For the purpose of this chapter, certain terms and works used
herein shall be interpreted or defined as follows:
A.
Words used in the present tense shall include the future.
B.
Words used in the singular include the plural.
C.
The word "person" includes a corporation, as well as an individual.
D.
The word "lot" includes the word "parcel."
E.
The term "shall" is always mandatory.
F.
The term "may" is always permissive.
G.
The words "used" or "occupied" as applied to any land or buildings
shall be construed to include the words "intended, arranged or designated
to be used or occupied."
H.
The word "building" includes the word "structure."
I.
Unless otherwise specified, all distances shall be measured horizontally.
[Amended 4-6-2011 by Ord.
No. 2010-200-5; 7-18-2012 by Ord. No. 2010-200-8; 5-18-2016 by Ord. No. 2010-200-13; 5-18-2016 by Ord. No. 2010-200-14; 3-18-2020 by Ord. No.
2010-200-21; 9-2-2020 by Ord. No. 2010-200-22 at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
As used in this chapter, the following words and phrases shall
have the meanings indicated in this section.
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building. Temporary accessory structures such as
storage pods, storage containers, carports or soft-sided builds do
not require a zoning permit, but shall meet the regulations of in
the definition of "structure, temporary" in this section.
A use on the same lot with, and of a nature customarily incidental
and subordinate to, the principal use and not occupying more than
40% of the net floor area of any one floor in the principal structure
or not more than 40% of the lot area.
The science and art of farming including cultivating the
soil, producing crops and raising livestock and poultry. Agricultural
activities include normal farming operations, as well as orchards
and vineyards, dairy farms, greenhouses, horticultural operations,
nurseries, and agricultural storage and/or processing activities.
Any area of land or water designed and set aside for the
landing and taking off of aircraft and used or to be used in the interest
of the public for such purposes. Such areas are usually equipped with
hangers, facilities for refueling and/or repair and various accommodations
for commercial and/or private passengers.
Any structure or tree or use of land which obstructs the
airspace required for the flight of aircraft in landing or taking
off at an airport or is otherwise hazardous to the landing or taking
off of aircraft.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter.
An airfield consisting of one or more runways for the private,
personal use of the individual(s) living on or owning the premises.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities
or an enlargement, whether by extending on a side, front or back or
by increasing height, or the moving from one location or position
to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
A change in use in any district which included revisions
to this chapter text and/or the Official Zoning Map; the authority
for any amendment lies solely with the governing body.
A building used for the treatment, housing or boarding of
small domestic animals such as dogs, cats, rabbits and birds or fowl
by a veterinarian; also includes veterinary clinic.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wire signals. An antenna may include omnidirectional antenna (rod),
directional antenna (panel), parabolic antenna (disc), or any other
wireless antenna. An antenna shall not include tower-based wireless
communications facilities, defined hereafter. This definition shall
not include private residence-mounted satellite dishes or television
antenna or amateur radio equipment, including, without limitation,
ham or citizen band radio antenna.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The area of a lot, site, parcel, etc., which is situated
within the property lines of said lot, parcel, etc., provided that
the area shall be measured only to the right-of-way line of a street,
road or alley, and that it shall not include any part of a street,
road, alley or area used in common with the owner(s) or occupant(s)
of other lots.
Any premises used for major automotive and vehicle repairs
such as:
A story partly underground but having at least half of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for living purposes and for purpose of
height measurement if the vertical distance between the ceiling and
the average level of the adjoining ground is more than five feet.
An existing owner-occupied dwelling of at least 50 years
which has been inspected by the Pennsylvania Department of Labor and
Industry in which no more than six rooms are used to provide overnight
accommodations for transient guests for compensation and in which
breakfast may be provided or offered to the transient guests.
An existing dwelling of at least 50 years which has been
inspected by the Pennsylvania Department of Labor and Industry and
provides guest rooms for overnight accommodations of transient guests.
Breakfast is the only meal served and is served to the guest only.
A sign other than one indicating a business conducted on
the premises; a sign upon which advertising matter of any character
is printed, posted, or lettered; and it may be either freestanding
or attached to a surface of a building or other structure.
An area or zone where the rate of progressive bluff recession creates a substantial threat to the safety or stability of nearby existing or future structures or utility facilities. See Chapter 149, Bluff Setbacks, of this Code, for specific building and setback requirements as relates to the bluff recession hazard area.
BLUFFA high or bold headland with a broad, precipitous cliff face overlooking a lake.
BLUFF LINEThe edge or crest of the cliff.
BLUFF RECESSIONThe loss of material along the bluff face caused by the direct or indirect action by one or a combination of groundwater seepage, water currents, wind-generated water waves, or high-water levels.
MINIMUM BLUFF SETBACK DISTANCEThe shortest horizontal distance from a point on the bluff line to a point on a structure.
A structure used or intended for supporting or sheltering
any occupancy.
The line within the property defining the required minimum
distance between any enclosed structure and the adjacent street right-of-way
or property line.
The line of that face of the building nearest the frontline
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building in which is conducted the principal use of the
lot on which it is located.
A small restaurant selling light refreshments and drinks
with minimal indoor and outdoor seating areas that may include drive-through
and/or walk-up window which is intended mainly for takeout orders.
An open space for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a room
supported by columns or posts except that one or more walls may be
the walls of the main building to which the carport is an accessory
building or extension; it shall meet the regulations of the definition
of "structure, temporary" in this section.
That portion of the street right-of-way surfaced for vehicular
use. Width is determined from face of curb to face of curb or from
one edge of driving surface to the other edge of driving surface.
A story partly underground having more than half of its clear
height below the average level of adjoining ground. A cellar shall
not be considered in determining the permissible number of stories.
A certificate issued by a code administrator allowing occupancy
of a building or structure under the UCC.[1]
A triangular area of unobstructed vision on corner lots formed
by a 100-foot sight line along the center line of a secondary or primary
road, by a seventy-five-foot sight line along the center line of a
local street, and by a line joining these two sight lines at the greatest
distance from their intersection.
The mounting of one or more WCFs, including antenna, on an
existing tower-based WCF (wireless communications facility) or on
any structure that already supports at least one nontower WCF.
Engaging in a business, enterprise, activity or other undertaking
for profit.
Any vehicle designed, intended or used for the transportation
of people, goods or equipment other than private passenger vehicles
and trailers for the private, nonprofit transport of goods, equipment,
other vehicles and/or boats. Such vehicles shall include commercially
licensed trucks that have a capacity of one ton or more and include
trucks, tractor trailers, tractors, trailers and construction and/or
earthmoving equipment. Farm tractors and related farm equipment shall
be excluded from this definition.
The Harborcreek Township Planning Commission.[2]
A comprehensive plan (overall program) consists of maps,
charts and textual matter, and indicates the recommendations of the
Planning Commission for the continuing development of a municipality.
The comprehensive plan includes, but is not limited to, the following
related basic elements: a statement of objectives; a plan for land
use; a plan for the movement of people and goods; a plan for community
facilities and utilities; and a map or statement indicating the relationship
of the municipality and its proposed development to adjacent municipalities
and areas.
A use which is not appropriate to a particular zone district
as a whole, but which may be suitable in certain locations within
the district only when specific conditions and factors prescribed
for such cases within this chapter are present. Conditional uses are
allowed or denied by the municipal governing body after recommendations
by the Planning Commission.
Refers to a type of ownership where an individual owns the
dwelling unit within a building and may have a common interest in
the property on which the structure is situated.
A permit issued by the Building Code Official under Chapter 180, Construction Code, Uniform, of the Township Code, indicating that proposed construction, alteration or reconstruction of a structure or other work regulated by the Uniform Construction Code is in accordance with the UCC as adopted by the Township and authorizing the applicant to proceed with such work or activity. This term shall be deemed to include "building permit" or "UCC permit." Such permit is distinct from a zoning permit and is not issued, administered or reviewed under this chapter.
The remodeling of a single-family dwelling unit into two
or more separate living units, exclusive of cellar dwellings and having
a minimum of one off-street parking space per living unit.
That portion or percentage of the plot or lot area covered
by the building area.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
An area constituted by or pursuant to this chapter and delineated
by text and map to as location, extent, nature and contents.
A building, whether public or private, associated with a
school, college or university designed for, used and arranged with
rooms providing sleeping, studying, and living accommodations for
students. Not to be considered a multifamily dwelling.
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "multiple-dwelling,"
"two-family dwelling" or "dwelling group" shall not be deemed to include
automobile court, rooming house, tourist home or hotel.
LOW-RISE OR GARDEN APARTMENT BUILDINGA building containing two or more floors with each floor containing a series of individual dwelling units served by a common elevator or stairwell(s). Access to the individual units is provided by a common interior corridor or hallway on each floor, and access to the building is provided by one or more common entrances. For the purpose of this chapter, a low-rise or garden apartment building shall not exceed 40 feet in height.
MULTIPLE-FAMILYA building containing three or more dwelling units and designed to be used or occupied as a residence by three or more families living independently of each other and each unit having its own exterior door or entrance door from an interior hall.
QUADRAPLEXFour dwelling unit accommodating four families, each unit having two common or party walls, with each dwelling unit being one or two stories in height.
RESIDENTIAL CONVERSION UNITTo be considered a conversion, any proposed alteration must be confined to the interior of an already existing structural shell. Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion and shall be required to meet the appropriate provisions established in that district for that particular use.
SENIOR CITIZEN DWELLING UNITA dwelling unit intended for occupancy by persons age 55 or over or a couple in which at least one person is age 55 or over.
SINGLE-FAMILY DETACHEDA dwellling unit accommodating a single-family and having two side yards.
TOWNHOUSE or ROW DWELLINGThree or more dwelling units accommodating three or more families which are attached side-by-side through the use of common party walls and which may have side yards adjacent to each end unit. Each dwelling unit is generally two stories in height, but may be either one story or three stories in height.
TWO-FAMILY or DUPLEXA building having two dwelling units each with its own exterior entrance and containing but two families. The dwelling units may be either semidetached with one family living on each side of a common party wall or stacked with one family living over the other.
Any building or portion thereof which is designed and used
exclusively for residential purposes of one family and includes complete
kitchen and bathroom facilities.
The minimum of average square footage necessary to constitute
a dwelling unit in a multiple-dwelling structure.
A dwellling specifically designed so most or all of the structure
is situated below the average level of the adjoining ground. The earth
sheltered dwelling is designed to be an energy efficient structure
and is not considered as a cellar dwelling.
An establishment where meals are served to customers. Intended
for customers to dine in.
A condition that:
An area or facility used to house emergency response equipment
and transport vehicles. Such equipment shall include firefighting
trucks, ambulances, helicopters and any other equipment of similar
purpose. Such facilities shall include what is commonly referred to
as fire stations, police, emergency medical, emergency management
agency and ambulance heliports.
Includes built, constructed, reconstructed, moved upon or
any physical operations on the land required for the building. Excavation,
fill, drainage and the like shall be considered part of the erection.
Any communications tower/antenna owned or operated exclusively
by an agency or authority of the Township or Commonwealth of Pennsylvania
or any police, fire, emergency medical or emergency management agency
and which are providing a service to the Township of Harborcreek for
the public health, safety, and welfare.
The erection, construction, alteration or maintenance by
public utilities or municipal departments, authorities, or commissions
of underground gas, underground or aboveground electrical, telephone,
cable television transmission or distribution systems, and public
water, public sanitary sewer and public storm sewer facilities including
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, traffic signals, hydrants and similar equipment and accessories
in connection therewith.
The erection, construction, alternation or maintenance by
public utilities or municipal departments, authorities, or commissions
of buildings or structures necessary for the furnishing of adequate
services for the public health, safety and general welfare such as
water and sewer pump stations, water storage towers, electric substations,
natural gas regulator stations, telephone substations or similar type
structures, but excluding office buildings, the outside storage of
equipment or maintenance depots, communications towers and communications
antennas.
Federal Aviation Administration.
An individual, or two or more persons related by blood or marriage
or adoption, living together in a dwelling unit; or
A group of not more than two persons who need not be related
by blood or marriage or adoption living together as a single housekeeping
unit in a dwelling unit and sharing common facilities as considered
reasonably appropriate for a family related by blood, marriage or
adoption, in either case exclusive of usual servants.
Permanent homes for the handicapped or family-like living arrangements
for handicapped persons. Groups of not more than four unrelated persons
may be treated as a family if they are defined as handicapped under
the Fair Housing Amendments Act to the Federal Civil Rights Act[3] and meet the criteria as outlined within supplemental
regulations of this chapter.
An parcel of land containing 10 or more acres, which is used
for gain in the raising of agricultural products, livestock, poultry
and dairy products. It includes necessary farm structures within the
prescribed limits and the storage of equipment used. It excludes the
raising of furbearing animals, riding academies, livery or boarding
stables and dog kennels.
Federal Communications Commission.
A business which leases outdoor space to persons who wish
to vend a variety of new and used goods for sale to the general public
by displaying those goods on tables, in or on motor vehicles, or on
the ground. This definition does not include farmers' markets,
which are restricted to the sale of only produce, flowers, and similar
agricultural products.
All that space relegated to use by the customer and the retail
employee to consummate retail sales and to include display area used
to indicate the variety of goods available for the customer, but not
to include office space, storage space and other general administrative
areas.
The sum of the gross horizontal areas of several floors of
a building and its necessary buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between the exterior faces of walls.
As applied to commercial uses to determine off-street parking,
the area used or intended for services to the public as customers,
patrons, clients or tenants, including areas occupied for fixtures
and equipment used for display or sale of merchandise. Floor areas
may be excluded which are used exclusively for storage, housing of
mechanical equipment integral with the building, for maintenance facilities
or for those areas so restricted that the customers, patients, clients,
salesmen and the general public are denied access.
The cultivation and management of ornamental and flowering
plants.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes which does not involve any land development. Pursuant to
Section 603(f) of the Pennsylvania Municipalities Planning Code,[4] forestry shall be a permitted use by right in all zoning
districts.
A temporary event to sell used household goods from a single-family
dwelling, an accessory building, or a yard area. Garage sales are
a permitted temporary accessory use to a single-family dwelling, provided
that no such sales exceed seven days in duration and no more than
14 days of such sales occur within any calendar year from the premises.
An enclosed or covered space for the storage of one or more
motor vehicles, provided that no business, occupation or service is
conducted for profit therein, nor space therein for more than one
car is leased to a nonresident of the premises.
A public building or structure where motor vehicles can be
temporarily stored or parked for a fee.
Any premises used for supplying gasoline, oil, minor accessories
and service for automobiles at retail direct to the motorist consumer,
including the making of minor repairs, but not including major repairs
such as spray painting; body, fender, clutch, transmission, differential,
axle, spring and frame repairs; major overhauling of engine requiring
removal therefrom of cylinder head or crankcase pan; repairs of radiator
requiring removal thereof; complete recapping or retreading of tires.
The Board of Supervisors of Harborcreek Township, Erie County,
Pennsylvania.
An establishment that provides, in a family setting or environment
room, board and care to persons who are mentally retarded, physically
handicapped, dependent children under the age of 18 years or individuals
over 62 years of age who are in need of supervision and specialized
services limited to health, social and/or rehabilitative services
provided by a governmental agency, its licensed or certified agents
or a responsible and licensed nonprofit social service corporation.
Supervision shall be provided by responsible adults whose number shall
be determined and certified by the sponsoring agency, at least one
responsible adult to be available for the resident clients on a twenty-four-hour
per day basis while resident clients are on the premises. Such establishment
must inherently function as a single housekeeping unit and not as
an institution, shall not bear exterior signage and shall not allow
or engage in any activity, including extent of parking, not customary
for other uses in the particular zoning district, except as may be
required under this chapter. This category shall not include facilities
for delinquent children; persons 18 or more years of age released
from or under the jurisdiction of a criminal court, government bureau
of corrections or similar institution or agency; persons suffering
from communicable or publicly transmittable diseases or otherwise
not within this specific definition. In this category, the number
of residents shall include clients, staff and family or staff residing
in the facility and nonresident staff assigned per shift.
An unusual situation or condition that relates to a particular
property and which denies the property owner full or reasonable use
of his property if strict enforcement of this chapter is followed.
A hardship exists only when it is not self-created or when it is not
economic in nature. In other words, a true hardship exists only when
the literal interpretation and/or enforcement of this chapter would
place a property owner or individual in an unusual situation and,
in doing so, would deny him the right to use his property for any
permitted use or create an unnecessary burden on him. Also see the
Pennsylvania Municipalities Planning Code.[5]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antenna mounted on the tower and any other appurtenances.
An area used by helicopters for passenger and cargo facilities,
maintenance and overhaul, fueling service, storage space, tie-down
space, hangars and other accessory buildings and open spaces.
An area on the ground used by helicopters for the purpose
of picking up or discharging passengers, refueling, storage space
and hangars, but not including maintenance or overhaul.
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, excluding the keeping of
livestock.
An accessory use to a portion of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services. The use (home occupation) is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the uses permitted in the zoning district of which it is a part. Home occupations are permitted as conditional uses in accordance with Article XVIII.
The science and act of growing fruits, vegetables, flowers,
or ornamental plants.
Unless otherwise specified, the term "hospital" shall be
deemed to including sanitarium, sanatorium, preventorium, clinic,
rest home, nursing home, convalescent home and any other place for
the diagnosis, treatment or other care of ailments, and shall be limited
to places for the diagnosis, treatment or other care of human ailments.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in any
accessory building.
A noncommercial sign which expresses a religious, political,
social, or other philosophical message. Ideological signs are not
to be classified as temporary or permanent.
Signs which are illuminated by electrical, mechanical or
other means, as well as those using luminous paint or reflectorized
glass to reflect light.
The manufacturing, compounding, assembling, processing, packaging
or treatment of raw material or other products.
A nonprofit organization, society or corporation established
within or outside of the community, especially one of a public character
for the purpose of promulgating the health, welfare and well-being
of the community.
Any worn, cast-off or discarded article or material which
is ready for destruction or which has been collected or stored for
sale, resale, salvage or conversion to some other use. Any such article
or material which, unaltered, not needed to be disassembled or unfastened
from, or unchanged and without further reconditioning, can be used
for its original purpose as readily as when new, shall not be considered
junk.
A motor vehicle not in running condition, stored in the open,
not being restored to operation, unlicensed and without a current
Pennsylvania State inspection sticker.
The use of more than 100 square feet of the area of any lot
for the storage, keeping or abandonment of junk, including scrap material
from the dismantling, demolition or abandonment of automobiles or
other vehicles or machinery or parts thereto.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more buildings.
The division or allocation of land or space between or among
two or more existing or prospective building groups or other features.
A subdivision of land.
The construction of new multifamily residential, commercial,
industrial or institutional structures.
The conversion of existing structures to another permitted principal
use.
A business premises equipped with individual clothes washing
machines for the use of retail customers, or providing a clothes cleaning
service though dry cleaning or other methods, exclusive of laundry
facilities provided as an accessory use in an apartment house or an
apartment hotel.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary stopping of
commercial vehicles while loading or unloading merchandise or materials
and which abuts upon an alley, street or other appropriate means of
access, and which is not less than 12 feet wide, 45 feet in length
and 15 feet in height.
A tract or parcel of land designated for conveyance or transfer
of ownership, improvement or sale, whether immediate or future.
The area of a lot, site, parcel, etc., which is situated
within the property lines of said lot, parcel, etc., provided that
the area shall be measured only to the right-of-way line of a street,
road or alley; it shall not include any part of a street, road, alley
or area used in common with the owner(s) or occupant(s) of other lots.
The percentage of a lot covered by buildings or structures
measured as the total area of such area divided by total lot area.
The mean horizontal distance between the front lot line and
the rear lot lines.
The lines bounding a lot, as defined.
Any lot which individually or as part of a subdivision has
been recorded in the Office of the Recorder of Deeds for Erie County.
The mean horizontal distance across the lot, between the
side lot lines, measured at right angles to the depth.
A lot abutting two or more streets at their intersection
on which the building line for all streets must be observed.
A lot other than a corner lot.
Mineral extraction shall include all activity which removes
from the surface or beneath the surface of the land some material
mineral resource, natural resource or other element of economic value
by means of mechanical excavation necessary to separate the desired
material from an undesirable one, or to remove the strata or material
which overlies or is above the desired material in its natural condition
and position. Open pit mining includes, but is not limited to, the
excavation necessary to the extraction of sand, gravel, topsoil, limestone,
sandstone, coal, clay, shale and iron ore.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection therein of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership, which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antenna and connecting appurtenances.
Any group of attached or detached buildings containing individual
sleeping or housekeeping units designed for transients, including
an auto court, motor court, motor lodge or cabins.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal junctions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more that 25% of the habitable floor space.
The business may involve any illegal activity.
A structure or part of a structure not designed to comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such structure lawfully existed prior
to the application of this chapter or amendment to its locations by
reason of annexation. Such nonconforming structures include, but are
not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment or prior to the application
of this chapter or amendment to its location by reason of annexation.
A person or party who does not have a permanent place of
dwelling within the community as defined by a local post office address
and/or registration to vote within the community.
All nontower wireless communications facilities, including
but not limited to antenna and related equipment. Nontower WCF shall
not include support structures for antenna or any related equipment
that is mounted to the ground or at ground level.
A proprietary or a nonprofit facility licensed by the State
of Pennsylvania for the accommodation of convalescence of chronically
ill persons in which nursing care and medical services are prescribed
by or are performed under the general direction of persons licensed
to provide such care or services in accordance with state laws.
INTERMEDIATE CARE HOMEProvides skilled nursing care, but not as its primary function.
PERSONAL CARE HOMEA facility which may provide some skilled nursing care but only as an adjunct to its primary personal care function.
RESIDENTIAL CARE HOMEA facility which may provide some skilled nursing care but only as an adjunct to its primary residential care function.
SKILLED NURSING CARE HOMEProvides skilled nursing care as its primary and predominant function.
An unoccupied space open to the sky.
The duly authorized agent, attorney, purchaser, devisee,
fiduciary or any person having vested or equitable interest in the
lot in question.
An off-street space having an area of not less than 180 square
feet, whether inside or outside of a structure, for the temporary
parking of automobile vehicles. Such space is to be used exclusively
as a parking stall for one vehicle, plus 150 square feet used exclusively
for turning and access to the parking stall or space.
A patio is defined as a portion of a structure which may
or may not be partially enclosed by a roof and/or one or more walls.
A patio constructed at grade level and with no roof or walls may extend
into any required yard space. However, at any point in the future,
only that portion of the patio that is within the required building
setback lines may be enclosed by applying for a building permit.
Any enterprise which primarily offers services to the general
public, such as shoe repair, valet services, tailoring, clothes cleaning,
barbershops, beauty salons and related services.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of this chapter. Such developments usually include
a more compact arrangement of individual and/or multifamily dwelling
units, grouped in or around common open spaces or green areas. Also,
they may include such uses as public and semipublic uses and recreational
facilities (noncommercial), provided they are functionally integrated
into the development and that the character of the development conforms
to the purpose and intent of this chapter. In general, such development
projects shall include the necessary covenants or other legal provisions
and financial programs as will assure conformity to the achievement
of the proposed development plan.
The duly constituted Planning Commission of Harborcreek Township,
Erie County, Pennsylvania.
A map, plan or layout of a subdivision indicating the location
and boundaries of individual properties.
Any sign which advocates a candidate for public office or
which supports a particular political party or a position on an issue
to be determined at an election. Political signs are not to be classified
as temporary or permanent.
A roofed over structure projecting from the front, side or
rear wall of a building. For the purpose of this chapter, a porch
is considered a part of the principal building and is not permitted
to extend into any required yards.
Two or more portable units designed and built to be towed
on a chassis and permanently combined on-site to form a single immobile
dwelling unit and having a minimum of 750 square feet of habitable
floor area shall be regarded as a single-family detached dwelling.
Any lot, parcel or tract of land and any building constructed
thereon.
The major dominant use of the lot on which it is located.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes
which are not conducted primarily for gain, providing that any vending
stands, merchandise or commercial activities are conducted only as
required generally for the membership of such club.
The office of a member of a recognized profession. When conducted
in a residential district, a professional office shall be incidental
to the residential occupation, shall be conducted entirely within
a residential building, and shall include only the offices of doctors
or physicians, dentists, optometrists, ministers, architects, professional
engineers, lawyers, artists, authors, musicians and such other similar
professional occupations which may be so designated by the Zoning
Hearing Board upon finding by the Board that such occupation is truly
professional in character by virtue of the need for similar training
and experience as a condition for the practice thereof and that the
practice of such occupation shall in no way adversely affect the safe
and comfortable enjoyment of property rights in any zone to a greater
extent than for the professional activities listed herein. The issuance
of a state or local license for regulations of any gainful occupation
need not be deemed indicative of professional standing.
A meeting open to the general public held pursuant to proper
public notice, as defined by the Pennsylvania Municipalities Planning
Code.[6]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Any public highway, street or alley accepted by different
levels of government for public use; all must be recorded in the Recorder
of Deeds Office, Erie County, Erie, Pennsylvania.
Recreation facilities are reclassified as public or commercial
and are defined as follows:
COMMERCIAL RECREATION FACILITYIncludes all indoor and/or outdoor recreation facilities which are operated as a business and where the facility is available to the general public for a user fee or where the facility (facilities) are available on a membership basis.
NONCOMMERCIAL RECREATION FACILITYIncludes such uses/facilities as camps and retreat centers sponsored and/or owned by a religious organization; camps, recreation facilities and other similar uses/facilities operated by a YMCA/YWCA, United Way or similar nonprofit organization agency or group.
PUBLIC RECREATION FACILITYIncludes any facility or area owned and/or operated by a local, county or state government or a school district for the use of the general public. Such facilities may charge user fees.
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or nontower WCF. By way of
illustration and not limitation, related equipment includes generators
and base stations.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
The surface of, and space above and below, any real property
in the Township in which the Township has a regulatory interest and
ownership interest or an interest as a trustee for the public, as
such interests now or hereafter exist, including but not limited to
all streets, highways, avenues, roads, alleys, sidewalks, tunnels,
viaducts, bridges, skyways, or any other public place, area or property
under the ownership and/or control of the Township, and any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the Township. The phrase "in the rights-of-way "
means in, on, over, along, above or under the right-of-way. For purposes
of this chapter, ROW shall also include streets and roads owned or
controlled by Erie County, the Commonwealth of Pennsylvania or its
agencies, or the United States government.
A building arranged or used for sheltering more than three
but not more than 20 individuals who are not members of the resident
manager's family. Shelter is provided in return for compensation
and meals may or may not be provided. A rooming house shall also include
a boardinghouse or lodging house.
A private hospital, whether or not such facility is operated
for profit.
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
A residential structure whose principal function is to provide
temporary residential living accommodations for nonpermanent residents
who are vacationing in the area. Such structures can be rented on
a daily, weekly or monthly basis and are intended, primarily, to house
tourists. Seasonal residences may include tourist cabins and existing
single-family homes or apartments.
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency or of any civic, charitable, religious, patriotic or similar organization. See Article XXII for a more specific description.
The granting of a modification of the provisions of this
chapter as authorized in specific instances listed and under the terms,
procedures and conditions prescribed herein. Special exceptions are
administered by the Zoning Hearing Board.
For the purposes of this chapter, specialized animal raising
and care shall include:
Feed lots or similar institutions where cattle, sheep, goats,
or swine are maintained in close quarters for the purpose of fattening
such livestock for final shipment to market when the density exceeds
one animal unit per acre.
Pens or structures for the raising and care of fur-bearing animals,
game birds, or similar operations for profit when the density exceeds
one animal unit per acre.
Licensed kennels.
For the purposes of this section, "animal unit" shall be defined
as one bovine, elk, or equine animal, two swine or camelids, four
sheep, deer, or goats, or 50 birds or small mammals.
Camouflaging methods applied to wireless communications towers,
antenna, and other facilities, which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such manner so as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antenna, building-mounted antenna painted to
match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
A covered or uncovered area at a front, side or rear door
not exceeding four feet by five feet or 20 square feet in area.
The vertical distance from top-to-top of two successive tiers
of beams or finished floor surfaces, and for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, where
there is no ceiling, to the top of the roof rafters.
A public way which affords principal means of access to abutting
properties.
The dividing line between the street and the lot, usually
referred to as the "right-of-way line."
A combination of materials that are built or constructed
with a permanent location or attached to something that is to remain
in one location.
A combination of materials that are built, constructed, or
prebuilt, such as storage pods, storage containers, carports, and
soft-sided structures, and the intended use is temporary, meaning
the structure is removed/taken down in two months or less per calendar
year. Temporary structures over 120 square feet shall meet setback
requirements within the district in which they are placed.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or residential
dwellings, shall be exempted.
A change is considered "substantial" if it results in:
Any increase in the height of a wireless support structure by
more than 10% or by the height of one additional antenna array with
separation for the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antenna; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Any reasonably permanent pool or open tank not located within
a completely enclosed building and containing or normally capable
of containing water to a depth at any point greater than 1 1/2
feet. Such pool or open tank shall be enclosed with a solid barrier
of not less than four feet but not more than six feet in height. Farm
ponds and/or lakes are not included, provided that swimming was not
the primary purpose for their construction.
Any structure that is used for the purpose of supporting
one or more antenna, including but not limited to self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
Includes travel trailers, pickup coaches, motorized homes
and recreational equipment, as follows:
BOATA vessel designed to travel on water.
BOAT TRAILERA trailer designed to haul a boat, as defined above.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
PICKUP COACHA structure designed primarily to be mounted on a pickup or other truck chassis with sufficient equipment to render if suitable for use as a temporary dwelling for travel, recreational and vacation purposes.
TRAVEL TRAILERA portable structure built on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational and vacation purposes, and permanently identified as a travel trailer by the manufacturer of the trailer.
UTILITY TRAILERA general purpose trailer used for hauling miscellaneous equipment and/or items. Such trailers may be open or enclosed.
A treatment center means a use, other than a prison, providing
housing facilities for persons who need specialized housing, treatment,
and/or counseling and who need such facilities because of criminal
rehabilitation, such as a criminal halfway house, criminal transitional
living facility or a treatment/housing center for persons convicted
of driving under the influence of alcohol, chronic abuse of or addiction
to alcohol and/or a controlled substance, or a type of mental illness
or other behavior that can reasonably be expected to cause a person
to be a threat to the physical safety of others.
A prerelease detention facility is any use (other than a prison
or state correctional institute) which involves the placement of persons
under the jurisdiction or supervision of the Department of Corrections
(hereafter "DOC"), the Board of Probation and Parole (hereafter "BPP")
or the Board of Pardons and/or any county probation department without
regard to any primary or secondary medical/psychological/social treatment
purpose.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A permit issued upon a change in use of a structure or a
parcel of land or upon request therefor which certifies that the premises
complies with the provisions of this chapter and which may be used
for the purposes set forth in such permit.
The occupancy of a building or of a lot for more than one
use, such as both a business and a residential use, both an industrial
and a residential use, etc.
Pennsylvania Wireless Broadband Co-location Act, 53 P.S.
§ 11702.1 et seq.
Transmissions through the airwaves, including but not limited
to infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antenna, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing or accommodating
wireless communications services.
Any person that applies for a wireless communication facility
building permit, zoning approval, and/or permission to use the public
right-of-way (ROW) or other Township-owned land, property, or structure.
A freestanding structure, such as a tower-based wireless
communications facility, or any other support structure that could
support the placement or installation of a wireless communications
facility, if approved by the Township.
Permission granted by the Zoning Hearing Board for an adjustment
to some requirement of this chapter which, if literally or strictly
enforced, would result in an unnecessary hardship to a property owner
by denying him the reasonable use of said property. The granting of
a variance shall maintain the spirit and original intent of this chapter
and shall not be contrary to the public interest. A variance applies
only to that property for which it is granted. It may modify dimensional
or land development standards or the permitted use requirements in
order to prevent the unconstitutional taking of the applicant's
property or denying him the reasonable use of same. (Also see definition
of "hardship" in this article.)
An open unoccupied space on the same lot with a building
or structure.
The open space extending the entire width of the lot between
the front building line and the street right-of-way.
The required open space extending from the rear of the main
building along the rear lot line (not necessarily a street line) through
the entire width of the lot.
The required open space extending from the side of any building
along the side lot line through the entire depth of the building.
A legal and administrative process whereby a municipality
divides its territory into districts and applies to each district
a number of regulations to control the use of land, the height and
bulk of buildings, and the area of ground built upon.
The Zoning Hearing Board of Harborcreek Township as duly
constituted by and established pursuant to this chapter.
The individual authorized by the Board of Supervisors to
be the administrator of the daily application of the provisions contained
in this chapter.
A permit issued that indicates that a proposed use, building,
structure or activity is in accordance with the provisions of this
chapter and other applicable ordinances and regulations of the Township,
and which authorizes the applicant to proceed with such use, construction
or other activity. The zoning permit shall be the means by which the
Township regulates use or activities other than construction and other
actions expressly regulated by the Uniform Construction Code[7] but which otherwise govern such activities. Action on
a zoning permit that relates to regulations of this chapter shall
be subject to appeal under this chapter. Action on a zoning permit
that relates to regulations under other laws or ordinances shall be
subject to review as specified in such laws and other ordinances.
[1]
Editor's Note: See 34 Pa. Code Chapters 401 through 405.
[2]
Editor's Note: Original definitions of "communications
antenna," "communications equipment building," "communications monopole,"
"communications tower" and "communications tower height," which immediately
followed this definition, were repealed 5-18-2016 by Ord. No. 2010-200-13.
[3]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[4]
Editor's Note: See 53 P.S. § 10603(f).
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 34 Pa. Code Chapters 401 through 405.
