As used in this chapter, words expressed in their singular include
their plural meanings, and words expressed in plural include their
singular meanings. The word "person" includes a corporation, unincorporated
association and a partnership, as well as an individual. The words
"building" and "street" are used generally and shall be construed
as if followed by the phrase "or part thereof." The word "may" is
permissive; the words "shall" and "will" are mandatory. Words used
in the present tense include the future tense. The words "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."
As used in this chapter, the following terms shall have the
meanings indicated:
An accredited medical school within the commonwealth that
operates or partners with an acute care hospital licensed within the
commonwealth.
A building on the same lot with and used for purposes that
are customarily incidental to the principal use of the property.
A suite, either attached to or detached from the primary
dwelling unit on the lot, for occupation by the following members
of the lot owner's family:
A parent, grandparent, adult child over age 18, and/or a spouse,
partner or sibling of one of those relatives.
A family relative, by blood, marriage, adoption or foster relationship,
who requires continuous care due to injury, illness or a serious physical
or mental disability that substantially impairs or restricts one or
more such activities as walking, seeing, hearing, speaking, working,
or learning.
A licensed, permanent caregiver for the occupants of the primary
dwelling unit on the lot.
A structure on the same lot with and used for purposes that
are customarily incidental to the principal use of the property.
A use on the same lot with and customarily incidental to
any of the permitted uses.
An agricultural operation that involves, but is not necessarily
limited to, one or more of the following conditions:
CONCENTRATED ANIMAL FEEDING OPERATIONAn animal feeding operation which is required to obtain NPDES permits in accordance with the Clean Water Act.[1]
CONCENTRATED ANIMAL OPERATIONAn animal feeding operation which is required to develop a nutrient management plan in accordance with the Pennsylvania Nutrient Management Law.[2]
OTHERAny agricultural operation, whether involving animal, animal product, or vegetable production, which occurs completely within an enclosed structure exceeding 10,000 square feet.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock, and livestock
products and/or 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.
Any of the range of crop and livestock commodities grown
or produced as a result of the conduct of an agricultural operation
or farm.
Recreation, entertainment, education, and tourism events
and activities that are associated with and provide support for the
ongoing conduct of agricultural operations on a farm or farm property.
Items sold at a farm market to attract customers and promote
the sale of agricultural products. Such products are associated with
agricultural products either produced on the farm where the farm market
is located or on other farms within Adams County and surrounding counties.
A street, whether or not legally dedicated, intended and
used primarily for vehicular access to the rear or side of properties
that abut a street of higher classification, and not intended for
the purpose of through-vehicle traffic.
Any building or portion of a building designed or used for
the medical or surgical care and treatment of domestic animals. This
use may exist on the same premises with a commercial kennel use, as
defined in this chapter.
A residential building consisting of three or more apartments
where each apartment is accessed from a common internal hallway or
an external walkway and where at least one apartment is located above
another apartment.
A living arrangement within a continuing care retirement
community that provides housing and support services for one or more
persons who may require assistance with daily living activities but
do not require twenty-four-hour skilled nursing and medical care.
Such assistance may include the provision of meals, housekeeping,
laundry, transportation, daily personal care, programmed social activities,
and dispensing of medications.
A short-term rental within any dwelling, concurrently being
occupied by the owner, where overnight lodging and meals, limited
to patrons, are provided for compensation to tourist or recreational
guests.
An area bounded by streets.
A line, running parallel to and measured from the front property
line, at which construction of the front building facade is to occur
on a lot.
A combination of materials to form a permanent structure
having walls and a roof, including, but not limited to, all mobile
homes and trailers.
The vertical distance between the average elevation of the
proposed finished grade along the entire front of the building, and
the highest point of the roof for flat roofs, and the decklines for
mansard roofs, and the mean height between eaves and ridges for gable,
hip and gambrel roofs, but not including chimneys, towers, spires,
elevator penthouses, tanks, railings and similar projections.
A line, drawn parallel to a front, side, or rear property
line, that depicts the closest distance of an existing building to
said front, side, or rear property line.
A place of business where management, clerical, and related
elements of said business are conducted.
A facility, operated by a religious, institutional, or nonprofit
organization, and used to provide recreation, education, and related
activities to groups of guests for a period of two or more days, and
which may include lodging and central dining facilities for such guests.
A commercial facility that provides spaces for cabins, recreational
vehicles, motor home, tents, or other similar types of shelter to
the general public and intended for use in a temporary, seasonal manner.
The standard unit of luminous intensity in the International
System of Units, and roughly equivalent to the luminous intensity
of a single wax candle.
A facility, developed either as a principal use or as an
accessory use to another principal nonresidential use, where care
is provided at any one time for seven or more children unrelated to
the operator.
The placement or installation of new wireless telecommunications
facilities on previously approved and constructed wireless communication
towers, water towers, utility poles, or any other building or structure
not classified as a wireless communication tower that can support
the placement or installation of wireless telecommunications facilities.
A business establishment designed and equipped for the conduct
of sports and leisure-time activities in either an enclosed or unenclosed
space.
A facility used for conferences and seminars, and which may
include accommodations for sleeping, food preparation and eating,
recreation, entertainment, resource facilities, meeting rooms, fitness
and health center, and retail stores and services for conference center
guests.
A residential community designed to provide independent living,
assisted living, and nursing or skilled unit living arrangements for
person(s) aged 55 years and older as part of a planned community,
where said planned community may also include nursing services, medical
services, and other health and lifestyle-related services.
A retail establishment that sells prepackaged food products,
household items, newspapers and magazines, candy, beverages (including
alcoholic beverages if authorized by the Pennsylvania Liquor Control
Board), and a limited amount of freshly prepared foods, such as sandwiches
and salads for off-premise consumption, and which may include self-service
fuel and other goods associated with automobile service.
A measure of the total number of dwelling units per acre
of land.
Final action by an officer, body or agency charged with the
administration of this chapter, and which has that authority as stated
in various parts of this chapter.
A small network of antennas that are connected to a common
source that provides coverage in a building or a small geographic
area.
A facility used for receipt, temporary storage, and redistribution
of goods as they are received.
A strip of land that separates two adjacent rows of off-street
parking in a parking lot, that helps define vehicle circulation patterns
within a parking lot, and which may contain parking lot landscaping
and accommodations for pedestrians.
An accessory facility to a business use that allows customers
to receive service from outside the building housing the business
and while remaining inside their vehicles.
Any building which is designed for human living quarters,
but not including hotels, boardinghouses, tourist cabins, motels and
other accommodations used for transient occupancy.
A building used by one family and having at least one party
wall in common with other buildings, and where at least three dwelling
units are so connected. Includes row house or townhouse.
A building containing one dwelling unit, and having no party
wall in common with an adjacent building.
A building containing one dwelling unit, and having a party
wall in common with an adjacent building that contains a single dwelling
unit.
A building containing two dwelling units with one dwelling
unit being wholly or partly above the other which has no party wall
in common with an adjacent building and which may or may not have
a common entrance.
Any sign or portion of a sign that uses changing illumination
to form a message wherein the message and the rate of change of such
message is electronically programmed and can be modified by electronic
processes. Illumination sources include, but are not limited to, light-emitting
diodes (LEDs), fiber optics, light bulbs, liquid crystal display (LCD),
or other similar forms of illumination.
Organizations which ensure public safety by responding to
emergencies when they occur. Includes, but is not necessarily limited
to, police, fire, and ambulance services.
A notice provided by the Zoning Officer to a property owner
or other person with either fee simple or equitable interest in property
in accordance with applicable provisions of this chapter, indicating
that a violation of one or more of the provisions of this chapter
exists or has been permitted to exist on said property, and identifying
the measures that must be taken to remedy said violation(s).
A facility, operated by an institutional or nonprofit organization,
and used to provide education programs related to environmental and
natural resources to groups of guests during daytime hours.
A large single-family detached residential lot developed
in accordance with applicable standards of this chapter and which
includes a designated living area and designated open land.
An establishment whose primary function is being leased on
a temporary basis for private functions, including but not limited
to banquets, weddings, receptions, business and organizational meetings,
and other similar functions. Such establishments may include kitchen
facilities, areas for dining and entertainment, and temporary lodging.
Such use does not include uses including places of worship, fire halls,
conference centers, and similar uses within which a private event
can be considered to be a customary and ordinary accessory use.
A tree with a mature height of at least 10 feet and that
maintains its foliage throughout the year.
A facility, located within a residence, in which child day
care is provided at any one time for four, five, or six children unrelated
to the operator.
A parcel, which may include a residence, farm-related buildings,
and surrounding land, and which is devoted to the production of agricultural
products.
The distribution, sale, and/or servicing of new and used
equipment and machinery commonly used for agricultural purposes, not
including the sale or service of automobiles.
An establishment located on a farm or other property where
agricultural operations are conducted and providing for the sale of
horticultural and agricultural products or agriculturally related
products that are either produced on the farm or are directly related
to agricultural products produced within Adams County.
A booth or stall on a farm and from which agricultural products
produced on said farm are sold to the general public.
A dwelling unit or dwelling units located on a farm and occupied
by persons who are employed on said farm or occupied by families with
at least one family member who is employed on said farm.
A business located on a farm and which is incidental to,
and supportive of, the use of the property as a farm.
A business establishment in which money is kept for saving
or commercial purposes, or is invested, supplied for loans, or exchanged.
Includes, but is not necessarily limited to, bank, credit union, and
savings and loan businesses.
Any land area susceptible to inundation by water from any
natural source or delineated by applicable FEMA maps and studies as
being a special flood hazard area.
The Hamiltonban Township Floodplain Ordinance, Chapter 190, as may be amended, of the Hamiltonban Township Code.
A mobile food vendor business in which food that is prepared
and made ready for consumption at the point of sale is sold from or
out of a motor vehicle that does not exceed eight feet in width or
25 feet in length and that is removed each day from the location where
the food is sold.
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 Hamiltonban Township Board of Supervisors.
Any use proposed by or conducted by a governmental entity,
including local, county, state, or federal levels of government.
A facility, located in a residence, in which child care is
provided at one time for more than six but fewer than 16 school-age
children, or more than six but fewer than 13 children of another age
level, who are unrelated to the operator.
A dwelling inhabited by disabled persons functioning as a
common household unit, and provided with nonroutine support services
and oversight to persons who need such assistance to avoid being placed
within an institution because of physical disability, old age, mental
retardation or development disability.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials.
A business conducted within a dwelling or a single building
accessory to the dwelling by the inhabitants thereof and which is
clearly incidental and subordinate to the primary residential use
of the property.
A short-term rental within any dwelling or accessory building
to an owner-occupied dwelling, where such dwelling is concurrently
being occupied by the owner, where one or more short-term lodging
rooms or suites is provided for compensation.
A building consisting of lodging rooms designed or occupied
primarily as the temporary place of abode of individuals who are lodged
for compensation (with or without meals) in which provisions for cooking
are generally not made in individual rooms or suites, and where individual
rooms or suites are accessed from hallways internal to the building.
A living arrangement within a continuing care retirement
community in which residents live independently while having access
to all common facilities and services of the community, but without
the inclusive supportive services typically associated with assisted
living or nursing or skilled units.
A development project, surrounded by other properties that
have already been developed, and that is designed in a manner that
complements the developed nature of surrounding properties by employing
characteristics that include, but are not necessarily limited to,
similar mixtures of uses, complementary architectural designs, consistent
building bulk and massing, and overall site design.
A property, or portion of a property, that is used and maintained,
or permitted to be used and maintained, for the collection, accumulation,
storage, or disposal of used or secondhand goods or materials, including,
but not limited to, junked or wrecked motor vehicles or parts thereof,
garbage, putrid matter, refuse, and/or rubbish.
The boarding, breeding, raising, grooming, or training of
two or more dogs, cats, or other household pets of any age, primarily
for commercial gain.
A system of trash and garbage disposal in which the waste
is buried between layers of earth and absorbent material and/or sheets
of plastic to keep pollutant from leaking into soil and water.
A table, to be included on zoning applications, land development
plan applications, and other applications, that demonstrates that
the application meets the requirements of this chapter with regard
to the plantings proposed to be installed on a development site.
A site plan that depicts the special placement of the plantings
required by this chapter on a development site.
A use engaged in the manufacture, predominately from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing.
A designated area where delivery vehicles are parked when
delivering products to and from a place of business or similar use.
A designated parcel, tract or area of land established by
a plan or otherwise as permitted by law and to be used, developed
or built upon as a unit. For the purposes of this chapter, any property
recorded and consolidated under one deed as a single tract of land
with a single set of metes and bounds shall be considered one lot.
Separate tracts of land with separate metes and bounds already in
existence and recorded in a single deed shall be considered separate
lots.
The area contained within the property lines of a lot, excluding
any street right-of-way or driveway easement providing access to an
adjoining property, or officially designated floodplain located on
the lot.
The area of any lot covered by buildings, driveways and parking
lots (whether paved or provided with crushed stone, pavers, or similar
surface), sidewalks, swimming pools, or other similar structural features.
The horizontal distance between side lot lines measured at
the required front yard setback line.
A canopy tree with a mature height exceeding 25 feet and
a minimum caliper at the time of planting in excess of two inches.
A dwelling unit assembled or partially assembled away from
the site on which it will be located and produced as a standardized
unit.
Marijuana for certified medical use as set forth in Pennsylvania
Act 16 of 2016.[3]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health to grow
and process medical marijuana.
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
An office for a member of a medical profession, such as family
practice, specialist practices, dentist, optometrist, psychologist,
and similar professions, and including necessary space for reception,
recordkeeping and billing, and patient examination and treatment.
A piece of land, typically connected to a divider strip,
that separates groups of parking spaces within an row of parking within
a parking lot, and which may contain parking lot landscaping and help
define parking lot circulation.
A tree with a mature height of between 10 feet and 25 feet
and a minimum caliper at the time of planting of between one inch
and two inches.
A building that includes, or is proposed to include, two
or more different uses.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with necessary
utility connections and other appurtenances necessary for the erection
thereon of a single mobile home.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
A building or group of buildings, whether detached or in
connected units, containing individual rooms designed and used primarily
for transient automobile travelers, together with accessory off-street
parking facilities, and where such individual rooms are accessed from
sidewalks or walkways on the exterior of the building.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[4]
A unit of measurement of luminance equal to one candela per
square meter.
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.
A structure or part of a structure, including but not limited
to buildings, which does not comply with the applicable use or extent
of use provisions in this chapter, or an amendment thereto, where
such structure lawfully existed prior to the enactment of this chapter,
or an amendment thereto.
A use, whether of land or of structure, which does not comply
with the applicable provisions of this chapter, or an amendment thereto,
where such use was lawfully in existence prior to the enactment of
this chapter, or an amendment thereto.
A living arrangement within a continuing care retirement
community which is licensed by the Commonwealth of Pennsylvania and
provides board, shelter, and twenty-four-hour nursing and medical
care to a single chronic or convalescent patient.
That portion of a parcel designated to be retained as open
space and/or to retain rural features following the subdivision of
a parcel for residential purposes in accordance with applicable requirements
of this chapter.
Any parcel or area of land or water, or a combination of
land and water, within a development site that is substantially free
of improvement and impervious surfaces. Open space may or may not
be designed or intended for the use and enjoyment of, and direct access
by, residents of the development and shall not include areas devoted
to buildings, structures, driveways, access drives, parking lots,
street rights-of-way, and areas set aside for public facilities.
A tract of land existing, as of the effective date of this
chapter, which could be subjected to future subdivision or land development
proposals and approvals.
A driveway providing connectivity between a public street
and an off-street parking lot.
A driveway within an off-street parking lot that provides
direct access to the individual parking spaces of said off-street
parking lot.
For a larger off-street parking lot, a driveway that extends
around the perimeter of said parking lot, and that connects the parking
access drive to the parking aisle drives.
An area of a lot set aside for and specifically designed
to accommodate the parking of motor vehicles.
The space within a building or on a lot or parking lot for
the parking or storage of one motor vehicle off the right-of-way of
a public street or road.
Within an off-street parking lot, a grouping of adjoining
parking spaces where said parking spaces are arranged in a side-by-side
fashion.
A business that provides a process directly to the customer
at the place of business. Includes, but is not necessarily limited
to, barbers, hairstylists, tailors, and similar businesses.
A building, structure, or group of buildings or structures,
designed, intended, and used for the assembly of individuals engaging
in religious practices. This definition shall include, but is not
limited to, churches, temples, chapels, cathedrals, synagogues, mosques,
monasteries, and similar religious facilities. This definition does
not include educational or day-care facilities, lodging facilities,
conference facilities, or dining facilities. The definition may include
a residence for a religious leader and his/her family and/or communal
living arrangements for monks, nuns, or comparable members of a religious
institution.
The Hamiltonban Township Planning and Zoning Commission.
A unit of measure used to determine the quantity of plantings
required in a residential, commercial, industrial, or other development
project. For the purposes of this chapter, one planting unit (PU)
equals:
The street that constitutes the street frontage for a property.
For a property with two or more street frontages, the street from
which the property is addressed. For a property with no street frontage,
the street from which the property is addressed.
Land that contains soils listed by the Soil Survey of Adams
County, Pennsylvania, issued 2005, and as may be updated, as having
soil capability Classes I and II.
A building in which the main or primary use of the a property
in conducted, including any structure that is physically attached
to said building.
The main or primary use of land or structures, as distinguished
from an accessory use, as herein defined.
A booth or stall on a nonfarm property from which produce
grown on said property are sold to the general public.
The office of a member of a recognized profession, such as
an accountant, architect, author, dentist, engineer, insurance agent,
landscape architect, lawyer, minister or similar religious leader,
optometrist, planner, physician, realtor, or similar professions.
Notice published once a week for two successive weeks in
a newspaper of general circulation in this county. Such notice shall
state the time and place of a hearing and the particular nature of
the matter to be considered at the hearing. The first publication
shall be not more than 30 days and not less than seven days from the
date of the hearing.
Parks and other recreation facilities, including activity
fields and recreation equipment contained therein, that are operated
by the Township, county, state, or federal government, or the school
district.
A sanitary sewer system owned and operated by a municipal
agency, or a public company controlled by the Pennsylvania Public
Utility Commission, or a homeowners' association registered to do
business in the Commonwealth of Pennsylvania.
Any agency or entity that, under public ownership, or under
a certificate of convenience and necessity issued by the Pennsylvania
Public Utility Commission, or by grant of authority by a governmental
agency, provides the public with electricity, gas, heat, steam, communication,
transportation, water, sewage collection, or similar service.
A water system owned and operated by a municipal agency,
or a public company controlled by the Pennsylvania Public Utility
Commission, or a homeowners' association registered to do business
in the Commonwealth of Pennsylvania.
A facility dedicated to the collection and processing on
used or discarded materials with the intent of preparing or packaging
said materials to use in the creation of new products.
A designated area on a property where waste management facilities,
including but not necessarily limited to dumpsters, are placed.
A commercial facility in which customers can rent space to
store possessions.
A business or industrial use dedicated to the innovation,
introduction, and improvement of products and processes.
The process and/or business of removing coal, ores, minerals,
or similar materials from the ground.
The practice of conservation, retention, and protection of
natural, environmental, landscape, cultural, and similar resources
that define an area's rural and natural character.
A commercial establishment where food is prepared and served
to customers.
A business that deals in the sale of general goods individually
or in small quantities to customers.
A facility, operated by a religious, institutional, or nonprofit
organization, and used for educational, religious, or comparable meetings,
conferences, and seminars, and which includes lodging, meals, and
recreation for participants during such events.
A public or private area, usually configured as a narrow
strip of land, that allows for the passage of people, goods, or services.
Includes public or private passageways such as roads, bike paths,
pedestrian walkways, railroads, utilities, electricity and fuel transmission,
and similar features.
An institution, whether public or private, primarily devoted
to the provision of instruction in vocational, professional, musical,
dramatic, artistic, linguistic, scientific, religious, or other special
subjects.
A line, parallel to the street right-of-way line for front
yards, and parallel to the lot lines for side and rear yards, designating
the minimum distance from the right-of-way and/or lot lines that a
building, structure, or other improvements may be erected under the
various land requirements of this chapter.
A group of retail stores planned and designed to function
as a unit, and having off-street parking as an integral part of the
unit.
Any dwelling unit or portion thereof, or a building accessory
to a dwelling unit, that is available for use or is used for accommodations
or lodging of guests, paying a fee or other compensation for a period
of less than 30 consecutive days. Includes bed-and-breakfast, homestay,
and vacation rental.
A woody plant of relatively low height, having several stems
arising from the base and lacking a single trunk.
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public.
A sign that revolves, rotates, oscillates, swings, or otherwise
moves by mechanical means; or a sign which uses flashes or other changes
of lighting to depict action or to create a special effect or scene.
The entire area within a single continuous perimeter enclosing
all elements of the sign that form an integral part of the display,
including the perimeter border, and calculated using the best-fit
rectangular and/or triangular shape or shapes that approximate the
perimeter of the sign display.
Any sign that communicates a commercial or noncommercial
message related to an activity conducted, a service rendered, or a
commodity sold at a location other than where the sign is located.
A type of sign designed to accommodate a changing message,
whether such changing message occurs manually, remotely, or automatically.
A sign constructed by one or more governmental, institutional,
civic, or religious organizations which announces welcome to the community
and which contains no other advertising except for the name(s) of
the organization(s).
A sign made of a flexible material, shaped like a feather,
quill, sail, blade, or teardrop, and mounted on a solid or flexible
pole or cord.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
The vertical distance measured from the elevation of the
nearest curb, sidewalk, or street grade to the top of the highest
component of the sign, sign face, sign structure, or any other appurtenance
of the sign.
A sign, not including billboard signs as defined herein,
located for the purpose of providing directions to a use not readily
visible and not located on the lot where the sign is erected.
A sign that is movable and not permanently attached to a
structure or to the ground.
A sign erected and constructed wholly on and over the eaves
of the roof of a building and supported by the roof structure.
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure which is
supported by such wall or building and which displays only one sign
surface.
A wireless communications facility that meets all of the
following conditions:
The facility is mounted on structures 50 feet or less in height,
including the antenna.
The facility is mounted on a structure that is no more than
10% taller than other adjacent structures.
The facility does not extend existing structures on which they
are located to a height of more than 50 feet or by more than 10%,
whichever is greater.
Each antenna associated with such deployment is no more than
three cubic feet in volume, exclusive of associated antenna equipment.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume.
The facility does not require antenna structure registration
in accordance with Federal Communications Commission rules.
The facility is not located on tribal lands.
The facility does not result in human exposure to radio frequency
radiation in excess of applicable safety standards specified by Federal
Communications Commission rules.
A grouping of multiple solar panels.
An electricity-generating facility whose main purpose, as
a principal and commercial use of property, is to generate and supply
electricity and which consists of one or more ground-mounted solar
arrays and other accessory structures and buildings, including substations,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A structure containing one or more receptive cells or collector
devices, the purpose of which is to use solar radiation to create
usable electrical energy.
A retail establishment that offers for sale to the public
a specific type of or category of product.
Methods applied to wireless communications facilities which
render them more visually appealing or blend the facilities into the
existing structure or visual backdrop in a manner as to render it
minimally visible to the casual observer. Such methods include, but
are not limited to, architecturally screened, roof-mounted antennas,
building-mounted antennas painted to match the existing structure,
and facilities constructed to resemble telephone, electric, and streetlight
poles.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
Major regional highways, with full or partial access control,
designed for a large volume of through traffic.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any structure intended for swimming or recreational bathing
that contains, or is intended to contain, water over 24 inches deep.
Includes in-ground, aboveground, and inflatable pools.
[Added 11-16-2021 by Ord. No. 2021-10]
A piece of land, typically connected to a divider strip,
that defines the end of a row of parking within an off-street parking
lot, that separates the end of a row of parking spaces from a parking
access drive or parking circulation drive, and which may contain parking
lot landscaping and help define parking lot circulation.
A short-term rental within any dwelling unit or portion thereof,
or a building accessory to a dwelling unit, where such dwelling is
not concurrently being occupied by the owner, and where rooms of suites
within the dwelling unit or accessory building are made available
to one or more party(ies) of guests.
Relief granted pursuant to the provisions of § 375-110 of this chapter.
The portion of a lot covered by vegetation.
The use of a building, land area, or other premises for the
display and sale of new and/or used automobiles, trucks, vans, motorcycles,
boats, and/or similar vehicles. Such use may include vehicle service
and vehicle repair (including warranty repair) as an accessory component
to the use.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service,
or any other wireless communication signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned and operated by any person or entity licensed by the Federal
Communications Commission to operate such devise. This definition
does not include private-residence-mounted satellite dishes or television
antennas or amateur radio equipment, including without limitation
ham or citizen band radio antennas.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications service.
A structure, other than a building, but including monopole
towers, self-supporting towers, or guyed towers, that comprises an
element of a wireless communication facility and that is designed
to be used to support wireless communications antennas.
A space open to the sky and unoccupied by any building, structure,
or merchandise for display or sale.
A yard extending the full width of the lot, and situated
between the street right-of-way line and the front building line.
An open, unoccupied space between the building of a dwelling
group or its accessory buildings which is not a front, side, rear
or exterior yard.
A yard extending the full width of the lot, and situated
between the rear lot line and the rear building line.
A yard extending from the front building line to the rear
building line and located between the side property line and the side
building line.
The Hamiltonban Township Zoning Hearing Board.
The map establishing the boundaries of the zoning districts
of the Hamiltonban Township Zoning Ordinance, which map shall be and
is a part of this chapter.
The municipal official duly appointed by the Hamiltonban
Township Board of Supervisors to administer and enforce this chapter.
The Hamiltonban Township Zoning Ordinance.
A permit required by this chapter to document compliance
with the applicable provisions of this chapter.
