[Ord. 6/20/1979]
1.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
below:
A.
The present tense includes the future; the singular includes the
plural, and the plural the singular; the masculine gender includes
the feminine and neuter; the word "person" includes any individual,
estate, trust, fiduciary, partnership, firm, association, corporation
or organization; the words "occupied" or "used" shall be considered
to be followed by the words "or intended," arranged or designed to
be occupied or used; the word "structure" includes "building," and
the word "shall" is always mandatory.
B.
The word "Township" means Charlestown Township, Chester County, Pennsylvania;
the term "Board of Supervisors" means the Board of Supervisors of
said Township; the term "Planning Commission" means the Planning Commission
of said Township; and the term "Zoning Hearing Board" means the Zoning
Hearing Board of said Township.
[Ord. 6/20/1979; as amended by Ord. 60-1991, 8/12/1991, § 1;
by Ord. 80-1999, 2/1/1999, § 1; by Ord. 82-1999, 10/4/1999,
§ 2; by Ord. 103-2002, 8/19/2002, § 1; by Ord.
105-2002, 8/5/2002, § 2; by Ord. 107-2003, 8/4/2003; by
Ord. 108-2003, 9/15/2003, § 1; by Ord. 112-2003, 11/17/2003,
§ 1; by Ord. 114-2003, 11/17/2003, § 1; by Ord.
115-2004, 2/23/2004, § 1; by Ord. 116-2004, 3/1/2004, § 1;
by Ord. 125-2004, § 1; by Ord. 127-2004, 12/20/2004, § 1;
by Ord. 132-2005, 11/21/2005, § 1; by Ord. 145-2008, § 1;
by Ord. 146-2008, 4/7/2008, § 1; by Ord. 158-2010, 6/21/2010,
§ 1; by Ord. 163-2010, 12/6/2010, § 1; by Ord.
164-2010, 12/6/2010, § 1; by Ord. 165-2010, 12/6/2010, § 1;
by Ord. 166-2010, 12/6/2010, § 1; by Ord. 171-2011, 4/4/2011,
§ 1; and by Ord. 179-2013, 8/5/2013, § 1]
For the purposes of this chapter, the following words, terms and phrases have the meaning indicated herein or as provided in §§ 27-1108 and 27-1401:
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A).
An accessory structure which is a building.
A building or other structures subordinate to the permitted
principal building on a lot and used for purpose customarily incidental
to those of such principal building. Where an accessory structure
is attached to a permitted principal building in a substantial and
permanent manner, as by a wall or roof, such accessory structure shall
be considered part of such principal building.
A use conducted on the same lot as a permitted principal
use to which it is related and which is located either within the
same structure(s) or in an accessory building or other structure.
A use which is clearly incidental to, and customarily found in connection
with, a particular permitted principal use.
A type of open space or common TND open space designed for
energetic pursuits, consisting of surfaces and/or equipment such as
playfields, play courts, playgrounds, tot lots, fitness clusters,
swimming pools, and accessory structures integral thereto such as
sidewalks, trails and parking areas, and trails and paths that meander
through other types of open space.
The cultivating of the soil, the raising, housing or keeping
of livestock or poultry, or both, or the harvesting or storage of
the products of the soil, including horticulture and forestry, excluding
commercial greenhouses.
An arrangement of street trees, whereby a canopy effect is
created due to the regular and combined spacing of the trees.
Land over which there is a right-of-way, municipally or privately
owned, serving as a secondary means of access to two or more lots
to the rear and/or side of a building.
A source of energy generated from solar, water, wind, geothermal,
or similar non-fossil-fuel sources.
[Added by Ord. 2017-202, 6/5/2017]
An energy system capable of converting solar, wind, or the
earth's geothermal properties into a viable energy source. For purposes
of this chapter, such facilities include and are limited to solar
energy systems, wind energy systems, and geothermal systems primarily
installed to offset on site energy usage.
[Added by Ord. 2017-202, 6/5/2017]
Any enlargement, rearrangement or other change of or in the
exterior or structural portions of a structure or the exit or other
access facilities thereof; or, any change to or in a structure which
affects its use classification.
The all encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined herein.
[Added by Ord. No. 2017-206, 11/6/2017]
A retail establishment with items for sale that are considered
to be of collectible, heirloom or heritage value due to their age,
scarcity, significance, or artistic quality.
A person who or which is a landowner or developer or authorized
agent thereof who has filed an application for approval of a subdivision
and/or land development or for any other approval or permit from the
Township including his, her or its heirs, successors and assigns.
See "dwelling, assisted living facility."
A business enterprise primarily engaged in the retail sale
of alcoholic beverages for consumption on the premises. See also "cafe."
An enclosed area partly underground but having less than
half its clear height below the average grade of the adjoining ground.
See also "cellar" and Illustration I.
A building containing eight or fewer guest rooms, converted or designed for the temporary lodging of transient guests, in accordance with § 27-1619, Subsection 1A.
A hole drilled or bored into the earth into which piping
is inserted for use in a geothermal system.
[Added by Ord. 2017-202, 6/5/2017]
The line that defines the placement of the building from
the street on which the building fronts. The build-to line of the
building forms the street wall line. On a corner lot, the build-to
line is located on each side of a lot abutting a street.
Any structure having a roof, self-supported or supported
by walls, columns or air pressure, which is permanently affixed to
the ground, used or occupied for the shelter, housing or enclosure
of any individual, animal, process, equipment, goods or materials
of any kind or nature.
The maximum horizontal cross-section of a building, including
porches, balconies and raised platforms, but excluding cornices, roof
overhangs or gutters projecting not more than three feet from the
adjacent building wall, and steps and terraces not more than three
feet above grade.
The percentage of the net lot area covered by the ground
floor area of all buildings on the lot, excluding any building or
other structure located completely underground.
See "height."
The line which establishes the minimum depth of the front
yard of a lot for the particular district as measured from the street
line.
A building in which is conducted the principal use of the
lot on which it is situated.
The term used to described the size of buildings or other
structures and their relationship to each other, to open areas such
as yards and to lot lines. The term may include: the size; height
and floor area of buildings or other structures; and, all open areas
in yard space relating to buildings and other structures.
An accessory building adjacent to a private swimming pool
used exclusively for showering and dressing in connection with a private
swimming pool, having no service connection for electricity, water
and/or septic disposal independent of the principal building, and
having no facilities for overnight sleeping or cooking.
A commercial establishment like a coffee shop or tearoom
at which food and beverages are sold. Such facility is smaller than
a restaurant and has seating for less than 40 persons.
A business enterprise engaged in preparing and serving a
full line of food and beverages primarily through the use of a service
line where the customer serves himself or is served from displayed
selections, and where table or booth seating facilities are provided;
limited waiter or waitress service may be provided. See also "restaurant."
A travel trailer with a collapsible top which has a body
width exceeding eight feet, a body length not exceeding 10 feet and
a height measured from the ground, when collapsed, not exceeding four
feet. See Illustration VIII.
A built environment in which buildings envelope common areas such as a plaza, green or square, mini-park, and other like areas that may provide gazebos, pavilions, pergolas, benches and landscaping similar to the places shown in Exhibit B, General Manual of Written and Graphic Design Guidelines, Traditional Neighborhood Development (TND) District, for Common TND Open Space.
A portion of a building partly or wholly underground, having
half or more than half of its clear height below the average grade
of the adjoining ground. See also "basement" and Illustration I.
A use by a nonprofit or eleemosynary organization that provides
a service beneficial to the general public or to a significant portion
of the public for no fee or at a fee which is recognized as being
less than that charged by a profit-making organization.
Female of species Gallus domesticus, kept for noncommercial purposes in accordance with § 27-1620.
Civic features of a TND such as pavilions, pergolas, benches,
sculpture gardens, fountains, monuments and the like.
A meeting hall, fire station, mail facility, school, church,
library, museum, community center, or other like type place that is
a community facility within a TND.
A social, professional or philanthropic organization or any
building which serves as a meeting place for such organization which
is not an adjunct to or operated by or in connection with a public
tavern, cafe or other public place, but which may include recreational
and/or dining facilities for the membership and their guests. The
club or lodge shall be characterized by the payment of dues, regular
meetings, and a constitution and by-laws.
The placement or installation of a new wireless communications
facility on previously approved and constructed wireless support structures,
including self-supporting or guyed monopoles and towers, electrical
transmission towers, water towers or any other structure not classified
as a wireless support structure that can support the placement or
installation of a wireless communications facility if approved by
the Township. The term includes the placement, replacement or modification
of accessory equipment within a previously approved equipment compound.
[Added by Ord. No. 2017-206, 11/6/2017]
See "university."
Any equestrian use for which a fee or payment is made, either
directly or indirectly, if the equestrian activities are included
as part of an educational, camp or other program for which a fee is
charged.
[Added by Ord. No. 214-2021, 4/5/2021]
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site, designed and intended
for the use and enjoyment of residents of the planned residential
development, not including streets, off-street parking areas and areas
set aside for public facilities. See Part 15.
A non-commercial outdoor area within a TND tract, which if
not specified otherwise is exclusive of streets, alleys, sidewalks,
street edge strips, residential lot areas (or lot area equivalents),
and parking not accessory to active recreation facilities, which are
designated, reserved, and maintained as active recreation facilities,
passive open space areas, and/or natural resource conservation areas.
A structure erected for the sole purpose of holding antennae
or other communications and telecommunications devices specifically
for communications by a person holding a valid active license issued
by the Federal Communications Commission. Such structures as used
for radio transmission, television, earth satellite stations and similar
structures shall be deemed as communication towers.
The Charlestown Township Comprehensive Plan, as adopted in
2001, as may be amended from time to time, including maps, tables
and text which constitute a policy guide for decisions regarding land
development, land use, circulation, community facilities and utilities
in the Township.
A use which is not appropriate to a particular zoning district
as a whole, but which may be suitable in certain locations within
the district only when specific conditions, factors or provisions
prescribed for such cases within this chapter are present. Conditional
uses and applications for permits therefor, are allowed or denied
by the Board of Supervisors after recommendations are provided the
Planning Commission in conjunction with subdivision and/or land development
plans and applications, unless no subdivision and/or land development
application is filed as to the lot on which a conditional use is proposed
in which case they are allowed or denied by the Board of Supervisors.
Real estate, portions of which are designed for separate
ownership, and the remainder of which is designated for common ownership
solely by the owners of those portions.
A facility with overnight lodging, at which meetings, seminars
and conferences are conducted.
The erection, repair, renovation, demolition or removal of
or otherwise doing any work for, to, on or with regard to any building
or structure; and the excavation, filling and grading of lots in connection
therewith.
A residential living environment and care facilities with
a view toward: creating provisions for sustenance, housing, physical,
spiritual, cultural, social and medical needs; allowing for care of
residents as well as for operation and maintenance of residential
living units; allowing for medical services for residents in the form
of an infirmary for the temporary care of such residents and the treatment
of their medical problems; and, allowing for independent living and
assisted living, as well as skilled nursing facilities for both long-term
and short-term care. The CCRC may include accessory uses primarily
for the benefit of the CCRC residents such as: gift shops; personal
services such as barber shops or beauty salon; cafeteria; community
center; and library.
A visually impenetrable screen created through the effective
use of plant materials, fencing, walls and/or earthen berms.
A lot or a portion of a lot used to store and maintain construction
equipment and other materials customarily required in the building
trade by a building contractor or landscape contractor.
[Added by Ord. No. 210-2019, 11/4/2019]
A retail store of not more than 5,500 square feet of gross
floor area for the sale of food and beverage for off-premises consumption,
personal care items and other similar items. This use may include
ATM machines and the retail sale of automotive fuel under a canopy.
[Added by Ord. No. 210-2019, 11/4/2019]
A lot which is part of a conventional lot development.
A subdivision or land development where all of the tract
area is consumed by lots for dwellings, streets, stormwater management
facilities and utility installations and no common open space is provided,
and the use is governed by the conditional use process.
See "lot, corner."
A commercial building that is less than 2,500 square feet
in gross floor area, in which the sale of retail items including groceries
is offered for the convenience of the neighborhood within a ten-minute
walk of most of the homes in the TND District.
Areas including: flood hazard and high groundwater areas;
wetlands and hydric soils; one-hundred-foot wetland buffers; one-hundred-foot
stream valley buffers; prime agricultural soils; prime agricultural
land; steep and very steep slopes; prime woodlands; visually sensitive
areas and historic and cultural sites and structures.
A use by a nonprofit historic, educational or like organization
which is available to the general public in the form of a museum,
botanical garden or like facility.
A business enterprise providing care of three or more children
less than seven years old and licensed and operated in accordance
with the laws of the Commonwealth of Pennsylvania.
A unit for measuring the sound pressure level equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
Any alteration that involves the razing, dismantling, tearing down, destruction, removal or relocation of all or any part of an historic structure as defined in § 27-1810 of this chapter, including demolition by neglect. Demolition shall not include the razing, dismantling, tearing down, destruction, removal or relocation of any interior structural or architectural feature not visible from the exterior of the historic structure and where not compromising the structural integrity of the historic structure.
Any demolition of an historic structure as defined in § 27-1810 of this chapter that results from the absence of routine maintenance or repair, or the failure to secure a structure from the elements or human intrusion, leading to structural weakness, decay or deterioration, resulting or potentially resulting in the effective demolition of the historic structure or part thereof.
A committee of three persons appointed by the Board of Supervisors to oversee the detailed design process of a TND, as illustrated in Exhibit F. The DRC shall consist of: one member of the Planning Commission; one member of the Board of Supervisors; and one Town Planner/Township Planning Consultant.
Areas defined to meet the requirements for open space in
the Planned Residential Development Districts.
Any person who or which is a landowner, equitable owner or
authorized agent of such landowner who makes or causes to be made
a subdivision of land or an application for tentative or final plan
approval for a planned residential development or preliminary or final
plan approved for a subdivision or a land development.
The provisions for development of a planned residential development,
including 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.
A concept plan (Exhibit C of Part 22) dated December 6, 2007, for the TND District which outlines areas for various intensities of use.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added by Ord. No. 2017-206, 11/6/2017]
An establishment engaged in the receipt, storage, and distribution
of goods, products, cargo, and materials.
[Amended by Ord. No. 210-2019, 11/4/2019]
A building, as at a college, containing a number of private
or semiprivate rooms for residents, along with common bathroom facilities.
[Added by Ord. No. 210-2019, 11/4/2019]
An accessory structure which provides motor vehicle access
for or to a lot.
A building designed for and occupied exclusively for residential
purposes, structurally connected and having one side party wall in
common with one other building; where the other building is a dwelling,
each is commonly referred to as a "twin" dwelling.
A building or entirely self-contained portion thereof used
or occupied exclusively for residential purposes, including a mobile
home, providing complete housekeeping facilities for one family, including
independent cooking, water supply, sanitary and sleeping facilities
and physically separate from any other dwelling whether or not in
the same building. Dwelling units are further classified as follows:
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access and setbacks on all sides.
TWIN OR SEMI-DETACHEDA building containing two dwelling units, separated by a party wall, side by side, each having independent outside access and setbacks on three sides.
DUPLEXA building containing two dwelling units over and under, each of which has independent outside access and setbacks on all sides.
Multi-family. A building containing three or more dwelling units
including, but not limited to, the following: townhouse (single-family
attached), stacked flats and apartment buildings.
TOWNHOUSE OR ATTACHEDA building containing not more than six dwelling units, each of which is separated by party walls on opposite sides, and each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units, and setbacks to the front and rear (internal units) or front, rear, and one side (end units). Each unit can be referred to as an attached unit, particularly when separately owned.
STACKED FLATSDuplex-type (single story per unit) dwelling located within a townhouse-type building, and having no more than two party walls separating it from either townhouse units or other stacked flats.
APARTMENTA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses, and hallways. Apartment units also include dwellings located above ground-floor retail or office uses.
DWELLING, ASSISTED LIVING FACILITYA dwelling that is licensed as a personal care home by the Commonwealth of Pennsylvania, as a type of multi-family dwelling.
DWELLING, INDEPENDENT LIVING FACILITYA dwelling that is licensed as a personal care home by the Commonwealth of Pennsylvania, as a type of multi-family dwelling.
DWELLING UNIT, ACCESSORYA dwelling unit that is either attached to the principal permitted building or to a permitted accessory building on a lot that has common utilities with the principal permitted building and serves as a mother-in-law type suite, or a granny-flat type suite.
Coin-operated electronic or mechanical amusement devices,
including but not limited to baseball and football games, pinball
machines and video games, as an accessory use to a restaurant, bar
or cafe.
Any occurrence or set of circumstances involving actual or
imminent physical or mental trauma to an individual, or property damage.
Any work performed for the purpose of preventing or mitigating
the physical or mental trauma or property damage threatened or caused
by an emergency.
An addition to the gross floor area of an existing building,
an increase in size of a structure or an increase in the use of that
portion of a lot occupied by an existing use.
The commercial equestrian use of a property in which 10 or more horses are sheltered on the property, provided that equestrian events conducted on the property shall involve no more than 150% of the number of horses sheltered on the property and shall not be conducted on consecutive days. An equestrian academy is allowed only as a conditional use in the FR District in accordance with § 27-407, Subsection 2. The number of horses that may be sheltered on a property used as an equestrian academy shall not exceed that permitted by § 27-1615.
[Added by Ord. No. 214-2021, 4/5/2021]
An accessory and incidental agricultural use to a principal
permitted residential use in the FR District, whereby the landowner
with fewer than 10 horses sheltered on the property engages in any
equestrian use, which may or may not involve payment, provided such
activities are limited to the horses sheltered on the property.
[Added by Ord. No. 214-2021, 4/5/2021]
The showing of horses or staging of competitive equestrian
events, whether or not for a fee to participants or spectators.
[Added by Ord. No. 214-2021, 4/5/2021]
Any of the following activities:
[Added by Ord. No. 214-2021, 4/5/2021]
INSTRUCTIONIndividual or group riding lessons on a horse and/or nonmounted instruction.
RENTINGAn activity where horses can be rented for riding on that property.
BOARDING/TRAININGThe sheltering of a horse, which may also include feeding, grooming, exercising, training, etc.
REHABILITATIONRelated to horses being treated for injury, health issues, and general well-being.
RIDINGAn activity where a person sits on a horse with or without a saddle.
DRIVINGAn activity that involves a horse and the use of a carriage.
EQUESTRIAN EVENTThe showing of horses or staging of competitive equestrian activities, whether or not for a fee to participants or spectators.
A horse, pony, mule, or donkey.
[Added by Ord. No. 214-2021, 4/5/2021]
Any number of individuals living together as a single nonprofit
housekeeping unit and doing their cooking on the premises at which
they are living together, excluding, however, occupants of a club,
fraternity house, lodge, residential club or rooming house or group
quarters.
A retail establishment at which fruits, vegetables, breads,
eggs, milk, cheese, meat, flowers, and the like are sold by persons
who typically grow, harvest, or process such items from their farm
or agricultural operation.
Federal Communications Commission.
[Added by Ord. No. 2017-206, 11/6/2017]
A building designed for one or more of the following uses
and no others: office, assembly, warehousing/storage or light manufacturing.
Each flex space building shall have no less than 30% of the building
used for office space. Warehousing, assembly or light manufacturing
shall be a use which shall occupy no more than 70% of the building
area.
An overlay zoning district which is comprised of both flood
hazard areas and high groundwater areas.
The horizontal area of a story of a building, measured from
the exterior faces of exterior walls, or in the case of a common wall
separating two buildings, from the center line of such common walls,
and including porches, balconies and raised platforms, but excluding
cornices, roof overhangs or gutters projecting not more than three
feet from the adjacent building wall, and steps and terraces not more
than three feet above grade.
The gross floor area of all buildings on a lot divided by
the lot area. See Illustration III.
The outer perimeter of the walls of a building.
Those areas of extensive vegetation in which the dominant
plants are trees that are indigenous to the area.
The systematic management and maintenance of forests and
woodlands for purposes such as: the production of timber and other
forest products, watershed protection, recreation and open space preservation,
and conservation.
Includes any duck, turkey, goose or other domestic fowl excluding
chickens.
See "lot frontage."
See "lot line, front."
See "yard, front."
See "parking garage."
An accessory use or part of a permitted principal building
used for the storage of motor vehicles owned and used by the owner,
residents, employees or visitors of such permitted principal building.
A retail sales and service establishment where gardening
and landscaping supplies and materials are sold, including such items
as plants, topsoil, mulch, fertilizer, tools, and equipment.
[Added by Ord. No. 210-2019, 11/4/2019]
An energy generating system that uses the earth's thermal
properties in conjunction with a heat exchanger and heat pump to heat
and cool buildings. Such systems are categorized as:
[Added by Ord. 2017-202, 6/5/2017]
CLOSED LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that utilizes a pressurized heat exchanger consisting of pipe, a circulating pump, and a heat pump in which the heat transfer fluid is not exposed to the atmosphere. The heat transfer fluid is potable or beneficial reuse water and may have approved antifreeze added.
OPEN LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that utilizes a water pump to deliver water from a well or other source to a heat exchanger. The discharge water from the heat exchanger may be returned to the subsurface through an injection or recharge well or infiltration bed, or may be discharged into a pond, lake, or stream.
The average level of ground around a building or other structure,
to be determined by taking grades at two-foot intervals (or multiples
thereof) starting from the beginning of a will or side of a structure,
to the end thereof around the perimeter of the building or other structure
to the point of beginning, using finished grade elevations to the
extent they are not higher or lower than eight feet above the natural
grade. See Illustration IV.
A plaza, square, courtyard, pocket park, promenade, lawn
area, or other outdoor space in which features such as pavers, benches,
gazebos, pergolas, trellises, planters, plantings, lighting, sculpture,
and the like, are installed and maintained.
A lot that has frontage on a green, not a street, as a compliant
open space amenity of a TND.
The total land ownership identified in an application for
a planned residential development divided by the number of dwellings
to be occupied thereon, expressed in dwelling units per acre, such
ownership excluding rights-of-way of existing streets.
The sum of the floor areas of all stories and levels of a
structure, excluding floor area devoted to parking but including any
basement or cellar used for the principal use or for a dwelling unit
by other than a janitor or watchman.
That percentage of the lot area covered by the combined area
of all buildings, other structures and paved or other impervious areas
on the lot.
An arrangement of solar panels and/or solar collectors and
their support structures directly supported by the ground and not
mounted on a building.
[Added by Ord. 2017-202, 6/5/2017]
Any of the following facilities licensed, operated or permitted
under the authority of the Department of Welfare of the Commonwealth
of Pennsylvania or other state department or agency: group foster
homes for children; community residential facilities for those with
an intellectual disability; community residential facilities for the
psychiatrically disabled; and family-based group homes. This definition
does not include day-care centers, nursing homes, general or special
hospitals, prisons, jails, or dormitories.
[Added by Ord. No. 210-2019, 11/4/2019]
A building accessory to a single-family detached dwelling
used exclusively for temporary residential purposes, having no service
connection for electricity, water and/or septic disposal independent
of the principal building, and having no facilities for cooking.
An uppermost story in which the floor are having a clear
height of at least 66 inches is one-third or less of the floor area
of the story next beneath it.
HEIGHT OF BUILDINGThe vertical distance from the average grade taken at ten-foot intervals along the base of the perimeter building wall, using finished grade elevations, to the level of the top of the highest roof beams of a flat roof of a building or to the mean level of a sloped roof of a building, provided that chimneys and spires shall not be included in measuring the height. See Illustration IV. Finished grade shall be no higher than two feet above the original grade on one side of the building, and all other sides shall be no more than eight feet above the original grade.
HEIGHT OF ANY OTHER STRUCTUREThe vertical distance from the average grade along or around the base of any structure that is not a building, using finished grade elevations but not higher than the original grade, to the highest point of any such structure.
A designated land area or roof structure used as a helipad
for the pickup or discharge of passengers and cargo that does not
provide helicopter maintenance and repair facilities or fueling services.
[Added by Ord. No. 210-2019, 11/4/2019]
An area which contains soils with high water table or seasonal
high water table characteristics. Soils in the high groundwater area
include:
A building shown as a Class I Historic Resource, or Other
Historic Resource of Local Significance on the Historic Resources
Map (see Appendix Figure 11).
An occupation principally of a service character accessory to and customarily incidental to the use of a dwelling by a resident thereof, the conduct of which is clearly secondary to the use of the dwelling for living purposes, does not change the character thereof or have any exterior evidence of such secondary use, does not involve the keeping of a stock of merchandise or other goods for sale in connection therewith, and is in accordance with § 27-1614. Tutoring and instruction, including art, music, voice, violin or other musical instrument, limited to a single pupil at a time shall be deemed a home occupation. Group instruction in dancing or vocal or instrumental music, tearooms, barber shops, beauty parlors, real estate offices, insurance offices and tourist homes are not home occupations. The practice by an individual of the professions of medicine, dentistry, law, engineering, architecture, accounting and other professions of a similar type regulated under the laws of the commonwealth in the same fashion as any one of the foregoing specified professions, and other occupations including manufacturer's representative, insurance salesperson, dressmaker and milliner, limited to a single client at time shall be deemed a home occupation, unless such occupation is a major home occupation as defined below.
A type of home occupation that is regulated in § 27-1614.
The art and practice of propagating and cultivating plants
for their produce or for ornament, excluding commercial greenhouse.
Shall be deemed to include sanitarium, clinic, rest home,
nursing home, convalescent home and any other place for diagnosis,
treatment or other care of human ailments.
A facility offering short-term overnight lodging accommodations
to the general public and which may include additional accessory use
facilities and services, such as restaurants, meeting rooms, personal
services, and recreational facilities.
The International Ground Source Heat Pump Association.
[Added by Ord. 2017-202, 6/5/2017]
A surface or surfaces which have materials that do not normally
absorb rainfall or surface water such as buildings, paved parking
areas, paved walks, stoned parking areas, solar panels, solar energy
collectors, and driveways and similar surfaces determined to be impervious
by the Township. Unless specifically stipulated within this chapter,
semipervious paving surfaces shall be considered as being impervious
coverage. Walking trails and/or frontage sidewalks shall not be considered
as being impervious for the purpose of measuring impervious coverage,
but shall be considered as such for the purpose of stormwater management
calculations.
The percentage of the net lot area covered by an impervious
surface.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
See "dwelling, independent living facility."
A building that is specially designed for indoor horse riding
and related uses.
[Added by Ord. No. 214-2021, 4/5/2021]
Any lot which only has access to a public street by an easement
or right-of-way such as a shared driveway, and may be characterized
as "landlocked" in that said lot does not front on a public street;
any lot which has limited frontage to a public street by virtue of
being a flag-shaped lot.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste, iron, steel and other old or scrap ferrous or
nonferrous material, including wrecked, scrapped, ruined, dismantled,
or junked motor vehicles, or parts thereof.
[Added by Ord. No. 210-2019, 11/4/2019]
Any motorized vehicle may be considered a junked vehicle
where the vehicle constitutes a public danger, inconvenience or distraction
and where at least one or more of the following conditions are found
applicable:
[Added by Ord. No. 210-2019, 11/4/2019]
The vehicle is inoperable, as the result of a collision or other
source of damage to said vehicle, for a period in excess of 10 calendar
days.
The vehicle is in a dismantled or partially dismantled condition
and remains inoperable for a period in excess of 10 calendar days.
The vehicle is inoperable as a result of a mechanical failure
which goes unrepaired for a period in excess of 30 calendar days.
The vehicle has remained on private property without the consent
of the owner or person in control of the property for more than 48
hours.
The vehicle is parked and positioned on the premises so as to
constitute an attractive nuisance and a hazard to others.
A boat or personal watercraft which has not been maintained
in seaworthy condition and/or is positioned so as to constitute an
attractive nuisance and/or a hazard to others shall, for the purpose
of this chapter, be construed as a junked vehicle.
Any outdoor establishment, place of business, or activity
which is maintained, used or operated for storing, keeping, buying
or selling junk; for the maintenance or operation of a scrap metal
processor; or for the storage of three or more junked vehicles.
[Added by Ord. No. 210-2019, 11/4/2019]
A use which includes as a principal purpose the housing,
grooming, breeding, boarding, and/or training of dogs and other domesticated
animals, not belonging to the property owner or occupant.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
Any of the following activities: a subdivision of land; or
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.
The person who or which is the legal or beneficial owner
or owners of land; 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 expressly under the lease exercise the
rights of the landowner, or other persons having a proprietary interest
in land.
The horizontal distance between the furthermost walls of
a building or other structure, including any attached carports, porches
and other structures accessory thereto.
A building and premises at which automobile maintenance,
mechanical repair, detailing, and other service is provided, excluding:
retail sales of motor vehicles; the sale or storage of motor vehicle
fuels, oils or fluids (except when sold or stored for use in maintenance
service being performed on the premises); auto body work (such as
auto body repair, restoration and painting); and any outside storage
of motor vehicle accessories or outdoor storage of motor vehicles
(except for required off-street parking). A limited auto repair shop
may entail incidental sale of automobile parts or accessories (such
as tires and batteries) when purchased for installation in vehicles
there being serviced. A limited auto repair shop does not include,
as a principal use, a retail automotive accessories or parts store,
or a specialty retail automotive service use such as a car wash, convenience
oil change, or tire sales center.
A commercial use, such as a shop, studio, office, or other
place of business in combination with a dwelling unit located above
such place of business. A person or persons other than the proprietor
of the business may occupy a live-work unit, when located in the neighborhood
center of the TND District.
Animals, of any kind, raised for sale, resale, food, agricultural
field production, or pleasure, including the keeping of one or more
horses or ponies, but excluding common domestic pets such as cats
and dogs.
An off-street space, accessible from a street or way, in
a building or on a lot, for the temporary use of vehicles while loading
or unloading merchandise, materials, products or other goods.
An e-commerce/warehouse distribution center containing warehouse
and related office space.
[Added by Ord. No. 210-2019, 11/4/2019]
A parcel of land, the land area of which is contiguous and undivided by a street and which conforms to the provisions of this chapter, the Subdivision and Land Development Ordinance [Chapter 22] and all other Township ordinances, codes, regulations, plans and maps; or, any other parcel or tract of land whether or not improved.
The total horizontal area within the lot lines of a lot,
excluding both any area within a street or street rights-of-way and
the area of any right-of-way or easement exclusive to the holder thereof.
An area of land that envelops a building to be conveyed as
a condominium with a footprint-based deed, which is shown on a plan
with dashed lines to demonstrate compliance with applicable area and
bulk regulations, similar to a conventional lot with fee simple lot
lines and yard setback lines.
A lot located at the junction of two or more intersecting
streets where the interior angle formed by the intersection of the
streets is 135° or less. See Illustration V.
A lot (other than a corner lot) having a lot line which abuts
the right-of-way line of a street to which the lot has direct lawful
access as of right over or through the lot line abutting said right-of-way
line.
A property boundary line of any lot held in single and separate
ownership. In the case of any lot abutting a street including shared
driveways, the lot line for such portion of the lot as abuts such
street including shared driveways shall be deemed to be the same as
the street line, and shall not be the center line of the street, or
any other line within the street line.
The lot line abutting a street including shared driveways
and parallel with the street line. In the case of an interior lot,
the landowner or developer when filing any application for subdivision
and/or land development may select the front lot line subject to the
approval of the Township Engineer and the Planning Commission.
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, between the side lot lines,
parallel to and at the maximum distance from the front lot line, and
the setback from which shall be coextensively shown on any plans.
Any lot line other than a front or rear lot line.
A document that provides written and graphic design guidelines
for the TND District in accordance with Part 22 and Exhibits A and
B.
A use involving as a principal purpose the transformation
of materials into new products, including the assembling of congruent
parts, the creation of products, and the blending of materials.
A not for profit corporation organized to benefit exclusively
its membership and the guests thereof, including land, buildings and
facilities for recreational, athletic, social, professional and cultural
purposes. The members of the organization shall have a financial interest
in, and method of control of, the assets and management of the membership
club.
The extraction of minerals from the earth or from waste or
stock piles or from pits or banks by removing the strata or material
which overlies or is above or between them or otherwise exposing and
retrieving them from the surface, including but not limited to strip,
drift, and auger mining, dredging, quarrying, and leaching, and activities
related thereto, but not including those mining operations carried
out beneath the surface by means of shafts, tunnels or other underground
mine openings.
A combination of two or more uses in a building or on a lot.
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 at a site complete and ready for occupancy except
for minor and incidental unpacking, and assembly operations and which
is constructed so that it may be used without a permanent foundation,
but with the same, or equivalent, electrical, plumbing, water supply
and sanitary facilities as for a conventional dwelling. A mobile home
shall include any addition or accessory structure, such as porches,
sheds, decks or additional rooms.
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, which is leased by the
park owner to the owner or occupants of the mobile home erected on
the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for non-transient use,
consisting of two or more mobile home lots.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added by Ord. No. 2017-206, 11/6/2017]
A wireless communications facility or site which consists
of a single pole structure, designed and erected on the ground or
on top of a structure, to support communications antennas and connecting
appurtenances.
[Added by Ord. No. 2017-206, 11/6/2017]
A portable, temporary abode designed to be used for travel,
recreation and vacation, constructed as an integral part of a self-propelled
vehicle, and measuring at least 227 inches in length, 85 inches in
height or 80 inches in width. See also "camper trailer," "mobile home,"
"travel trailer," "pickup coach" and Illustration VIII.
A building or place of business where automobile accessories,
including tires and batteries, are sold at retail and installed therein
and at which maintenance and other service for automobiles is provided
including the sale of motor vehicle fuels, but excluding auto body
repair and painting. A motor vehicle service station may include,
as an accessory use, the retail sale of such items as newspapers,
coffee, take-out foods, and dry goods, provided that such retail sale
space does not exceed 1,000 square feet of building area.
A device designed or used for decreasing or abating the level
of sound escaping from an engine, machinery or like system.
Publicly owned uses such as: parks, playgrounds and other
recreational, cultural and conservation areas; the sites for schools,
sewage treatment, refuse disposal and other public facilities owned
or operated for the good and well-being of the Township; and, activities
regularly conducted by the Township at such sites and/or facilities.
A type of common TND open space maintained for such purposes
as tree protection, meadow management, floodplain conservation, soil
conservation, steep slope conservation, water quality protection,
groundwater recharge, stormwater management with naturalized landscaping,
wildlife habitat protection, scenic amenity, and visual buffering.
The total horizontal area within the lot lines of a lot following
exclusion of:
Seventy-five percent of the aggregate horizontal area of all floodway, flood fringe, and general floodplain areas as defined in § 27-1103, Subsection 5C, of this chapter, and 75% of the aggregate horizontal area of all one-hundred-year floodplains.
Wetland areas within the subject-matter jurisdiction of the
Commonwealth of Pennsylvania Department of Environmental Protection
and/or the United States Army Corps of Engineers, and fifty-foot wetland
buffers.
Areas of very steep slope as defined in § 27-1202, Subsection 3C, of this chapter.
Twenty-five percent of the areas of steep slope as defined in § 27-1202, Subsection 3B, of this chapter.
Areas within an existing, public or private easement (other
than conservation easements) or right-of-way, the terms or conditions
of which restrict or limit the nature, dimensional characteristics,
or intensity of development or development activities within the said
easement or right-of-way.
In the case of an interior lot, any right-of-way or easement
connecting such interior lot to a road or street.
The total horizontal area within the property lines of the
tract to be developed, following exclusion of:
Seventy-five percent of the aggregate horizontal area of all floodway, flood fringe, and general floodplain areas as defined in § 27-1103, Subsection 5C, of this chapter, and 75% of the aggregate horizontal area of all FEMA one-hundred-year Floodplains as depicted on Map C-12, Flood Hazard Areas, in the Charlestown Township Comprehensive Plan of 2001.
Wetland areas within the subject-matter jurisdiction of the
Commonwealth of Pennsylvania Department of Environmental Protection
and/or the United States Army Corps of Engineers, and Wetlands and
fifty-foot Wetland Buffers as depicted on Map C-11, Wetlands &
Wetland Buffers, in the Charlestown Township Comprehensive Plan of
2001.
Areas of very steep slope as defined in § 27-1202, Subsection 3C, of this chapter.
Twenty-five percent of the areas of steep slope as defined in § 27-1202, Subsection 3B, of this chapter.
Areas within an existing, or proposed, public or private easement
(other than conservation easements) or right-of-way, the terms or
conditions of which restrict or limit the nature, dimensional characteristics,
or intensity of development or development activities within the said
easement or right-of-way.
In the case of an interior lot, any right-of-way or easement
connecting such interior to a road or street.
Any sound which annoys or disturbs humans or animals or which
causes or tends to cause an adverse psychological or physiological
effect on humans or animals.
Any sound which (1) endangers or injures the safety or health
of humans or animals, or (2) endangers or injures personal or real
property, or (3) is in excess of the sound levels by zoning districts
established in Part . . .
Non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower WCFs
shall not include support structures for antennas and related equipment.
[Added by Ord. No. 2017-206, 11/6/2017]
A lot of record existing at the passage of this chapter or
of subsequent zoning amendments, which does not have the minimum width
or other required dimensions, does not contain the minimum area for
the district in which it is located or otherwise does not conform
to permit as of right the construction of a principal building otherwise
permitted as of right in the district in which the lot is located.
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions of this chapter where
such structure lawfully existed prior to the enactment thereof which
has continued to exist thereafter at all times. Such nonconforming
structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this chapter where such use
lawfully in existence prior to the enactment thereof which has continued
to exist thereafter at all times.
A corporation formed or existing under the not for profit
corporation law of the Commonwealth of Pennsylvania.
A school authorized by the Commonwealth of Pennsylvania for
children prior to first grade.
A use in a building at which general business, professional
business, governmental business, and/or business of an institution
or industry is conducted.
A single system of piping, a septic tank or other approved
and permitted facility serving a single lot and collecting and disposing
of sewage in whole or in part into the soil through a septic tank:
filter field, by evaporation or otherwise.
An individual well serving one lot and/or a water supply
on a lot occupied or to be occupied and serving one permitted principal
building and accessory structures on the same lot.
Parking that is adjoining the curb line of a street, and
that is either parallel to or at a 45° angle from the curb line.
Lands characterized as critical environmental areas or used
for noise and/or visual buffers and described in the open space provisions,
Part 15.
A subdivision or land development which is an alternative to conventional lot development, in which lots are arranged with particular consideration of and sensitivity toward critical environmental areas, by allocating open space for various conservation and/or recreation purposes in compliance with § 27-404 and Part 15.
An option that provides an alternative to conventional single-family
detached dwellings which allows for the grouping of lots and the preservation
of open space in accordance with Part 4.
An off-street area containing one or more parking spaces
with passageways and driveways appurtenant thereto.
A structure, other than a ground surface parking area, for
the storage or parking of motor vehicles and in which no other use
is conducted.
A green, as defined in this § 27-202, within a parking lot.
A space not in excess of 7% slope as to single-family detached
dwellings and as to all other uses not in excess of 5% slope, available
for the parking of one motor vehicle, not less than 10 feet wide having
an area of not less than 200 square feet, exclusive of passageways,
driveways or other means of circulation or access. To qualify as a
parking space, the space in question shall have direct access to or
from a street, driveway or other means of motor vehicle circulation
or access abutting such space such that another motor vehicle parking
in abutting space in no way limits the movement of any motor vehicle.
A parking space shall include either covered garage space or uncovered
parking lot space located off the street right-of-way.
A type of open space or common TND open space designed for
informal pursuits that require a minimal amount of land development,
involving activities such as walking, sitting, gardening, picnicking,
and nature study.
Per net acre of land in a tract, i.e., the acreage of a tract
less the amount thereof within a street right-of-way or within an
easement, the area of which is exclusive to the holder thereof.
Any individual, association, trust, partnership or corporation,
and includes any members, director, officer, employee, partner or
principal thereof. Whenever used in any clause prescribing and imposing
a penalty, person includes the individuals who are members, trustees,
partners, directors, officers, managers and supervisors, or any of
them, of partnerships, associations, corporations or other form of
entity.
A shop for a barber, beautician, shoe repairman, tailor,
dress maker, and the like.
A device designed to be mounted on a truck chassis for occupancy
as a temporary abode for travel, recreation or vacation. See "camper
trailer," "mobile home," "motor home," "travel trailer" and Illustration
VIII.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwellings and a minimum percentage
of open space in accordance with the regulations for planned residential
development of this chapter.
A small horse of any of a number of breeds usually not over
58 inches high at the withers.
An unenclosed extension of a building no smaller than seven
feet deep by 14 feet wide.
Domestic fowl raised for meat or eggs; chickens, turkeys,
ducks, geese and the like.
The facade of a building along a street.
A street on which a building has frontage. On a corner lot
there are two primary streets.
[Added by Ord. No. 210-2019, 11/4/2019]
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 Resources Conservation Service, County Soil
Survey.
Those soils possessing the greatest production capability
for crops. Important Farmlands, and Additional Farmlands of Statewide
Importance, as defined, by the U.S. Department of Agriculture, Soil
Conservation Service, are considered as prime agricultural soils.
A building in which is conducted or is to be conducted the
principal use of the lot on which such building is situated.
A structure, not qualifying as a building, in, on or by which
the principal use of the lot on which such structure is situated is
conducted or is to be conducted.
An institution conducting a regularly scheduled curriculum
of study similar to that of the public elementary schools and operated
in accordance with the laws of the Commonwealth of Pennsylvania.
An institution conducting a regularly scheduled curriculum
of study similar to that of the public secondary schools and operated
in accordance with the laws of the Commonwealth of Pennsylvania.
A formal meeting held pursuant to public notice by the Board
of Supervisors, the Planning Commission, or the 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.
Notice published once a week for two successive weeks in
a newspaper of general circulation in the Township stating the time
and place of the hearing and the particular nature of the matter to
be considered at the hearing or meeting. The first publication shall
be not more than 30 days and the second publication shall not be less
than seven days from the date of the hearing or meeting.
The legal right-of-way for any street, sidewalk, alley or
similar place which is owned or controlled by a governmental entity
for the purpose of at least providing passage, repassage and other
traverse thereover by motor vehicles.
An educational institution operated by a public school district
in accordance with the laws of the Commonwealth of Pennsylvania.
Any system which is administered and operated by the Valley
Forge Sewer Authority or other governmental agency, authority or commission
for the collection, conveyance, treatment and disposal of wastes.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any person duly authorized to furnish to the public, under
public regulation, electricity, gas, water, sewage treatment, steam,
cable television or telephone or telephone service.
Any system for water distribution and water supply, other
than an off-site water supply system which is regulated as to service
or rates by a governmental agency, authority or commission.
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose of this chapter, a pure tone shall
exist if the 1/3 octave band sound pressure level in the band with
the tone exceeds the arithmetic average of the sound pressure levels
of the two contiguous octave bands by five dB for center frequencies
of 500 Hz and above by 8 dB for center frequencies between 160 and
400 Hz and by 15 dB for center frequencies less than or equal to 125
Hz.
See "guest house."
All land whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
See "lot line, rear."
See "yard, rear."
Facilities designed and used for active and passive participatory
athletic and general recreation activities, such as fitness clubs,
gymnasiums, skating rinks, swimming pools, tennis courts and ball
fields; excluded are facilities intended for spectator activities,
such as stadiums and arenas, and any structure in which is maintained
for the amusement, patronage or recreation of the public more than
three electronic games.
A use involving a structure or place in which worship and
ceremonies pertaining to a particular system of beliefs are held.
The aggregate area of buildings in a TND that comprise one
or more dwelling units, and the off-street parking, landscaping, and
portions of a TND tract area associated with such buildings, exclusive
of streets, sidewalks and street edge strips and required common TND
open space, which delineate a portion of a TND tract for the purpose
of establishing compliance with specified area and bulk regulations.
A building used for the purpose of furnishing food and beverage
to the public to be consumed within the building, and on the premises
in a courtyard enclosed by a fence, hedge or wall, or as an outdoor
cafe in a TND District, in which food is thereby prepared, with an
area within the building of not less than 2,500 square feet, equipped
with tables and chairs accommodating at least 40 persons at one time
excluding counter or bar service seating areas. The building shall
have separate toilet facilities for men and women customers and separate
toilet facilities for men and women employees. See also "cafeteria"
and "cafe."
A building that houses a store or like-type establishment,
that offers goods and products for retail sale to the general public.
The aggregate area of a building and/or buildings in a TND
that provide for the retail sale of goods and products to the general
public, office use, and/or personal service shop use, and the parking
sidewalks, landscaping and other outdoor amenities associated with
such building(s), which delineate the portion of a TND tract for the
purpose of establishing compliance with specified area and bulk regulations.
An arrangement of solar panels or solar collectors, including
frames mounted on a roof of a building, whether pitched or flat.
[Added by Ord. 2017-202, 6/5/2017]
The use of plant materials, fencing, walls and/or earthen
berms to aid in the concealment of such features as parking areas
and vehicles within them, and to provide privacy between two or more
different land uses or activities; a visual and/or sound buffer or
other barrier.
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
[Added by Ord. No. 210-2019, 11/4/2019]
The area to be designated, delineated, depicted and otherwise
noted on any plans as separating buildings or groups of buildings,
or the area separating parking areas from loading zones from buildings
and groups of buildings or the lines of the buildable areas and the
lot lines. Setback areas also include the area separating a building
or a group of buildings or their parking areas from the street line
and other lines.
A woody plant, usually deciduous, which normally grows with
one main trunk to a height in excess of 40 feet and has a canopy which
screens and filters, the sun in summer, and winter, respectively.
The shadows cast by a wind energy system's moving blades
on a sunny day.
[Added by Ord. 2017-202, 6/5/2017]
A private way entirely upon one lot to which no more than two other lots lacking a front lot line on a public street abut and have direct lawful access by recorded grant of easement for at least passage, repassage or other traverse by motor vehicle, the length of which from the street line of a street other than another shared driveway to the end line of said way is not in excess of 1,000 feet and the grade of which conforms to the minimum and maximum grade requirements for driveways set forth in the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.
The occupancy of a portion of an owner-occupied single-family
detached dwelling in the FR District for temporary rental occupancy
by transient visitors.
[Added by Ord. No. 210-2019, 11/4/2019]
See "lot line, side."
See "yard, side."
Any permanent or temporary structure or part thereof, or
any device attached, painted or represented directly or indirectly
on a structure or other surface that shall display or include any
letter, work, insignia, flag or representation used, as, or which
is in the nature of, an advertisement, announcement, visual communication,
direction, or is designed to attract the eye or bring the subject
to the attention of the public. Flags of any governmental unit or
branch of any charitable or religious organization, interior signs
not visible from a public right-of-way or adjoining property, and
cornerstones built into or attached to a wall of a building are excluded.
Any sign which specifically relates to the permitted use
of the premises on which said sign is erected and which serves as
a further description of products available to or services provided
for the general public.
The area of a sign shall be construed to include all lettering,
wording and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, but not including
any supporting framework and bracing which are incidental to the display
itself. Where the sign consists of individual letters or symbols attached
to or within a surface, building, wall or window, the area shall be
considered to be that of the smallest rectangle or other shape, including
the sign background, which encompasses all of the letters and symbols.
A sign, the illumination of which is not kept constant in
intensity at all times when in use, and which exhibits sudden or marked
changed in lighting effects. Illuminated signs which indicate the
time, temperature or date information shall not be considered a flashing
sign.
A sign supported by, or suspended from, a freestanding column
or other support(s) located in or upon the ground surface.
Any sign, other than a pole sign, placed upon or supported
by the ground independent of any structure.
A sign designed to give forth artificial light directly (or
through transparent or translucent material) from a source of light
within such sign or a sign with illumination derived from an external
artificial source so arranged that no direct rays of light are projected
from such artificial source to areas other than the sign being illuminated.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the lot on which the sign is located.
A sign relating in its subject matter to the lot on which
it is located, or to products, accommodations, services or activities
on the lot. On-premises signs do not include signs erected by the
outdoor advertising industry in the conduct of the outdoor advertising
business.
A sign which is mounted parallel to a wall or other vertical
building surface not extending beyond the edge of any wall or other
surface to which it is mounted and not projecting more than 15 inches
from the wall surface.
A sign that is mounted on a freestanding pole or other single
support.
A sign which is attached directly to the structure wall and
which extends more than 15 inches from the face of such wall.
A sign pertaining to the sale or lease of the premises on
which the sign is located.
A temporary or permanent sign which is oriented to the public
right-of-way, is legible to persons in vehicles and is located on
the outside or inside of a window to direct attention to an activity
conducted on the same lot.
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
A device intended to capture the radiant heat from the sun.
For purposes of this chapter, solar collectors shall be limited to
solar panels and solar water heaters.
[Added by Ord. 2017-202, 6/5/2017]
A small scale energy system that consists of one or more
solar panels and/or collectors, "balance of system" equipment, and
other associated infrastructure with the primary intention of generating
electricity, storing electricity, or otherwise converting solar energy
to a different form of energy.
[Added by Ord. 2017-202, 6/5/2017]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added by Ord. 2017-202, 6/5/2017]
An oscillation in, pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristics of such sound, including
duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4-1974, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and any applicable
weighting network used to measure sound pressure levels which meets
or exceeds the requirement for a Type I or Type II sound level meter
as specified in ANSI Specification S1.4-1974. The manufacturer's
published indication of compliance with such specifications shall
be prima facie evidence of such compliance.
Camouflaging methods that are used in the installation of
wireless communications towers, antennas and other facilities which
render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such 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 trees, shrubs, flagpoles
and light poles.
[Added by Ord. No. 2017-206, 11/6/2017]
Those areas of land which are characterized by a change in elevation of 15% or more but not exceeding 25% over a distance or contour specified in § 27-1202, Subsection 3E, of this chapter.
That portion of a structure included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a structure included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a basement
or cellar is more than six feet above grade, such basement or cellar
shall be considered a story.
A public or private street or shared driveway, serving as
a means of vehicular and pedestrian travel, furnishing access to abutting
lots and used to provide space for installation, improvements such
as sewers, other utilities, street trees, sidewalks.
A grass area, or unit paver area, located between the sidewalk
and the curb of a street in the TND Districts.
The dividing line between a lot and the right-of-way line
of a street abutting a lot line.
An existing state or Township road.
The wall of a building adjoining a sidewalk at the edge of
the street right-of-way; or architectural elements such as walls,
pillars, and colonnades, in lieu of a building wall when an existing
building is already set back from the street wall line.
The space formed by buildings located close to the street,
which is embellished with sidewalks, street trees, street lights,
curbs, on-street parking, and cartways. The streetscape is framed
by buildings that create the "outdoor room" character of a traditional
neighborhood.
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams or girders, or any change which could convert
an existing building or other structure into a different structure,
or adapt it to a different use.
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
Any man-made object having an ascertainable stationery location
on or in land or water, whether or not affixed to the land. Buildings,
streets, and any other improvement shall be considered a structure,
however that portion of a street which lies within any yard and is
necessary and suitable for ingress, egress and access to and from
the interior of any lot shall not be considered a structure for purposes
of this definition and the existence of such a street within any yard
shall not be deemed to violate any prohibition against structures
in a yard set forth in any zoning district in this chapter.
See "height; height of any other structure."
The division or redivision of the lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development. Provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or residential
dwelling, shall be exempted.
[Added by Ord.
No. 2017-206, 11/6/2017]
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
A facility in a campus-type setting offering short-term and
longer-term overnight lodging accommodations, particularly to business
travelers, including kitchen and dining facilities in each unit, as
well as sitting areas for small meetings with clients in each unit,
and which may include conference rooms and other common area facilities
for recreation, fitness, and personal services.
Any reasonably permanent pool or open tank, not located within
a completely enclosed building, and containing, or normally capable
of containing water to a depth at any point greater than 1 1/2
feet. Farm ponds and/or lakes are not included, provided that swimming
is not the primary purpose for their construction.
An uncovered flat platform of earth with a surface material.
A terrace which has a roof and which is attached to a building shall
be considered a porch.
A guyed or freestanding structure, including anchor and foundation,
that is specifically engineered to support a wind turbine.
[Added by Ord. 2017-202, 6/5/2017]
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added by Ord. No. 2017-206, 11/6/2017]
See definition for "dwelling, townhouse or attached."
A form of land development in accordance with Part 22 and consistent with TND as per Article VII-A of the Municipalities Planning Code (MPC), 53 P.S. § 10701-A et seq.
An occupant of a dwelling unit who rents for not more than
30 consecutive days, unless the occupant is a relative of the owner.
[Added by Ord. No. 210-2019, 11/4/2019]
A vehicular portable device built on a chassis, designed
to be used primarily as a temporary abode for travel, recreation and
vacation use, having a body width not exceeding eight feet and a body
length not exceeding 32 feet. See also "camper trailer," "mobile home,"
"motor home," "pickup coach" and Illustration VIII.
A facility where trucks and tractor trailers are dispatched
off site to pick up and deliver goods, supplies, equipment, and materials.
[Amended by Ord. No. 210-2019, 11/4/2019]
An institution of higher education operated in accordance
with a charter issued under the laws of the Commonwealth of Pennsylvania.
An outdoor area or areas with a minimum width of 150 feet,
designed, constructed and maintained for active and passive equestrian
or pedestrian use. It may include plazas, courts, lawns, gardens,
sitting areas and similar types of areas, and shall be provided with
such paving, planting beds, fountains, sculptures and works of art,
seating and comparable facilities as may be appropriate to the location.
The design shall complement the architecture of the building or buildings
on the same lot. All usable open space shall be designed, constructed
and maintained so as to be readily accessible to persons entitled
to use it.
The specific purpose for which land or a structure is proposed
to be subdivided and/or developed or is otherwise designed, arranged,
intended or for which it is proposed or may be used, occupied or maintained.
Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter, as applied to a specific property, in accordance with the provisions of Part 19.
Those areas of land which are characterized by a change in elevation of 25% or more over a distance or contour specified in § 27-1202, Subsection 3E, of this chapter.
A building used primarily for the storage of goods and materials.
A stream with year-round or substantially year-round flow
such as a stream, creek or run.
A system that converts wind energy into usable forms of energy.
Associated equipment includes any base, blade, foundation, nacelle,
rotor, tower, transformer, vane, wire, inverter, batteries or other
component necessary to fully utilize the wind energy. For purposes
of this chapter, a wind energy system is an accessory use with a maximum
rated output, as designated by the manufacturer, of 20 kilowatts (kW)
or less.
[Added by Ord. 2017-202, 6/5/2017]
The distance measured from the surface of the tower foundation
to the highest point of a wind generator blade when the tip is at
its highest point.
[Added by Ord. 2017-202, 6/5/2017]
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. No. 2017-206, 11/6/2017]
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunications services. The
term shall not include the wireless support structure.
[Added by Ord. No. 2017-206, 11/6/2017]
A freestanding structure, such as a tower-based wireless
communications facility, electrical transmission tower, water tower
or any other support structure that could support the placement or
installation of a wireless communications facility if approved by
the Township.
[Added by Ord. No. 2017-206, 11/6/2017]
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line. In measuring a yard, the line
of a building shall be deemed to mean a line parallel to the nearest
lot line, drawn through the point of the building or group of buildings
which is nearest to such lot line, and the measurement shall be taken
at right angles from the lot line to the nearest line of the building.
A required yard is that portion of a yard meeting the minimum yard
requirements therefor of this chapter, measured from the lot line.
See Illustration IX.
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the nearest
point of the permitted principal building or buildings on the lot.
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of the permitted principal building or buildings on the lot.
A yard extending the full depth of the lot along the side
lot line and extending in width from such side lot to the nearest
point of the permitted principal building or buildings on the lot.
