[Amended by Ord. No. 10-2017-614, 10/26/2017; and by Ord. No. 09-2021-639, 6/24/2021]
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
ABUT
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street, alley, or waterway.
See definition of "adjacent."
ACADEMIC CLINICAL RESEARCH CENTER
An accredited medical school within this Commonwealth that
operates or partners with an acute care hospital licensed within this
Commonwealth.
ACCESS EASEMENT
A paved or gravel access that is not a public street, and
that legally and permanently guarantees the right for occupants of
a certain lot(s) or building(s) to traverse such easement across property
that such occupants may not own in order to reach a street.
ACCESS POINT
One combined vehicle ingress/egress point, or one clearly
defined entrance point separated from another clearly defined exit
point. This term shall not include accessways or driveways that are
strictly and clearly limited to use by only emergency vehicles; such
accesses are permitted by right as needed.
ACCESSORY BUILDING OR STRUCTURE
Any building or structure detached from and subordinate to
a principal building or structure on the same lot and which is used
for purposes that are clearly customarily incidental to the uses of
the principal building or structure. Any portion of a principal building
or structure used for an accessory use shall not be considered to
be an accessory building or structure.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building. An accessory use may or may not be located within a principal
structure.
ACCESSWAY
A privately owned, constructed, and maintained vehicular
access roadway accessing more than three dwelling units on the same
lot, more than two dwelling units on separate lots, or any commercial,
institutional, or industrial principal uses. The term "accessway"
and its regulations shall also apply to the "pole" portion of a flag
lot, regardless of the use or number of units on the lot. May also
be referred to as "shared driveway" or "access drive."
ACRE
Forty-three thousand five hundred sixty square feet.
ADDITION
An extension or increase in floor area or height of an existing
building or structure beyond the walls or roof of an existing building
or structure.
ADJACENT
Includes contiguous lots that share a common lot line or
that are separated only by a street, alley, or waterway. May also
be referred to as "adjoining."
ADULT DAY-CARE CENTER
A use providing supervised care and assistance primarily
to persons who are over age 60, handicapped or need such daily assistance
because of their limited physical or mental abilities. This use shall
not include a treatment center or the care of persons who need oversight
because of behavior that is criminal or violent. This use may involve
occasional overnight stays but shall not primarily be a residential
use. The use shall involve typical stays of less than a total of 60
hours per week per person.
ADULT LIVE ENTERTAINMENT USE
A use, including live entertainment involving persons (which
may include, but are not limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or completely nude female breasts or engaging in
simulated or actual specified sexual activities (see definition in
this section) related to some form of monetary compensation paid to
a person, company or organization operating the use or to persons
involved in such activity.
ADULT MOVIE THEATER
A use involving the presentation, typically to three or more
persons at one time, of motion pictures, videotapes or similarly reproduced
images distinguished or characterized by an emphasis on depiction
of specified sexual activities (see definition in this section) for
observation by patrons therein and that is related to some form of
monetary compensation by the persons viewing such matter.
ADULT STORE
A use that has over 10% of the total floor area occupied
by items for sale or rent that are books, films, magazines, video,
paraphernalia, novelties or other periodicals which are distinguished
or characterized by a clear emphasis on matter depicting, displaying,
describing or relating to uncovered male or female genitals or "specified
sexual activities" (as defined in this Part).
ADULT USE
This shall include only the following: adult store, adult
movie theater, massage parlor or adult live entertainment use.
AFTER-HOURS CLUB
A commercial use or membership club that permits the consumption
of alcohol during and is routinely open between the hours of 2:00
a.m. to 4:00 a.m., in addition to any other hours. See also the applicable
1990 state law that generally prohibits this use if admission is charged.
This term shall not regulate a use without a liquor license in which
the premises are vacated by 2:30 a.m.
AGE-RESTRICTED COMMUNITY
A residential development limited exclusively to persons
aged 55 years and older and their spouses. May also be referred to
as a "retirement village."
AGRICULTURE
Crop farming, plant nursery and animal husbandry. See definition
of each.
AIRPORT
An area of land which is designated, used or intended to
be used for the landing and takeoff of motorized fixed-wing aircraft
weighing more than 50 pounds each, and any related aircraft support
facilities such as for maintenance, refueling and parking. A public
airport shall be one that does not meet the definition of a private
airport. A private airport shall be one that is limited to a maximum
total of 15 flights and/or takeoffs in any seven-day period and that
is not available for use by the general public. See also "heliport."
ALLEY
A public right-of-way providing secondary access to the side
or rear of one or more abutting properties, which has a maximum right-of-way
width of 20 feet. Regardless of whether an alley is given a street
name, no new principal building shall have its only frontage onto
an alley. See also "street classification."
AMATEUR RADIO ANTENNA
A device, partially or wholly exterior to a building, that
is used for receiving and/or transmitting electronic signals or short-wave
or citizens-band radio frequencies. This includes any accessory supporting
structures. This term shall not include an antenna that is mobile
and attached to a state-licensed motor vehicle.
ANIMAL CEMETERY
1.
Land or buildings used for the interment or burial of the remains
of noncremated animals.
2.
This term shall not include the following, which shall be permitted
by right as accessory uses in any district:
A.
The burial of one or two animals on a lot of less than 30 acres;
B.
The burial of up to nine animals on a lot of 30 or more acres;
and
C.
The spreading of remains of animals cremated in a sanitary fashion.
3.
See also any applicable regulations of the Pennsylvania Department
of Environmental Protection.
ANIMAL HOSPITAL
Any establishment offering veterinary services. Animal hospitals
can treat all types of animals and can include overnight boarding
of animals, other than dogs, that are not sick or recovering. Any
other boarding of dogs shall be regulated as a kennel.
APPLICANT
A landowner or developer who has filed an application with
the Township, including all heirs, successors, assigns, and designated
agents.
ASSISTED LIVING FACILITY
A residential facility licensed as such by the Commonwealth
of Pennsylvania and which provides meals, supervision and support
services for four or more elderly persons or other persons needing
such care. See the state definition and regulations in 55 Pa. Code
Ch. 2800 or its successor section. For the purposes of this chapter,
personal care homes and assisted living facilities are regulated in
the same manner.
ATTIC
That part of a building which is immediately below and wholly
or partly within the roof framing. See the definition of "floor area."
AUDITORIUM, COMMERCIAL
A commercial area or structure involving indoor or outdoor
space for exhibits, meetings, live performances or sports events,
but not including a use that meets the definition of an indoor theater,
accessory meeting rooms of a hotel/motel or adult live entertainment
use. See the definitions of "restaurant, standard" and "restaurant,
fast-food."
AUTO RECONDITIONING
The completion of minor repairs to a motor vehicle for primarily
cosmetic reasons, such as removal of scratches, small dents and fabric
tears. Use may include auto detailing and nonautomated auto wash but
shall not involve body work or engine repairs.
AUTO REPAIR GARAGE
A building and/or land where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage may include, but not be limited to, any use that involves any of the following work: major mechanical or body work, grinding, straightening of body parts, spray painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. See restrictions on auto repair in residential districts in "Residential Accessory Structure or Use," §
27-403.
AUTO SERVICE STATION
A building and/or land where gasoline is sold, and where
no repairs are conducted, except work that may be conducted that is
similar in character to the following: sale and installation of oil,
lubricants, antifreeze and similar accessories. This use may include
the sale of ready-to-eat food for consumption off the lot and common
household products as a clearly accessory use, provided that the total
parking requirements of Part 6 are complied with. An accessory use
providing motor fuel only to vehicles operated by that business shall
not be considered to be a gasoline service station.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOMES SALES
A building or area, other than a street, used for the outdoor
or indoor display, sale or rental of two or more of the following
in operable condition: motor vehicles, recreation vehicles, boat trailers,
farm machinery, motorcycles, trucks, utility trailers, construction
vehicles, boats or transportable mobile/manufactured homes in a livable
condition. This use may include an auto repair garage as an accessory
use, provided that all requirements of such use are complied with.
This use shall not include a mobile/manufactured home park or a junkyard.
The occasional sale of a single such vehicle on a lot is a permitted-by-right
accessory use in all districts.
AVERAGE GROSS RESIDENTIAL DENSITY
In a PRD, the number of proposed and existing dwelling units
divided by the number of acres in the PRD proposed for residential
use.
BASEMENT
An enclosed floor area partly or wholly underground. See
definitions of "story" and "floor area."
BED-AND-BREAKFAST
The use of a single-family detached dwelling which includes
the rental of overnight sleeping accommodations and bathroom access
to transient visitors to the area for a maximum of 10 temporary guests
at any one time, and which does not provide any cooking facilities
or meals other than breakfast to guests. This use shall only include
a use renting facilities for a maximum of 14 days in any sixty-day
period to any one person. The use shall not include the regular on-site
provision of meals for compensation to persons who are not permanent
residents or guests, unless the requirements for a restaurant are
also met.
BEEKEEPING
The raising or keeping of bees within a man-made enclosure
(beehive) for hobby or business purposes.
BETTING USE
A use where lawful gambling activities are conducted, including,
but not limited to, off-track betting or use of slots machines. This
term shall not include betting under the state lottery programs or
betting under the "Small Games of Chance" provisions of state law,
which shall instead be regulated under the regulations applicable
to the principal use of the property (such as a membership club).
Such use may include a restaurant.
BILLBOARD
An off-premises sign with any total sign area greater than
50 square feet.
BLAST or BLASTING
The explosion of dynamite, black powder, fuse, blasting cap,
detonators, electric squibs or other explosives, other than lawful
fireworks displays.
BOARD
Unless otherwise stated, the Zoning Hearing Board of Salisbury
Township.
BOARDER
An individual, other than a member of a family occupying
a dwelling unit or owning a lodging facility, who, for compensation,
is furnished sleeping accommodations within such dwelling unit or
lodging facility and who also may be furnished meals or other domestic
services in return for compensation.
BOARDINGHOUSE or ROOMING HOUSE
A residential use in which two or more individual rooms that
do not meet the definition of a "dwelling unit" are rented for habitation
or the occupancy of a dwelling unit by greater than the permitted
maximum number of unrelated persons. This term includes uses commonly
known as "single room occupancy housing." This term shall not include
a use meeting the definition of a "hotel," "dormitory," "motel," "life
care center," "personal care home," "assisted living facility," "bed-and-breakfast
use," "group home" or "nursing home." A college fraternity or sorority
house used as a residence shall be considered a type of boardinghouse.
A boardinghouse may either involve or not involve the providing of
meals to residents. This use shall only involve renting living accommodations
for minimum periods of five consecutive days. If a boardinghouse includes
six or more units, an on-site manager shall be provided, who is not
a temporary boarder.
BUFFER YARD
A strip of land separating a land use from another land use
or feature, and which is not occupied by any principal or accessory
building, parking, outdoor storage or any use other than open space
or approved pedestrian pathways. A buffer yard may be a part of the
minimum setback distance, but land within an existing or future street
right-of-way shall not be used to meet a buffer yard requirement.
BUFFER ZONE
In regards to cutting of trees, the land surrounding the
immediate perimeter of a logging operation in which no cutting of
trees or other vegetation shall occur, except for the isolated cutting
of individual trees which are dead, damaged, sick, infected or constitute
a danger to neighboring properties or the public in general.
BUILDING
Any structure, excluding a swimming pool, having a permanent
roof and/or permanent walls, a footprint greater than or equal to
10 square feet, and a height greater than or equal to six feet. The
term "permanent walls" includes, but is not limited to, screens, windows,
glass, and lattice work. The term "permanent walls" does not include
covering over footers or support poles for a deck or porch less than
or equal to three feet high. All buildings are structures but only
those structures that meet this definition shall be considered buildings.
BUILDING COVERAGE
The percentage obtained by dividing the maximum footprint
covered by all principal and accessory buildings on a lot by the total
lot area of the lot upon which the buildings are located.
BUILDING LENGTH
The horizontal, exterior measurement between the two most-distant
portions, other than portions measured diagonally, of any building,
typically measured in the general direction that is most closely parallel
to the lot length.
BUILDING WIDTH
The horizontal, exterior measurement between the two second
most-distant portions, other than portions measured diagonally, of
any building, typically measured in the general direction that is
most closely parallel to the required lot width.
BUILDING, PRINCIPAL
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
BULK RECYCLING CENTER
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household for some productive reuse, but which does not involve the
actual processing or recycling of hazardous or toxic substances, and
which does not primarily involve the processing of nonrecycled solid
waste, unless the use also meets the applicable requirements for a
solid waste transfer facility. This definition shall not include a
junkyard.
BULK STORAGE
Storage beyond what is reasonably needed for customary use
on site. This includes storage of substances intended to be sold or
resold for use off site.
BUSINESS SERVICES
A for-profit operation that provides building cleaning and
maintenance, office equipment sales and service, photocopying, or
similar work, and that mainly serves other businesses.
CAMPGROUND
A use that is primarily recreational in nature that involves
the use of tents or sites leased for recreational vehicles for transient
and seasonal occupancy by persons recreating or travelers, or the
use of tents or cabins for seasonal occupancy by organized groups
of persons under age 18 and their counselors.
CARE AND TREATMENT FACILITIES FOR YOUTH
A use involving residential and/or outpatient counseling
and support facilities primarily for persons age 18 or younger who
primarily need such special services because of emotional or behavioral
concerns or because of inadequate care provided by families. Such
facilities may also include counseling and support facilities for
the families of the youth, as well as programs for persons of any
age who have aged out of the program. Such facilities may also include
child day-care facilities, diagnostic assessment, residential group
homes, on-site and off-site recreation programs and educational programs
for such youth.
CAREGIVER
The individual designated by a patient to deliver medical
marijuana.
CARPORT
A roofed building intended for the parking or storage of
one or more motor vehicles, but which is not enclosed on all sides
by walls or doors. If any portion of a carport is attached to a principal
building, it shall be considered to be part of that building.
CARTWAY
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
CEMETERY
Land or buildings used for the burial of deceased humans,
but not animals. The interment or scattering of remains of properly
cremated humans is not regulated by this chapter.
CERTIFIED MEDICAL USE
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the Commonwealth.
CHAIRPERSON
Includes Chairman, Chairwoman, Chair and Acting Chairperson
(when applicable).
CHRISTMAS TREE FARM
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale of trees from November 15 to December 30 that were produced on
the premises. Shall not be included in the classification of "tree
harvesting."
CLINICAL REGISTRANT
An entity that:
1.
Holds a permit both as a grower/processor and a dispensary;
and
2.
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
COLLEGE or UNIVERSITY
An institution of higher learning licensed by the State Department
of Education to provide academic or professional degrees or certificates
and which primarily serves persons age 18 years and older. See also
the definition of "trade school." Such use involving health care or
dental training may occur as an accessory use to a hospital, provided
that dormitories and other student residential facilities shall only
be allowed where specifically permitted in the district regulations.
COMMERCIAL COMMUNICATIONS TOWER
A structure, partially or wholly exterior to a building,
used for transmitting or retransmitting electronic signals. Commercial
communications towers include, but are not limited to, a radio common
carrier tower or an antenna used for transmitting commercial radio
or television signals, microwave signals, cellular telephone communications
and/or satellite communications. A commercial communications tower
shall not include an amateur radio antenna or a satellite dish antenna
(as defined by this section) or an emergency services radio antenna
if such are accessory to a permitted use.
COMMERCIAL OUTDOOR RECREATION
An area which has a total building coverage of less than
15%, is used principally for active or passive recreation and is used
for a profit-making purpose. This term may include uses such as mini-golf
and paintball courses but shall not include a motor vehicle racetrack.
COMMERCIAL USE
Includes retail sales, offices, personal services, auto sales,
auto repair garages and other uses of a similar nature. The sale of
goods or services from a vehicle on a lot shall also be considered
to be a commercial use.
COMMISSION
The Planning Commission of Salisbury Township.
COMMUNITY CENTER
A noncommercial use that exists solely to provide leisure
and educational activities and programs to the general public or certain
age groups. The use also may include the noncommercial preparation
and/or provision of meals to low-income elderly persons. This shall
not include residential uses or a treatment center.
COMPREHENSIVE PLAN
The document entitled the "Salisbury Township Comprehensive
Plan," or any part thereof, adopted by the Board of Commissioners,
as amended.
CONDITIONAL USE
A use which is allowed or denied by the Board of Commissioners
within the provisions of Part 1, after review by the Planning Commission.
CONDOMINIUM
A set of individual dwelling units or other areas of buildings,
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
either the Pennsylvania Unit Property Act of 1963 or the Pennsylvania
Uniform Condominium Act of 1980, as amended.
CONSERVATION
The careful and sustainable management of any alterations
to important natural features and/or the restoration of natural areas.
CONSTRUCTION
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position and/or
the demolition of a preexisting building.
CONSTRUCTION AREA
The total land areas proposed to be used for and/or within
any and all of the following:
1.
Areas within the proposed lot that are within 15 feet of any
or all of the following existing or proposed features:
A.
Principal buildings or principal structures (other than the
required rear yard in Subsection C below).
B.
Accessory structures or uses existing or proposed at the time
of development of the principal building or structure.
C.
An accessory building of more than 500 square feet of building
coverage.
2.
Areas within the proposed lot that are within 10 feet of any
existing or proposed gravel or paved areas (including driveways) serving
nonresidential uses, other than walkways.
3.
Areas within the proposed lot that are within 40 feet of the
rear of a principal building.
4.
Areas within a directly abutting portion of a proposed public
or private street, from the center line inward to the closest lot
line of the abutting lot.
5.
Gravel or paved areas (including driveways) serving residential
uses other than walkways.
6.
Areas proposed to be graded.
CONVENIENCE STORE, MAJOR
A use that primarily sells routine household goods, groceries
and prepared ready-to-eat foods to the general public, but that is
not primarily a restaurant, and that includes a building with a retail
indoor floor area of greater than 1,500 square feet but less than
6,000 square feet, and which includes the sale of gasoline. Such use
shall also meet the requirements for an auto service station. See
"retail store" for similar uses that do not meet this definition.
CONVERSION
To change or adapt land or structures to a different use.
COOKING FACILITY
An area or room equipped for the storage and preparation
of food within a building. A cooking facility must contain a properly
functioning sink, range, and refrigerator. A permanently-installed
cooktop and oven may be included in lieu of a range. May also be referred
to as a "kitchen."
COUNTY
The County of Lehigh, Commonwealth of Pennsylvania.
CROP FARMING
The cultivating, raising and harvesting of products of the
soil and the storage of these products produced on the premises. The
definition of "crop farming" shall also include orchards, vineyards
and accessory wine processing, and Christmas tree farms, but shall
not include animal husbandry, commercial forestry, riding academies
or kennels. A principal crop farming use may also include customary
accessory keeping of animals but shall not include a "kennel," unless
the requirements for such use are also met.
CULTURAL CENTER
A building and/or land open to the public which primarily
contains exhibits of clearly artistic or cultural interest, such as
a museum, art gallery or indoor nature study area. This shall not
include uses that are primarily commercial in nature.
CURATIVE AMENDMENT
A proposed zoning amendment made to the Board of Commissioners
by any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which they have an interest.
DAY CARE
A use involving the supervised care of children under age
18 outside of the children's own home primarily for periods of less
than 18 hours during the average day. This use may also include educational
programs that are supplementary to state-required education, including
a nursery school. See also the definition of "adult day-care center."
1.
The following types of day care are permitted by right without
additional regulation by this chapter:
A.
Care of children who are permanent residents of the dwelling.
B.
Care of children within a place of worship during weekly religious
services.
C.
Care of one to three children within any dwelling unit.
D.
Care of children after or before school within a lawful primary
or secondary school.
2.
A.
Provides care for four to six children at one time who are not
permanent residents of the home.
B.
Provides the care within a family dwelling unit.
C.
Is registered as such by the Pennsylvania Department of Public
Welfare, or its successor agency.
3.
A.
Provides care for between seven and 12 children at any one time
who are not permanent residents of the home.
B.
Provides the care within a family dwelling unit.
C.
Is registered as such by the Pennsylvania Department of Public
Welfare, or its successor agency.
4.
A.
Provides care for seven or more children at any one time who
are not permanent residents of the home.
B.
Does not provide the care within a family dwelling unit.
C.
Is registered as such by the Pennsylvania Department of Public
Welfare, or its successor agency.
DENSITY
The total number of dwelling units divided by the lot area,
unless otherwise stated.
DEP
The Pennsylvania Department of Environmental Protection,
or its successor, and its relevant subparts.
DETACHED BUILDING
A building that is surrounded on all sides by open yards
and that is not attached to any other building.
DETENTION FACILITY
Such use shall be limited to facilities owned and operated
by a county, state or federal government or its agents and shall be
limited to the following:
1.
A juvenile detention facility as described and regulated in
62 P.S. § 2077.
2.
A minimum-security prison facility - a jail, prison or detention
facility operated by a county, state or federal government or its
agents and used for the confinement of persons for safe custody. The
term does not include a facility used for the detention or confinement
of juveniles. Only "eligible offenders" or those who do not demonstrate
a present or past pattern of violent behavior shall be incarcerated
in a minimum-security prison. "Eligible offenders" do not include
any person awaiting trial for, or convicted of, murder, voluntary
manslaughter, rape, statutory rape, aggravated assault, robbery, burglary
of the first degree as provided in 18 Pa.C.S.A. § 3502 (relating
to burglary), involuntary deviate sexual intercourse, arson, extortion
accompanied by threats of violence, assault by prisoner, assault by
life prisoner, kidnapping, aggravated indecent assault, or escape,
or drug trafficking. No person shall be incarcerated at a minimum-security
prison if such person's previous conviction history cannot be determined
or has not yet been determined. No person shall be incarcerated in
a minimum-security prison unless such person has been evaluated to
determine that no history of violent behavior exists and no present
probability of violent behavior exists.
DISPENSARY
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the Commonwealth
to dispense medical marijuana.
DISTRIBUTION
The processing of materials so as to sort out which materials
are to be transported to different locations, and the loading and
unloading of such materials. This term shall not include a trucking
company terminal.
DISTRICT or ZONING DISTRICT
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this chapter.
DOG DAY CARE
A use that involves the keeping of more dogs than are allowed under "pets and accessory animals, keeping of" in §
27-403, that is only operational between 6:00 a.m. and 10:00 p.m. (unless the regulations for a "kennel" are also met), and that provides recreational opportunities for the dogs. The facility may also include accessory care of cats, birds and similar domestic pets.
DORMITORY
Residential facilities that are only inhabited by faculty
and/or full-time students of an accredited college, university or
medical training facility or state-licensed teaching hospital or accredited
public or private primary or secondary school.
DRIVEWAY
A privately owned, constructed, and maintained vehicular
access from a street or access drive to serve one to three dwelling
units on the same lot.
DUMP
Any area used for solid waste disposal that does not operate
under a valid solid waste permit issued by the Pennsylvania DEP and
that is not a permitted junkyard under this chapter.
DWELLING
A building used as nontransient living quarters, but not
including a boardinghouse, group home, hotel, motel, hospital, nursing
home, dormitory, fraternity house, sorority house, or recreational
vehicle. May also be referred to as a "residence," "residential building,"
or "residential structure." This chapter categorizes dwellings into
the following types:
1.
DUPLEXTwo dwelling units, accommodating one family each, with all dwelling units within a single building on a single lot. All dwelling units shall share a common outside access and common yard area. The building shall have open areas on all sides. May also be referred to as a "two-family detached dwelling" or "multifamily detached dwelling" but does not include "twin dwellings," "townhouses," "garden apartments," "mid-rise apartments," or "high-rise apartments." This category shall also include mixed-use buildings with one permitted nonresidential unit and one dwelling unit within the same building provided the commercial use is a permitted use within the zoning district.
2.
TRIPLEXTwo dwelling units, accommodating one family each, with all dwelling units within a single building on a single lot. All dwelling units shall share a common outside access and common yard area. The building shall have open areas on all sides. May also be referred to as a "three-family detached dwelling" or "multifamily detached dwelling" but does not include "townhouses," "garden apartments," "mid-rise apartments," or "high-rise apartments." This category shall also include mixed-use buildings with one permitted non-residential unit and two dwelling units within the same building provided the commercial use is a permitted use within the zoning district.
3.
GARDEN APARTMENTSFour or more dwelling units, accommodating one family each, within a single building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls. All dwelling units shall share a common outside access, or multiple outside accesses, and common yard area. This shall include buildings with a maximum height of 3 1/2 stories or 35 feet, whichever is lesser. The building shall be on a single lot; however, the individual dwelling units may be sold for condominium ownership and/or leased. May also be referred to as "low-rise apartments."
4.
HIGH-RISE APARTMENTSFour or more dwelling units within a single building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls. All dwelling units shall share a common outside access, or multiple outside accesses, and common yard area. This shall include only buildings that are higher than 60 feet or five stories (whichever is less). The building shall be on a single lot; however, the individual dwelling units may be sold for condominium ownership and/or leased.
5.
MID-RISE APARTMENTSFour or more dwelling units within a single building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls. All dwelling units shall share a common outside access, or multiple outside accesses, and common yard area. This shall include only buildings that are higher than 35 feet or 3 1/2 stories and less than 60 feet or five stories (whichever is less). The building shall be on a single lot; however, the individual dwelling units may be sold for condominium ownership and/or leased.
6.
MOBILE HOMEA type of dwelling that meets all of the following requirements:
A.
Is transportable and/or can be relocated;
C.
Is designed for permanent occupancy;
D.
Is contained in a single piece, or two substantial pieces designed
to be joined into one integral unit capable of again being separated
for repeated towing;
E.
Which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations and constructed
so that it may be used with or without a permanent foundation; and
F.
Is not a recreation vehicle.
7.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit accommodating one family that is within a separate building and having open areas on all sides. The building shall contain no other dwelling units or uses, except home-based businesses as permitted within the Salisbury Township Zoning Ordinance. "Single-family detached dwelling" shall not include a dwelling unit that meets the definition of "mobile home."
8.
TOWNHOUSEOne dwelling unit accommodating one family that is attached to two or more dwelling units, with each dwelling unit being completely separated from each other by vertical, unpierced walls. Side yards shall be adjacent to each end unit and each dwelling unit shall have independent outside access. Each unit may be on a separate lot with the property line running through the common walls or combined with other townhouses on a single lot. May also be referred to as "rowhouse."
9.
TWIN DWELLINGOne dwelling unit, accommodating only one family, that is attached and completely separated by a vertical, unpierced, wall to one additional dwelling unit. One side yard shall be adjacent to each dwelling unit and each dwelling unit shall have independent outside access. Each unit may be on a separate lot with the property line running through the common wall or combined with other twin dwellings on a single lot. May also be referred to as a "single-family semidetached dwelling."
DWELLING UNIT
A residential unit within a dwelling occupied by persons
meeting the definition of "family." Each dwelling unit shall have
its own sanitary and cooking facilities as well as separate access
to the outside, or access to a common hallway or balcony that connects
to outside access at ground level. No dwelling unit shall include
a separate habitable area that is completely separated by interior
walls so as to prevent interior access from the remainder of the habitable
area. Each dwelling unit shall only have one cooking facility and
be served by only one sanitary sewer connection, one water connection,
and one electric connection except when approved by special exception
of the Zoning Hearing Board.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the owner's
property.
EMAIL
A system for sending and receiving messages electronically
over a computer network as between personal computers.
EMERGENCY SERVICES STATION
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This may include
housing for emergency personnel while on call.
EMPLOYEES
The highest number of workers (including both part-time and
full-time, both compensated and volunteer, and both employees and
contractors) present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
ENVIRONMENTALLY SENSITIVE AREAS
Areas which include features which are sensitive to land
disturbance activities and development, such as steep slopes, ponds,
lakes, streams, stream corridors, springs, wetlands, hydric soils,
prime farmland soils, highly erodible lands, vernal pools, floodplains,
riparian buffer areas, significant stands of native, mature, and/or
otherwise important vegetation, existing wellhead protection areas,
aquifer recharge areas, and geologic fractures.
ESSENTIAL SERVICES
Utility or municipal uses that are necessary for the preservation of the public health and safety, and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in §
27-403. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power-generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
EXERCISE CLUB
A commercial facility or membership club that offers indoor
or outdoor recreational facilities, such as the following: weight
rooms, exercise equipment, non-household pool, racquetball courts
and training for these activities. This use may also be allowed as
part of an indoor commercial recreation use.
FAMILY
One or more persons living in a single dwelling unit and
functioning as a common household unit. A family shall not include
more than three persons who are not related to each other by blood,
government-sanctioned civil unions, official foster relationship,
marriage or adoption. The term "related" shall be limited to relationships
such as father, mother, daughter son, grandparent, great-grandparent,
sister, brother, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
mother-in-law, father-in-law, stepfather, stepmother, legal guardian,
and first cousin. This term shall not include relationships such as
second, third, or more distant cousins.
FAMILY SUPPORT AND LODGING CENTER
A noncommercial use providing temporary housing and support
services to persons with a relative actively undergoing significant
medical care in Lehigh or Northampton County.
FEMA MAP
The latest mapping officially issued by the Federal Emergency
Management Agency (FEMA) that shows the extent of the 100-year floodplain,
including any revisions or supplemental adjustments approved by FEMA.
FENCE
A man-made structure placed or arranged as a line of demarcation,
an enclosure or a visual barrier and that is constructed of wood,
chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made
structures constructed principally of masonry, concrete, cinder block
or similar materials shall be considered a wall. The terms "fence"
and "wall" do not include hedges, trees or shrubs.
FINANCIAL INSTITUTION
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
FLOOR AREA or GROSS OR TOTAL FLOOR AREA
The sum of the total horizontal area of each floor within
a building(s) measured from the sides of exterior walls or from the
center lines of walls separating buildings. Floor area shall only
include areas that meet the definition of a "story" (see definition).
Floor area specifically shall not include the following: elevator
shafts, common lobbies and stairwells in a multi-tenant building,
mechanical rooms, unenclosed porches or decks, or unenclosed breezeways
or walkways, roof overhangs or similar features.
FOOTPRINT
The perimeter of a structure measured at the outer edge of
the outside walls of the structure, including cantilevered portions
of the structure. When calculating the footprint of a structure, retractable
and/or removable awnings shall not be included.
FORM OF MEDICAL MARIJUANA
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
FRATERNITY or SORORITY
A type of boardinghouse, regulated as such, which is occupied
by organized groups of higher education students, and which is officially
recognized as a fraternity or sorority by such institution.
GARAGE SALE
The accessory use of any lot for the occasional sale or auction of items on a residential property or the auction of on-site land or buildings. See §
27-403.
GARAGE, PRIVATE OR HOUSEHOLD
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a dwelling, except as may be
allowed as a home occupation. The rental to a person who does not
reside on the property of storage space that would accommodate more
than two cars or for commercial purposes shall be regulated as a business
use.
GENERAL HOME OCCUPATION
A type of home occupation that does not involve a use specifically
permitted as a light home occupation but which the applicant proves
to the satisfaction of the Zoning Hearing Board as a special exception
would be:
1.
Similar in impact to a permitted light home occupation; and
2.
Compatible with the surrounding residential area.
GLARE
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
GRADE
The average ground elevation of the surface adjoining a structure
or land development project, calculated as existing and/or proposed.
May also measure the rise or fall, in 100 feet increments, of horizontal
distance such as along a roadway.
GREENHOUSE
A building, room or area, usually of glass, in which the
temperature is maintained within a desired range, used for cultivating
tender plants or growing plants out of season.
GROUP HOME
1.
The use of any lawful dwelling unit which meets all of the following
criteria:
A.
Involves the care of the maximum number of persons permitted by the group home standards of §
27-402 and meets all other standards of such section.
B.
Involves residents clearly functioning as a common household.
C.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution, because of physical disability, old age, mental handicap
or other handicap, as defined by applicable federal law, or because
of needing to be separated from an abusive spouse.
D.
Does not meet the definition of a "treatment center," "boardinghouse,"
"dormitory," "motel," "institutional group home" or "membership club."
See also the definition of "care and treatment facilities for youth,"
which may include group homes for youth.
E.
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
2.
See also §
27-112, Subsection 51, for allowed modifications.
* NOTE: See definitions in the Federal Fair Housing Act amendments
and the Americans with Disabilities Act.
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GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
HAZARDOUS WASTE
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated or disposed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation, including, but
not limited to, the Pennsylvania Solid Waste Management Act, 35 P.S.
§ 6018.101 et seq.
HEALTH CARE CAMPUS
A property developed as a unified campus and including a
hospital and other health care and health care support uses, developed
with a coordinated internal infrastructure system that encourages
the sharing of facilities such as parking and open space and provides
coordinated access to the public street system.
HEIGHT
The vertical distance measured from the average elevation of the average proposed ground level along the front of the building to the highest point of a structure. For a building with a roof, such height shall be measured to the highest point of the roof. See exemptions for certain types of structures in §
27-802. For height of signs, see Part
7, "Signs."
HELIPORT
An area used for the takeoff and landing of helicopters,
together with any related support facilities, such as for maintenance,
refueling and storage. This chapter is not intended to regulate the
nonroutine, emergency landing and takeoff of aircraft to pick up seriously
injured or ill persons.
1.
PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport."
2.
PRIVATE HELIPORTA heliport, other than a hospital heliport, limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public. This is also known as a "helistop."
3.
B.
Operated by a hospital or third-party contractor under agreement
with a hospital;
C.
Situated on a health care campus; and
D.
Used for medical services and not for general transportation.
HOME OCCUPATION
A routine, accessory and customary nonresidential use conducted
within or administered from a portion of a dwelling or its permitted
accessory building that:
1.
Only includes uses that are clearly incidental and secondary
to the principal residential use.
2.
Is conducted primarily by a permanent resident of the dwelling.
3.
Meets the definition of this section and the standards and limitations of a home occupation in §
27-403.
4.
Does not include any retail or wholesale sales on the premises
(other than over the phone and through the mail) nor any industrial
use (other than custom crafts and sewing).
5.
Specifically does not include the following: hotel, motel, nursing
home, boardinghouse, restaurant, stable, treatment center, kennel,
auto repair, on-site retail sales, painting of vehicles, tractor repair,
lawn mower and engine repair, manufacturing (other than custom crafts
or sewing) or bulk welding.
6.
Only involves persons working on the premises who are permanent
residents of the dwelling plus a maximum of one nonresident working
on the premises at any one point in time.
HOSPICE
A special concept of care designed to provide comfort and
support to patients and their families when a life-limiting illness
no longer responds to cure-oriented treatments.
HOSPITAL
A use that includes facilities that are licensed as a "hospital"
by the State Department of Health and that involves the diagnosis,
treatment or other medical care of humans and that involves some care
requiring stays overnight. A hospital may also include clinical laboratories
as accessory uses and outpatient medical care. A hospital may occur
in combination with medical offices (see definition), provided that
the requirements for medical offices are also met. A hospital may
involve care and rehabilitation for medical, dental or mental health
but shall not routinely involve the housing of the criminally insane
and shall not primarily involve the housing or treatment of persons
actively serving an official sentence after being convicted of a felony.
A hospital may also involve medical research and education and training
for health care professions. A hospital may only include dormitories
and other student residential facilities if that use is specifically
permitted in that district.
HOTEL or MOTEL
A building or buildings including rooms (other than dwelling
units) that are rented out to persons as clearly transient and temporary
living quarters. Any such use that customarily involves the housing
of persons for periods of time longer than 30 days shall be considered
a boardinghouse and shall meet the requirements of that use. See also
"bed-and-breakfast use."
IMPERVIOUS COVERAGE
The total area of all impervious surfaces (including building
coverage) on a lot divided by the total lot area.
IMPERVIOUS SURFACE
Any structure or man-made surface with a runoff factor of
0.80 or greater. For purposes of this chapter, gravel/stone surfaces
and pavers laid with a minimum of two inches between each paver shall
not be considered impervious.
INDUSTRIAL USE
Includes manufacturing, distribution, warehousing and other
operations of an industrial and not primarily of a commercial, institutional
or residential nature.
INSTITUTIONAL GROUP HOME
A use that meets the definition of a "group home" but that
includes a higher number of residents than is permitted as a group
home.
JUNK
1.
Any discarded, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicles, aircraft, glass, plastics, industrial
waste, machinery, equipment, containers, structures, used building
materials and building materials left on a site after completion of
the portion of construction to which those building materials relate.
2.
Junk shall not include:
A.
Solid waste that is temporarily stored as is customary in an
appropriate container that is routinely awaiting collection and disposed
of in a manner consistent with state regulations;
C.
Grass clippings, leaves or tree limbs; or
D.
Items clearly awaiting imminent recycling at an approved recycling
use.
JUNK VEHICLE
1.
Includes any vehicle or trailer stored out of doors that meets
any of the following conditions:
A.
Does not display a license plate with a current registration
sticker and does not have a valid state safety inspection sticker
(except for licensed antique cars not required to have an inspection
sticker). (Licenses or inspection stickers that expired less than
90 days ago shall be considered current for the purposes of this section.)
B.
Cannot be immediately moved under its own power, in regards
to a vehicle designed to move under its own power, other than a vehicle
clearly needing only minor repairs.
C.
Cannot be immediately towed, in regards to a vehicle designed
to be towed.
D.
Has been demolished beyond repair.
E.
Has been separated from its axles, engine, body or chassis.
F.
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
2.
See also the separate Township ordinance on junk vehicles.
JUNKYARD
1.
Land or a structure used for the collection, storage, dismantling,
processing and/or sale, other than within a completely enclosed building,
of material of one or more of the following types:
B.
A greater number of junk vehicles than is permitted under §
27-604. This shall not apply to such vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station.
C.
One or more manufactured/mobile homes that are not in habitable
condition.
2.
Junk stored as part of a business within a completely enclosed
building shall be considered a warehouse and shall meet the requirements
of that use instead of a junkyard.
KENNEL
The keeping or boarding of a greater number of dogs or cats on a lot or within a dwelling unit beyond that number permitted under the "pets and accessory animals, keeping of" provisions in §
27-402. A kennel may also include the temporary boarding of other types of pet animals. A kennel shall include any such use, regardless of whether the animals are or are not owned by the operator of the kennel; and compensation is or is not paid for the care of the animals. A nonprofit animal shelter is a type of kennel. See also the definition of "pets, keeping of." See also "dog day care," which may be approved as a separate use.
LAND DEVELOPMENT
1.
The following activities are regulated as a land development and subject to the land development approval requirements set forth in the Salisbury Township Subdivision and Land Development Ordinance (Chapter
22 of the Township Municipal Code). All sizes and numbers are calculated as an aggregate over the proceeding five years regardless of the permits and approvals issued for each proceeding activity:
A.
A subdivision, resubdivision, or consolidation of land.
B.
Construction of one or more principal, nonresidential structures
regardless of the number of occupants.
C.
Construction of a nonresidential addition with a footprint greater
than or equal to 1,000 square feet.
D.
Construction of two or more dwelling units on a single lot.
E.
The conversion of an existing structure to increase the number
of uses or occupants.
F.
The conversion of an existing residential structure or dwelling
unit into a nonresidential structure or unit.
G.
The conversion of an existing structure into condominiums.
H.
Construction of a new, or expansion of an existing, parking
area by 12 or more parking spaces.
I.
Work involving 5,000 square feet or more of new impervious coverage,
both on-lot and within the public right-of-way, regardless of use.
J.
Work involving 10,000 square feet or more of site alterations,
both on-lot and within the public right-of-way, regardless of use.
2.
The following shall be excluded from the definition of "land
development:"
A.
The construction of a single-family detached dwelling on an
existing lot.
B.
The conversion of an existing single-family detached dwelling
or a single-family semi-detached dwelling, into not more than three
residential units, unless such units are intended to be condominiums.
C.
Addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
D.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this exclusion, an amusement park is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the Township.
E.
Commercial communication towers and their structures.
F.
An approved tree harvesting operation when the value of the
trees, logs, or other timber products removed exceeds $2,000 per calendar
year.
G.
The subdivision of land for agricultural purposes into parcels
of more than 10 acres, not involving any new street or access easement.
H.
The reconfiguration and/or movement of site improvements previously
approved as part of land development project as long as the proposed
work does not meet any of the criteria listed in Subsection 1A through
J above.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LEAF COMPOSTING
The collection and processing of vegetative material to allow
it to biologically decompose under controlled anaerobic or aerobic
conditions to yield a humus-like product.
LIFE CARE CENTER
A residential use designed and operated exclusively for retired
or semiretired adults 55 years of age or older and/or physically handicapped
persons and their spouses and that includes a nursing home and on-site
health care, meal services, social services, recreation activities
and similar support facilities intended specifically to serve the
needs of these residents.
LIGHT HOME OCCUPATION
1.
A type of home occupation that is permitted by right in all residential districts and is limited to only the following types of activities, within the restrictions of §
27-403:
A.
Custom sewing, seamstress or dressmaker.
B.
Tutor or music or voice instruction.
F.
Drafting or graphics services.
G.
Data processing or typing.
H.
Home crafts for sale off site.
I.
Mail order (not including retail sales from the site).
J.
Product distribution through direct off-site sales (such as
household items or cosmetics sold at off-site events).
K.
Offices of the following: licensed physician, dentist, speech
pathologist, audiologist, chiropractor, optometrist, podiatrist, architect,
attorney, accountant, insurance agent, real estate agent or broker,
tax collector, engineer, surveyor, vocational consultant, financial
planning and investment services, interior design, computer programming,
or consulting services.
L.
Telephone soliciting and telephone answering services.
2.
The business may not involve any illegal activity.
3.
This term also includes, but is not limited to, a use meeting
the definition of a "no-impact home-based business" within the Pennsylvania
MPC.
LIGHTING, DIFFUSED
Illumination that passes from the source through a translucent
cover or shade.
LINE, STREET
The street right-of-way line. This shall be the future street
right-of-way line, if one is required to be established.
LIVESTOCK, RAISING OF
The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "pets and accessory animals, keeping of" provisions of §
27-403 and beyond what is allowed within the definition of "crop farming." For the purposes of this chapter, the raising of livestock shall have the same meaning as animal husbandry. The raising of livestock shall not include a slaughterhouse or a stockyard used for the housing of animals awaiting slaughter.
LOT
The designated area of land within the lot area. May also
be referred to as "parcel."
LOT AREA
An area of land which is determined by the limits of the
property lines bounding that area and expressed in terms of square
feet or acres. Any portion of a lot included in a street right-of-way
shall not be included in determining lot area. Property lines shall
be bound by a singular tax parcel, as determined by the Lehigh County
Tax Assessment Office and Lehigh County Geographic Information Systems
Office. When a tax parcel spans more than one municipality, the taxing
municipality shall have sole control over the development and use
of the lot and its entire lot area shall be included when calculating
lot area, setbacks, building coverage, and impervious coverage.
LOT DEPTH
The average horizontal distance between the front and the
rear lot lines.
LOT LINE
The recorded property lines bounding the lot as herein defined;
however, any line that denotes an adjoining public or private street
or railroad right-of-way shall be interpreted as the lot line for
the purpose of determining the location of the setbacks. May also
be referred to as "property line."
1.
FRONT LOT LINEA lot line separating the lot from the primary street right-of-way. When a lot abuts two or more streets, not including an alley, or there is no frontage along a street right-of-way, the front lot line shall be determined by reviewing previous development plans. If development plans are not available to determine which is the primary street right-of-way, it shall be the street in which the building is oriented towards and/or has its address along, unless the Zoning Officer determines that the front yard should follow the clearly predominant front yard orientation of the development of abutting lots.
2.
REAR LOT LINEA lot line opposite and most distant from the front lot line.
3.
SECOND FRONT LOT LINEA lot line separating the lot from the approved and/or dedicated secondary street right-of-way. If development plans are not available to determine which is the secondary street right-of-way, it shall be the street in which the building is not oriented towards and/or does not have its address along, unless the Zoning Officer determines that the front yard should follow the clearly predominant front yard orientation of the development of abutting lots.
LOT WIDTH
The distance measured between each side lot line or the side
lot line and either the second front lot line or rear lot line, whichever
is applicable when a second side lot line is not present. In the case
of a curve, it is the arc distance along the curve. The measurement
may be taken at either the street right-or-way or front setback line,
whichever is applicable.
LOT, CORNER
A lot abutting two or more intersecting streets.
LOT, FLAG
An irregularly shaped lot characterized by an elongated extension
from a street (the "pole") to the principal part of the lot. The flag
shape of the lot is normally intended to provide for access to an
otherwise landlocked interior parcel. On a flag lot, setbacks and
width are measured within the principal part of the lot, beyond the
"pole" section of the lot area. The front lot line shall be the lot
line parallel to the nearest street and/or where the "pole" enters
the lot. For a flag lot, the area of the "pole" portion of the flag
lot shall not be included in the total lot area required for the "minimum
lot area" for lot size.
LOT, REVERSE-FRONTAGE
A lot that abuts two approximately parallel streets, not
including an alley, but only has access onto one street.
LOT, THROUGH
A lot that abuts two approximately parallel streets, not
including an alley, with access onto both streets.
MANUFACTURE
The making, with substantial use of machinery, of some product
for sale, and/or associated assembly, fabrication, cleaning, testing,
processing, recycling, packaging, conversion, production, distribution
and repair, with substantial use of machinery, of products for sale.
This term shall not include the following: retail sales, personal
services, solid waste disposal facility or truck terminal.
MANUFACTURED/MOBILE HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for non-transient
residential use. The individual mobile homes may be individually owned.
A development of mobile homes that is subdivided into individual lots
shall be regulated in the same manner as a subdivision of site-built
homes and shall not be considered to be a mobile home park.
MASSAGE
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person's(s') skin other
than the face or neck by another person(s) that is related to certain
monetary compensation, and which does not involve persons who are
related to each other by blood, adoption, marriage or official guardianship.
MASSAGE PARLOR
An establishment that meets all of the following criteria:
1.
"Massages" are conducted.
2.
The person conducting the massage is not licensed as a health
care professional or licensed massage therapist by the state.
3.
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor.
4.
The massages are conducted within private or semiprivate rooms.
5.
The use is not clearly a customary and incidental accessory
use to a permitted exercise club or a high school or college athletic
program.
NOTE A use that involves state-licensed massage therapists is allowed as a "personal service use" and is not regulated as a massage parlor.
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MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.
MEDICAL OFFICE OR CLINIC
A use involving the treatment and examination of patients
by state-licensed physicians or dentists or other state-licensed health
care professionals, provided that no patients shall be kept overnight
on the premises. This use may involve the testing of tissue, blood
or other human materials for medical or dental purposes. This use
shall not routinely involve treatment for addiction to illegal drugs.
See "treatment center" or "hospital."
MEMBERSHIP CLUB
An area of land or building used by a recreational, civic,
social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public. This use shall not include a target
range for outdoor shooting, a boardinghouse, a tavern, a restaurant
or auditoriums, unless that particular use is permitted in that district
and the requirements of that use are met.
MINERAL EXTRACTION
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. Mineral
extraction includes but is not limited to the extraction of sand,
gravel, topsoil, limestone, sandstone, coal, clay, and shale and iron
ore. The routine movement of and replacement of topsoil during construction
shall not by itself be considered to be mineral extraction.
MPC
The Pennsylvania Municipalities Planning Code, as amended.
NATURAL FEATURES
Components of the ecological, hydrological and geological
environment, including soil types, geology, slopes, vegetation, surface
water, groundwater, drainage patterns, aquifers, recharge areas, floodplains,
aquatic life, and wildlife.
NATURE PRESERVE
A noncommercial preservation of land for providing wildlife
habitats, forests or scenic natural features that involves no buildings
other than a nature education and/or study center and customary maintenance
buildings.
NIGHTCLUB
A tavern or restaurant that has a primary or substantial
portion of the total trade in the sale of alcoholic beverages, which
frequently charges admission or cover charges for entertainment or
music for dancing and which has a capacity of more than 250 persons
for such entertainment or dancing.
NONCONFORMING LOT
A lawful lot of record with lot area, lot width or other
dimension that was lawful prior to the adoption or amendment of this
chapter but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption or zoning
amendment, and which is not abutting other land owned by the same
owner.
NONCONFORMING STRUCTURE
A structure or part of a structure not manifestly designed
to comply with the applicable lot area, dimensional and other provisions
in this chapter, as amended, where such structure lawfully existed
prior to the enactment of such chapter or amendment. Such nonconforming
structures include, but are not limited to, signs. Such nonconformity
may include, but is not limited to, nonconforming setbacks, height,
building coverage or impervious coverage.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or previous
or subsequent amendments, where such use was lawfully in existence
prior to the enactment of this chapter or such amendment; provided,
however, that an existing use shall not be considered nonconforming
solely because it includes fewer than the required number of parking
spaces.
NURSING HOME
A facility licensed by the state as a nursing home for the
housing and intermediate or fully skilled nursing care of three or
more persons. This shall only include facilities that primarily serve
persons who need such care because of old age, illness or physical
disability.
OFFICE
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall not include retail or industrial uses but
may include business offices, medical or dental offices, clinics or
laboratories, photographic studios and/or television or radio broadcasting
studios. A call center is also a type of office.
OFFICIAL MAP
Any "official map" that may be adopted as such or amended
by the Board of Commissioners in accordance with the MPC, 53 P.S.
§ 10101 et seq.
OFFICIAL STREET CLASSIFICATION MAP
The map as adopted by the Board of Commissioners classifying
the streets of the Township. See definition of "street classification."
This map may be amended by resolution of the Board of Commissioners.
OPEN SPACE, COMMON
A parcel or parcels of land which meet all of the following
requirements:
1.
It is designed, intended and suitable for active or passive
recreation by residents of a development or the general public.
2.
It is managed through by an approved system for perpetual maintenance.
3.
It is deed-restricted to permanently prevent the use of land
for uses other than common open space.
4.
It does not include any of the following: street rights-of-way
as approved or to be dedicated driveways, access drives that serve
other uses, buildings (other than accessory buildings, such as recreational
gazebos and pools, clearly intended for noncommercial recreation),
off-street parking (other than that clearly intended and necessary
to only serve noncommercial recreation), any area needed to meet a
requirement for any other individual lot, any area deeded over to
an individual property owner for their own use, or land within 25
feet of overhead electrical transmission lines or towers of 35 kilovolts
or greater capacity.
5.
It does not include stormwater detention or retention basins
and infiltration facilities, unless the applicant proves to the satisfaction
of the Township that such area has been designed and will be maintained
in a manner that it will be suitable for recreational uses during
most times of the year and/or will serve as a scenic and ecological
asset, such as having the appearance of a natural pond. An underground
stormwater detention facility may be approved to serve as common open
space only if the surface is improved to be usable for recreation
and is not used for vehicle parking.
ORDINANCE
The Salisbury Township Zoning Ordinance, including the Zoning
Map and Official Street Classification Map, as amended.
PARKING
Off-street parking and aisles for vehicles, unless otherwise
stated.
PARKING STRUCTURE
A building for short-term storage of motor vehicles, having
two or more tiers and with a top tier either roofed or not.
PAVED AREA
All areas covered by stone and/or impervious surfaces, other
than buildings and concrete public sidewalks and other than stoned
or concrete areas required for stormwater management.
PAWN SHOP
A commercial use that is regulated as a pawn shop by the
Pennsylvania Department of Banking.
PENNDOT
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
PERMIT
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
1.
CONSTRUCTION PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is, to the best knowledge of the Township staff, in accordance with the provisions of the Township Building Codes.
2.
ZONING PERMIT or A PERMIT UNDER THIS ORDINANCEA portion of a building permit (unless a separate zoning permit may be established by the Township) that indicates that a proposed use, building or structure is, to the best knowledge of the Township staff, in accordance with this chapter and which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations.
PERMITTED-BY-RIGHT USE
Uses that do not have to be approved as uses by the Zoning
Hearing Board or the Board of Commissioners. (A site plan review by
the Planning Commission and the Board of Commissioners is required
for certain permitted-by-right uses to ensure that the use would comply
with all Township ordinances.) A nonconforming use shall not be considered
to be a permitted use.
PERSON
Any individual or corporation owning a tract of land within
the Township, or his/her/their respective heirs, assigns, grantees,
vendees and successors.
PERSONAL CARE HOME
A residential use providing residential accommodations, meals
and support services to persons who need such assistance because of
old age, physical disability and/or mental retardation and that is
licensed as a personal care home or assisted living facility by the
Commonwealth of Pennsylvania. For uses providing nursing care, see
"nursing home."
PERSONAL SERVICE
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, shoe repair shops, household appliance repair
shops and other similar establishments but shall not include a massage
parlor.
PETS AND ACCESSORY ANIMALS, KEEPING OF
The keeping of domestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See limits on the numbers and types of permitted animals in §
27-403, which also allow the keeping of certain other animals, such as a limited number of chickens for egg production. A "domestic animal" shall be defined as an animal that is normally or ordinarily domesticated or raised as a household pet in the character and climate of Salisbury Township.
PICNIC GROVE, COMMERCIAL
An area of open space and pavilions that is not publicly
owned and which is rented for picnics and outdoor recreation.
PLACES OF WORSHIP
Buildings, synagogues, churches, religious retreats, monasteries,
seminaries and shrines used primarily for religious and/or spiritual
worship and that are operated for nonprofit and noncommercial purposes.
If such use is primarily residential in nature, it shall be regulated
under the appropriate dwelling type.
PLANNED RESIDENTIAL DEVELOPMENT
A type of development that complies with the requirements of the sections of this chapter and of the MPC, 53 P.S. § 10101 et seq., pertaining to PRDs. See Part
9.
PLANT NURSERY
The indoor and/or outdoor raising of trees, plants, shrubs
or flowers for sale, but not primarily including commercial forestry
for lumber. A plant nursery may include the growth of trees for sale
for internal decoration of homes, such as a Christmas tree farm.
PORTABLE STORAGE CONTAINER
A mobile rectangular box that is kept outside of a building
and that is used for temporary storage, but which is not intended
to be used for solid waste.
PRD
See "planned residential development."
PRINCIPAL BUILDING
The building in which the principal use of a lot is conducted.
Any building that is physically attached to a principal building shall
be considered part of that principal building.
PRINCIPAL USE
The dominant use(s) or single main use on a lot, as opposed
to an accessory use.
PUBLIC NOTICE
Notice required by the Pennsylvania MPC, 53 P.S. § 10101
et seq.
PUBLIC UTILITY
An entity providing central water service, central sewage
service, electricity distribution service, natural gas distribution
service, or central steam heat service to multiple lots and that is
under the jurisdiction of the Pennsylvania Public Utility Commission
and/or is owned or operated by a municipality or a municipal authority.
RECHARGE
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
RECHARGE AREA
An area where water is able to seep into the ground and replenish
an aquifer because no confining layer is present.
RECREATION, COMMERCIAL
Leisure-time activities that are open to the general public
and that are primarily operated for commercial purposes. This shall
not include any adult uses. Indoor commercial recreation shall only
include activities that occur within a completely enclosed building.
See also the definition for "commercial outdoor recreation."
RECREATION, PRIVATE
Leisure-time activities that are only open to members, guests
or some specific groups.
RECREATION, PUBLICLY OWNED
Land and/or facilities that are owned and/or operated by
a government agency or the Township and are available for use by the
general public for leisure and recreation.
RECREATIONAL VEHICLE
A vehicle which is designed mainly to serve a person for
primarily recreational instead of transportation purposes, or a vehicle
that serves as a mobile, temporary dwelling. This may include a vehicle
that is self-propelled, towed or carried by another vehicle, but shall
not include camper cabs that fit over pickup trucks. This term shall
also include the following: watercraft with a hull longer than 15
feet, motor homes, travel trailers and all-terrain vehicles.
RECREATIONAL VEHICLE STORAGE AREA
An outdoor area used for the storage of three or more recreational
vehicles. Retail sales or major repair work shall only be allowed
if those uses are permitted in that district.
RECYCLING COLLECTION CENTER
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted-by-right accessory use
in all districts, without additional regulations. A recycling collection
center is also a permitted-by-right accessory use to a public or private
primary or secondary school, a place of worship, a Township-owned
use, an emergency services station or a college or university.
REGISTRY
The registry established by the DOH for all medical marijuana
organizations and practitioners.
RESIDENTIAL
A building which conforms to the definition of "dwelling."
RESTAURANT, FAST-FOOD
1.
An establishment that sells ready-to-consume food or drink,
that routinely involves the consumption of at least a portion of such
food off the premises, and that does not meet the definition of a
"standard restaurant." This term shall also include a use that primarily
involves pick up only and/or off-premises delivery of ready-to-eat
food, other than a catering business.
2.
A fast-food restaurant may include the accessory sale of alcoholic
beverages; however, if such sale is a primary or substantial portion
of the total trade, the requirements of a tavern must be met.
3.
If a primary or substantial portion of the total trade is in
admission charges for entertainment and the use has a capacity of
more than 300 persons for such entertainment, the requirements for
a nightclub shall be met.
RESTAURANT, STANDARD
1.
An establishment that serves ready-to-consume food or drink
for compensation in which the clear majority of sales involve the
following: the customers order their food while seated inside a building
from a waiter or waitress and then the food is delivered to their
table and consumed at the table.
2.
A standard restaurant may include the accessory sale of alcoholic
beverages; however, if such sale is a primary or substantial portion
of the total trade, the requirements of a tavern must be met.
3.
If a primary or substantial portion of the total trade is in
admission charges for entertainment and the use has a capacity of
more than 300 persons for such entertainment, the requirements for
a nightclub shall be met.
RESTRICTIVE COVENANT
A provision in a deed limiting the use of a property and/or
prohibiting certain uses and/or limiting the manner and/or locations
of development.
RETAIL STORE
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult store, manufacturing, tavern, car
wash, auto service station, auto repair garage, convenience store
or restaurant. A retail store may include up to 25% of its total indoor
and outdoor sales area for sale of lumber without being considered
a lumberyard.
RIGHT-OF-WAY
Areas beyond each property's lot area which is not privately
owned. Areas of right-of-way include, but are not limited to, streets
and alleys.
SALDO
The Salisbury Township Subdivision and Land Development Ordinance (Chapter
22), as amended.
SANITARY LANDFILL (or SOLID WASTE LANDFILL)
A type of solid waste disposal area involving the depositing
of solid waste on land, compacting the waste, covering the waste with
soil and then compacting the soil, and which has a permit to operate
as a sanitary landfill from the state.
SANITARY SEWAGE DISPOSAL, CENTRALIZED COMMUNITY
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a temporary central treatment
and disposal plant generally serving a neighborhood area or development.
SANITARY SEWAGE DISPOSAL, CENTRALIZED PUBLIC
A sanitary sewerage collection system in which sewage is
carried from individual lots by a system of pipes to a central treatment
and disposal plant operated via a public agency.
SATELLITE DISH ANTENNA or SATELLITE ANTENNA
A device attached to the ground or a structure that incorporates
a reflective surface (such as in the shape of a shallow dish, cone
or cornucopia) to transmit or receive radio or electromagnetic waves
between earth-based uses and satellites in space. This term shall
include, but not be limited to, satellite earth stations and satellite
microwave antennas. This term shall also include any pedestal or attached
structure. A satellite antenna may be ground-mounted, roof-mounted
or tower-mounted. Tower-mounted antennas are erected on a separate
base but are attached to an adjacent structure by some means of support.
SCHOOL, PUBLIC OR PRIVATE, PRIMARY OR SECONDARY SCHOOL (to include
CHARTER AND CYBER SCHOOL)
1.
A public, parochial or private educational institution licensed
or accredited by the State Department of Education that primarily
serves persons between the ages of five and 19 and that provides standards
of instruction meeting requirements of the Commonwealth.
2.
This term shall not include:
A.
Trade schools (such as privately operated schools of trade,
vocation or business); or
B.
Care and treatment facilities for youth.
SCREENING
A year-round vegetative material of substantial height and density designed to buffer two uses from each other. See requirements in §
27-803, Subsection
2.
SEEPS AND SPRINGS
Areas where groundwater intersects at or near to the ground
surface, either seasonally or permanently. Springs involve groundwater
reaching the surface at a specific point, while seeps involve a more
widespread area. These areas may or may not be considered wetlands
under federal requirements. Hydrophytic vegetation is often dominant.
SELF-STORAGE DEVELOPMENT
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
SEPTAGE
Materials pumped from a residential on-lot septic treatment
system that was installed and is maintained in compliance with DEP
regulations.
SETBACK LINE
1.
The line within a lot defining the required minimum distance
between any structure to be erected or use to be developed and the
corresponding lot line. Such line shall be measured at right angles
from and parallel to the corresponding lot line.
2.
Any building setbacks shall be measured from the foundation,
exterior wall, roof, overhang, or other component of a structure that
is closest to the right-of-way line or lot line from which the setback
is being measured.
3.
Unless otherwise stated, setback distances are for both accessory
and principal structures.
4.
For a building setback measured from a private street, the setback
shall be measured from the right-of-way of such a street, if a right-of-way
exists. If a private street does not have a right-of-way, the setback
shall be measured from the edge of the cartway.
SEWAGE SLUDGE or SLUDGE
The treated, conditioned, digested, accumulated, settled
solids deposited as a result of sewage treatment processes that occur
within the requirements of a state or federal environmental pollution
or on-lot septic system permit. This shall only include substances
adequately stabilized so that they are suitable for land application.
SHOPPING CENTER
1.
A use combining either:
A.
Six or more retail or personal service uses or establishments;
or
B.
Two or more retail or personal service uses or establishments
where such uses involve a total of more than 40,000 square feet of
total gross floor area.
2.
Such a use may also include offices.
SIGN
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from a street or beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See the definitions for various types of signs in §§
27-711 and
27-703.
SIGN AREA
The measurement of the square footage of a sign, as measured in compliance with §
27-711, Subsection
2.
SIGN, OFF-PREMISES
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
SITE ALTERATIONS
All ground disturbance, including, but not limited to, new
impervious coverage; regrading existing topography; alterations to
lakes, ponds, marshes, or floodplains; clearing vegetation; construction
of a stormwater detention basin; and altering watercourses. Site alterations
does not include the repaving/replacement of an existing impervious
surface unless the size is increased and/or the topography is altered.
SLAUGHTERHOUSE
A use that routinely involves the killing and butchering
of animals for use as meat, and which is not a customary accessory
use to the on-site raising of animals.
SLOPE
The vertical increase in height of ground level divided by
the horizontal length of that area of ground, measured in percent.
SOLICITOR
The Salisbury Township Solicitor, unless otherwise stated,
unless a special solicitor is appointed for a specific matter.
SOLID WASTE
1.
Any garbage, refuse, sewage sludge or other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from industrial, institutional, public, household, commercial or mining
activities.
2.
For the purposes of this chapter, the following materials shall
not be considered to be solid waste:
A.
Portions of trees or shrubs, leaves, mulch and rocks;
B.
Substances legally disposed of into the air or water through
a federal or state pollution discharge permit;
C.
Customary residual wastes from a permitted mineral extraction
use; or
D.
Materials of a character such as paper, plastic, aluminum and
metal that have been separated from the waste stream for recycling.
SOLID WASTE FACILITY
1.
Land or structures where solid waste is processed, incinerated
or disposed of. This shall only include the following facilities,
each of which shall be required to have all permits required by the
state in place prior to initiation of the use: sanitary landfill,
solid waste transfer facility or solid-waste-to-energy facility.
2.
The following uses, for the purposes of this chapter, shall
not be considered to be a solid waste disposal facility: junkyard,
recycling collection center, leaf composting, clean fill, or septage
or sludge application.
SOLID WASTE TRANSFER FACILITY
A type of solid waste disposal facility which receives and
temporarily stores solid waste at a location other than the generation
site, and which facilitates the bulk transfer of accumulated solid
waste to a facility for further processing or disposal, and which
may or may not involve the separation of recyclables from solid waste.
Also see the definitions of each of these terms in Title 25 of Pennsylvania
Department of Environmental Protection regulations.
SOLID-WASTE-TO-ENERGY FACILITY
A type of solid waste disposal facility that utilizes waste
(such as trash, sludge or any other nonhazardous commercial, residential
or industrial materials) as a fuel to produce usable energy (such
as steam or electricity) in bulk to be marketed for reuse to offset
disposal costs. Also see the definitions of each of these terms in
Title 25 of Pennsylvania Department of Environmental Protection regulations.
SPECIAL EXCEPTION
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See §
27-120.
SPECIFIED SEXUAL ACTIVITIES
One or more of the following:
1.
Human male genitals in a visible state of sexual stimulation.
2.
Acts of human masturbation, sexual intercourse, oral sex or
sodomy.
3.
Fondling or other erotic touching of human genitals.
STABLE, NONHOUSEHOLD
Any housing of more than two horses. This may include a commercial or private riding club. The housing of one or two horses shall be considered an accessory use under the "pets and accessory animals, keeping of provisions (see §
27-403).
STATE
Any references to Pennsylvania State should be referenced
as "Commonwealth."
STORAGE SHED
An enclosed accessory building maintained primarily for the
convenience of the occupant(s) of the principal building on the lot
and which is not used for the housing of a motor vehicle.
STORY
That portion of a building included between the upper surface
of a floor and upper surface of the floor or roof next above (also
see basement, building height, grade plane and mezzanine). It is measured
as the vertical distance from the top to top of two successive tiers
of beams or finished floor surfaces and, for the topmost story, from
the top of the floor finished to the top of the ceiling joists or,
where there is not a ceiling, to the top of the roof rafters.
1.
BASEMENTA story that is not a story above grade plane. The definition of "basement" does not apply to the provisions of § 1612 of the IBC for flood loads.
2.
STORY ABOVE GRADE PLANEAny story having its finished floor surface entirely above grade plane or in which the finished surface of the floor next above is:
A.
More than six feet (1,829 mm) above grade plane; or
B.
More than 12 feet (3,658 mm) above the finished ground level
at any point.
STREET
A public or private thoroughfare which affords principal
means of access to abutting properties or that is a regional highway/expressway,
but not including a driveway or accessway. The terms "street," "highway"
and "road" have the same meaning and are used interchangeably.
STREET CENTER LINE
The center of the existing street right-of-way or, where
such cannot be determined, the center of the traveled cartway.
STREET CLASSIFICATION
The functional classification of streets into the following
types, as shown in the Comprehensive Plan for existing streets and
as determined by the Township Engineer for future streets:
1.
ALLEYA street designed as a secondary access to properties, with a maximum width of 20 feet.
2.
ARTERIAL STREETA street designed to carry large volumes of through traffic for the connection of residential areas and for circulation outside of residential areas.
3.
COLLECTOR STREETA street designed to carry moderate volumes of traffic between local streets and arterial streets, and usually provides only limited vehicular access to abutting properties.
4.
CUL-DE-SAC STREETA local street which is permanently terminated at one end by a vehicle turnaround and which intersects another street at the other end.
5.
LOCAL STREETA street designed to carry low volumes of traffic and provide direct access from abutting properties to collector and arterial streets.
6.
LOOP STREETA local street which intersects other streets on each end and may intersect a cul-de-sac street at some point between each end.
7.
REGIONAL HIGHWAY OR EXPRESSWAYA street that provides direct links between metropolitan areas, which carries large volumes of high-speed traffic, that does not permit on-street parking, and that has no at-grade intersections. Typically, this classification is for state roads.
STREET, PRIVATE
A street that does not meet the definition of a "street,
public."
STREET, PUBLIC
A street that is owned and maintained by Salisbury Township
or PennDOT.
STRUCTURE
Any man-made object having an ascertainable location on,
below, or in land or water, whether or not affixed to the land. The
term "structure" shall not include a child's playset or playhouse,
as long as its design is clearly that for a child and it will not
be utilized as a storage shed or similar type of use.
SUBDIVISION
The division or consolidation of a lot, as defined by one
of the following categories:
1.
LOT CONSOLIDATIONThe deletion of a lot line for the purpose of joining a lot to an adjacent lot, parcel, or tract of land.
2.
LOT LINE ADJUSTMENTAny replatting of land which involves a change of any existing lot line and does not involve the creation of any additional lot or lots, the creation of any new street or any extension of or improvements to an existing street. May also be referred to as "resubdivision."
3.
MAJOR SUBDIVISIONAny subdivision which does not constitute a lot consolidation, lot line adjustment, or minor subdivision.
4.
MINOR SUBDIVISIONAny subdivision which involves the creation of no more than four lots for residential purposes only and does not involve the creation of any new street of the extension or improvement of any existing street.
SWIMMING POOL, HOUSEHOLD OR PRIVATE
A structure with walls of man-made materials intended to
enclose water at least 24 inches deep for bathing or swimming and
that is intended to serve the residents of only one dwelling unit
and their occasional guests.
SWIMMING POOL, NONHOUSEHOLD
A structure with walls of man-made materials intended to
enclose water at least 24 inches deep for bathing or swimming and
that does not meet the definition of a "household swimming pool."
1.
A nonhousehold pool includes:
A.
A pool that serves only residents of a development, guests/visitors
of a nonresidential use for which a swimming pool is an accessory
structure, or members of a club and their occasional guests;
B.
A pool intended to serve the general public.
2.
See also the provisions for recreational facilities limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of §
27-306.
TAVERN
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade. The sale of food may also
occur. See also the definitions of "restaurants," "auditoriums" and
"nightclubs."
TEMPORARY
Unless otherwise provided for in regards to a specific provision,
or unless otherwise approved by the Township, "temporary" shall mean
not lasting or occurring more than 30 total days in any calendar year
(January 1 through December 31).
TEMPORARY STRUCTURE
Unless otherwise provided for in regards to a specific provision,
or otherwise approved by the Township, any structure, as defined above,
that will be situated on a lot for not more than 30 days in any calendar
year (January 1 through December 31).
THEATER
A building, part of a building, or structure devoted to the
showing of motion pictures or theatrical or performing arts productions
as a principal use, but not including an outdoor drive-in theater
or adult movie theater.
THEATER, OUTDOOR DRIVE-IN
An outdoor area devoted primarily to the showing of motion
pictures or theatrical productions to patrons seated in motor vehicles
or outdoors.
TIRE STORAGE, BULK
The storage of more than 250 tires on a lot, except for manufacture
or wholesale or retail sales of new tires.
TOWNSHIP
Salisbury Township, Lehigh County, Pennsylvania, or its designee.
TRACT
The combination of lots in common ownership that are submitted
to be approved together as part of a single subdivision or land development.
TRADE SCHOOL
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily
provide state-required education to persons under age 16 and that
does not meet the definition of a "college" or "university." This
shall include a dancing school, martial arts school or ceramics school.
TREATMENT CENTER
A use (other than a permitted prison or a permitted care
and treatment facility for youth) providing housing facilities for
persons who need specialized housing, treatment and/or counseling
and who need such facilities because of:
1.
Criminal rehabilitation, such as a criminal halfway house or
a treatment/housing center for persons convicted of driving under
the influence of alcohol.
2.
Addiction to alcohol and/or a controlled substance.
3.
A type of mental illness or other behavior that could cause
a person to be a threat to the physical safety of others.
TREATMENT CENTER, OUTPATIENT
A use that primarily exists to provide medication (such as
methadone) and/or repetitive counseling to multiple persons with addictions
to illegal use of controlled substances as a principal use, and which
does not include on-site residential facilities, and which is not
licensed by the state as a hospital.
TREE HARVESTING
The portion of "forestry" which involves the cutting down
of trees and removing logs for any type of business or other commercial
purpose. Does not include trees permitted to be removed as part of
an approved development or construction project nor does it include
trees removed as part of an approved Christmas tree farm or other
crop farming use. May also be referred to as "timber harvesting" or
"logging." "Tree harvesting" does not include other activities associated
with the removed trees such as, but not limited to, on-site retail
sales, manufacturing, and processing.
TRUCKING COMPANY TERMINAL
A use involving a large variety of materials, including materials
owned by numerous corporations, being transported to a site to be
unloaded primarily from tractor-trailer trucks and reloaded onto tractor-trailer
trucks, and that does not involve substantial processing or repackaging
of the materials.
1.
A use that primarily involves either loading materials from
tractor-trailers onto smaller trucks or loading materials from smaller
trucks onto tractor-trailers shall be considered a distribution use.
2.
A trucking company terminal may include the following as clearly
accessory uses if they are closely related to the principal use: repair,
washing, refueling and maintenance facilities for trucks using the
terminal, administrative uses for the terminal, and rest facilities
for truck drivers using the terminal.
UNIT FOR CARE OF RELATIVE
A separated living area especially created for and limited to occupancy by a relative of the permanent residents of the principal dwelling unit to provide needed care and supervision of such relative because of a handicap, disability, developmental disability, illness or old age. See standards listed under accessory apartment in §
27-403, Subsection
4A(9). See definition of "relative" in this section. If such area is entirely incorporated within a lawful dwelling unit without a separate kitchen, then such area shall be permitted by right.
USE
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include, but are not limited to,
the following: activity within a building, activity outside of a building,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
VARIANCE
The granting of a specific waiver by the Zoning Hearing Board of a specific requirement of this chapter for a specific property. A variance shall only be granted if the applicant meets the variance standards of the Pennsylvania MPC, 53 P.S. § 10101 et seq. (See §
27-112, Subsection
5, of this chapter.)
VERNAL POOL
Areas that are low points topographically and are typically
covered by shallow water for an average of two months during normal
years, but which may be completely dry for the remainder of the year,
and which are not man-made.
VETERINARIAN OFFICE
A building routinely used for the treatment of animals and
related housing or boarding of sick animals. Treatment of small animals
includes only small domestic animals, including, but not limited to,
dogs, cats, rabbits, birds or fowl. Treatment of large animals includes
all types of animals, including horses, cows and pigs. The housing
primarily of healthy animals shall be considered a kennel and shall
meet the requirements of that use.
WAREHOUSE
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
WATER DISTRIBUTION SYSTEM, COMMUNITY
A system for supplying and distributing water to one or more
dwelling units or buildings located on one or more lots from a common
source and/or buildings, within a single neighborhood.
WATER DISTRIBUTION SYSTEM, PUBLIC
A system for supplying and distributing water from a common
source to dwellings and other buildings, but generally not confined
to one neighborhood.
WATERCOURSE
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations. A watercourse may originate from a lake or underground
spring(s) and be permanent in nature or it may originate from a temporary
source such as runoff from rain or melting snow. The term "watercourse"
shall include rivers, streams, creeks, rivulets, channels, lakes,
a ditch, a drain, a dry run, springs, ponds, dammed waters, wetlands
and all other bodies or channels of conveyance of surface and underground
waters.
WETLAND
An area of land and/or water meeting one or more definitions
of a wetland under federal and/or Pennsylvania law and/or regulations.
WETLAND BUFFERS
An area of protection around a wetland within which specific
development, construction and other human activities are prohibited.
WHOLESALE
Sales that primarily involve transactions with other businesses
and their agents and not the general public.
WIND TURBINE
A device exterior to a building that converts wind energy
into electricity, such as by using rotors.
WOODLAND
A tree mass or plant community in which tree species are
dominant or co-dominant, and the branches of trees form a complete,
or nearly complete, aerial canopy. For the purposes of this chapter,
the extent of any woodland plant community or any part thereof shall
be measured from the outermost dripline of all the trees in the community.
Woodland shall include any area where timber has been harvested within
the previous three years and/or woodland disturbance has occurred
within the previous three years which would have met the definition
of "woodland" prior to timbering or disturbance. Woodlands do not
include orchards or old fields.
YARD
An area between a specified lot line and the required setback
line for each side. Such yard shall extend the full width between
the two parallel lines. Includes "front yard," "side yard," and "rear
yard." See definition of "lot line" for further classifications regarding
the determination of each yard.
ZONING MAP
The Map is adopted as part of the zoning amendment approved
by ordinance.
ZONING OFFICER
The administrative officer charged with the duty of enforcing
the provisions of this chapter, or his or her officially designated
assistant(s).