulations.
SCREEN (BUFFER YARD)
A planted or built buffer intended to protect residential
properties from abutting commercial or industrial activities that
would deteriorate the enjoyment or value of the residential property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
SETBACK
The minimum distance a building or structure must be removed
from an adjacent lot line, as required by this chapter in the various
zone districts. Distance between lot line and building shall be measured
along a line at right angles to the lot line.
SETBACK LINE
An imaginary line within a lot describing the limits within
which building construction can occur, or any part of such line, as
established by the front, side, and rear yard depths for each zoning
district.
SEWAGE ENFORCEMENT OFFICER
An individual certified by the Commonwealth of Pennsylvania
and retained by the Township to assess the percolation characteristics
of a lot proposed for development, but lacking public sewer connections.
SIDE LOT LINE
The lot boundary that connects the front and rear lot lines
on either side of the lot.
SIDE YARD
The area of a lot between the side lot line and side building
setback line, extending from the front yard to the rear yard, and
comprising two such areas on a lot. The side lot lines on each side
of a lot connect the front and rear lot lines.
SIGHT DISTANCE (CLEAR SIGHT TRIANGLE)
The minimum distance the driver of a vehicle can see unencumbered
by intervening buildings, structures, land forms or vegetation, to
safely negotiate an intersection of streets or a curve in the road,
measured between 3 1/2 feet and eight feet above the road surface.
SIGN
Any object, display or any assemblage of interrelated parts
which attracts attention to a person, business, product, service,
event, or location by words, symbols and/or pictures designed to be
viewed by the public.
SIGN AREA
All the area enclosed by connecting the outer extremities
of the sign's interrelated parts, except the structural members supporting
the sign.
SITE PLAN (LAND DEVELOPMENT PLAN)
The proposed layout of a lot showing on a scaled drawing
all elements of the site development, as well as utility and drainage
lines, site grading and existing buildings and structures to remain.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Article
VI and
IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and Article
VIII of this chapter.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other touching of human genitals, pubic region,
buttocks, anus, or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
C.
Masturbation, actual or simulated;
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
STEEP SLOPE
Land surface that rises or falls more than one foot for each
two feet of level length.
STENOGRAPHIC RECORD
A verbatim transcription of testimony taken at a public hearing
by a professional stenographer.
STORMWATER MANAGEMENT PLAN
A plan to govern the collection, retention and release of
stormwater in a manner to minimize damage of downstream property.
STRUCTURAL ALTERATIONS
Revisions to a building or structure that change the dimensions
of the exterior envelope or that change the interior components that
support the building or structure.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer 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.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the Pennsylvania Municipalities
Planning Code) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
SWIMMING POOLS, ABOVE-GROUND
Private, portable water-filled enclosures having a depth
of more than 30 inches designed and used for swimming and bathing.
SWIMMING POOLS, BELOW-GROUND
A water-filled permanent enclosure having a minimum depth
of 18 inches below the level of the surrounding land, designed and
used for swimming and bathing.
TOWNHOUSE
A multifamily dwelling with four or more dwelling units in
a single structure.
TOWNSHIP
Brady Township, a Second Class Township, Butler County, Pennsylvania.
TRANSFER STATION
An intermediate destination for solid waste where material
is sorted, compacted and reshipped.
TREE HARVESTING
The removal of select trees with commercial value from a
property.
TRIPLEX
A residential structure with three dwellings each with their
own entrance directly outside and with separate utility systems.
TRUCKING TERMINAL
An area and building where trucks load and unload cargo and
freight which is packaged and transferred to other vehicles. The parking
and servicing of vehicles may also take place.
VARIANCE
Relief granted pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
VETERINARY CLINIC
The offices, examination rooms and boarding areas of a facility
where animals are given medical care.
WETLANDS
Land areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support vegetation
adapted to saturated soil conditions, including but not limited to
swamps, bogs and marshes.
YARD
The front, side or rear area of a lot between the lot line
and the building setback line, the depth of which is specified for
each type of yard within each zoning district by this chapter. Development
within yard areas is restricted.
ZONING DISTRICT
A contiguous area of land on all parts of which the same
uniform opportunities for development apply.
ZONING HEARING BOARD
A body appointed by the Board of Supervisors to examine and
decide appeals for variances or from decisions of the Zoning Officer,
to hear testimony regarding the validity of municipal regulations
upon development, and to decide other issues as specified in the Municipal
Zoning Ordinance.
ZONING MAP, OFFICIAL
The Official Map of zoning districts in Brady Township, adopted
by reference as a part of this chapter, showing precisely the boundaries
and title of each district.
ZONING OFFICER
The administrative officer designated by the Board of Supervisors
to enforce the regulations of this chapter, accept zoning, occupancy/use
and other related permit applications and fees, authority to issue
zoning, occupancy/use and other related permits, and to halt illegal
construction. The Zoning Officer shall have all the powers and be
subject to all the provisions as set forth in the Municipalities Planning
Code with respect to zoning officers and issue building permits
as delegated by the Building Code Official as a code administrator
or construction code official as defined and in accordance with Title
34, Labor and Industry, of the Uniform Construction Code.
ZONING ORDINANCE
A body of legislation adopted by the Township, establishing
districts within each of which uniform land use regulations apply.
ZONING PERMIT
A permit required before any person shall erect, alter, convert,
undertake, any new construction, or any existing structure or any
structural, sign, building, site alteration, or change in any use
of building sign or condition or lot or alter in any way the land,
buildings, structures or facilities thereon shall require a zoning
permit before the same can be undertaken with the zoning permit to
cover any of the same even if exempted from the building permit requirements.