Certain words and terms are used in this chapter for the purposes
thereof and are defined as follows:
A.
Unless the context clearly states an alternative or different meaning,
words used in the present tense include the future; the singular numbers
include the plural, and the plural the singular.
B.
The word "person" includes a profit or nonprofit corporation, company,
institution, partnership, or individual.
C.
The word "shall" is mandatory, and not directory; and the word "may"
is permissive.
D.
The word "Township" means Weisenberg Township, Lehigh County, Pennsylvania.
F.
Any word, term or phrase used in this chapter, but not specifically
defined herein, shall be given their normal and customary meaning
as found in the most recent edition of Webster's New Collegiate Dictionary.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate use or structure customarily incidental to
and located on the same lot occupied by the main use or building.
The term "accessory structure" includes a private garage, garden shed
or barn, a private playhouse, a private greenhouse, a private swimming
pool, and heating and power facilities serving on-site uses.
A business whose products are sold primarily to farmers.
Examples of such products include, but are not limited to, fertilizer,
seed, animal and poultry feed, farm machinery, and farm equipment.
The buildings and activities relating to the raising and
keeping of field, truck, and tree crops. For purposes of this chapter,
the term "agriculture" does not include animal husbandry.
A public or private thoroughfare with a right-of-way of 20
feet or less which affords only a secondary means of access to abutting
property and not intended for general traffic circulation.
A place of amusement, such as bowling lanes, miniature golf
courses, driving range, chip and putt, theaters, or other similar
commercial recreation establishments.
A commercially operated park with various devices for entertainment
and booths for the sale of food and drink.
The raising and keeping of any member of the animal kingdom
as a business enterprise, not including household and farm pets.
An area indoors or outdoors that preserves or protects a
living organism other than a plant or bacterium, including fish, amphibians,
reptiles, birds and mammals, excluding humans.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The Board of Supervisors of Weisenberg Township.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[1]
Buildings and land where automotive fuels, automotive parts,
and supplies are sold at retail and where repairs on small engines,
farm related machinery and other vehicles, including painting, bodywork
and fender work, are conducted within an enclosed building.
Buildings and areas for the display, sale, or rental of new
or used vehicles in operable condition. Vehicles parked outdoors shall
be screened from view by attractive landscaping.
A place where automotive fuels, oils and limited selection
of automotive accessories are sold to the public at retail.
Buildings and land areas where automotive fuels, oil, grease,
batteries, tires or automotive accessories are supplied and dispensed
at retail and where minor repairs are conducted. Uses permissible
at a service station do not include bodywork, straightening of body
parts, painting, welding, or other work involving noise, glare, fumes,
smoke, or other characteristics to an extent greater than customary.
An establishment for the custody, loan, exchange or issue
of money, for the extension of credit and for the facilitating of
the transmission of funds. This may include automatic teller machines
and drive-in window service.
A structure, other than a tower, that currently supports
or houses an antenna, transceiver, or other associated equipment that
constitutes part of a base station at the time the application is
filed, even if the structure was not built for the sole or primary
purpose of providing such support. It does not include structures
that do not, at the time of application, support or house base station
components.
Overnight accommodation and a morning meal in an owner occupied
single-family detached dwelling. The maximum number of rentable bedroom
units for guests shall be five, and no bedroom unit shall have any
kitchen facilities, but all bedroom units shall have sanitary and
bath facilities. A bedroom unit shall constitute a dwelling unit when
the lot area requirements set forth in this chapter are applied to
any single-family detached dwelling used as a bed-and-breakfast.
A tract of land or a lot or group of lots, bounded by streets,
public parks, or parkways, railroad rights-of-way, a watercourse or
body of water, subdivided land, or a boundary line or lines of the
Township.
That portion of a block which abuts a single street.
The Zoning Hearing Board of Weisenberg Township unless otherwise
stipulated or indicated by reference.
The Board of Supervisors of Weisenberg Township.
A continuous strip of land, either landscaped or green space,
clear of all buildings, structures, parking areas, outdoor storage
areas and detention ponds, or any use other than open space. A buffer
yard may include a street or driveway connecting an access point with
the interior side of a buffer yard by the most direct route, but shall
not include any recreation area or a private street or an existing
or future public street right-of-way.
A structure or object constructed on, erected on, placed
on, located on, or affixed to the ground, with a roof supported by
columns or walls. Structures divided by unpierced masonry division
walls or a state-conforming fire wall extending from the ground through
the roof shall be deemed to be separate buildings. A structure meeting
the definition of "building" shall be construed to be a building whether
or not it has been affixed to the ground by heretofore existing conventional
methods, specifically, the fact that an object or structure is located
on or placed on the ground by the use of skids or similar means shall
not exempt or exclude the structure or object from being considered
a building.
The Uniform Construction Code, contained in 34 Pa. Code,
Chapters 401 through 405, as amended from time to time.[2]
The percentage of a lot covered by building area.
The horizontal area measured around the outside of the foundation
walls and of the floors or roofed porches and roofed terraces, inclusive,
and including the area of accessory buildings, if any.
A building where pre-prepared food or nonalcoholic drinks
are prepared, served and consumed within the building. This use shall
not include musical entertainment.
A building or portion thereof used for the manual or mechanical
washing of automobiles and other similar vehicles.
A lot, parcel, tract, building or structure used for burial
of deceased humans or animals.
A building or group of buildings, including customary accessory
buildings thereto, designed, intended or used for public worship.
The term "church" shall include chapels, cathedrals, temples, mosques,
Sunday schools, synagogues and similar designations.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals (or other transmissions developed
in the future) for communications purposes.
A building or buildings used for the sheltering, feeding,
training and riding of equestrian animals and/or the sale of goods
and services related to equestrian animals carried out for profit
on the same lot as the building.
That licensed or unlicensed vehicle or trailer in excess
of 12,000 pounds gross vehicle weight, as determined by the manufacturer
or by the Commonwealth of Pennsylvania for the purpose of licensing,
whichever is the greater. This term shall not include farm related
vehicles.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A recreation or educational center open to the public and
operated by a nonprofit organization or governmental entity.
The Multi-Municipal Comprehensive Plan for The Northern Region
of Lehigh County, adopted by Weisenberg Township in October 2022,
as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any county of the second class A through eighth classes.
A building and/or land open to the public which contains
exhibits of a cultural interest, such as a museum, art gallery, nature
study area, etc.
A network of spatially or geographically separated antenna
nodes that are connected to a common source (hub) through a transport
or communication medium in order to provide wireless communication
service in a specific locality.
A state-licensed establishment for the care of children;
a facility designed, maintained and used for the limited (only during
the day) care of adults who cannot care for themselves due to age
or physical or mental disability. The term "day-care center" shall
include nursery schools.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of Lehigh County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
That platform elevated more than eight inches from grade
extending horizontally from a building or structure.
As defined in 53 P.S. § 10107(b), as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A building arranged, intended or designed to be occupied
as a residence.
MULTIPLE DWELLINGA single building or group of attached dwelling units intended and designed to be occupied by three or more families living independently of each other as separate housekeeping units.
SINGLE-FAMILY ATTACHED DWELLINGA building, commonly known as a "townhouse," designed for and occupied exclusively as a residence for only one family and having:
SINGLE-FAMILY DETACHED DWELLINGA building on a lot designed and occupied exclusively as a residence for one family and which has no part of wall in common with an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLING (TWIN)A building or structure having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A single building intended and designed to be occupied by two families living independently of each other as separate housekeeping units.
One or more rooms with provision for cooking, living, sanitary
and sleeping facilities arranged for the use of one family. The term
"dwelling unit" shall apply to commercial and industrial uses as follows:
when an on-lot sewage disposal system is utilized, a factor of 500
gallons of sewage per day per dwelling unit shall be applied for the
purpose of calculating the equivalent number of dwelling units for
a commercial or industrial use. When this calculation results in a
fractional number, then that fraction shall be construed as a full
dwelling unit.
A liberty, privilege or advantage which one has in the lands
of another for a precise and definite purpose, subordinate to but
not inconsistent with the owner's general property rights.
A public or private school, academy or college approved by
the Pennsylvania Department of Education. The term "educational institution"
shall not include nursery schools, day-care centers or Sunday schools.
Any request for modification of an existing wireless support
structure that involves:
A condition that:
One or more persons related by blood, marriage, adoption
or foster relationship, living together as a single housekeeping unit,
or a group of not more than five unrelated persons who are living
together in a single dwelling unit and maintaining a common household
with a single cooking facility. The term "family" shall not include
the occupants of a clubhouse, hotel, motel, fraternity house, dormitory,
or bed-and-breakfast facility.
Those vehicles used exclusively in the production, harvesting,
or transportation of farm products or farm animals produced, grown
or raised within the Commonwealth of Pennsylvania.
Federal Communications Commission.
An establishment, such as, but not limited to, banks and
trust companies (excluding automatic teller machines and drive-in
window service), credit agencies, investment companies, brokers and
dealers of commodities and security and commodity exchanges.
Soil types found in the latest version of the Soil Survey
of Lehigh County, Pennsylvania, prepared by the U.S. Department of
Agriculture (Natural Resources Conservation Service), dated November
1963, including all updates and revisions as being "on the floodplain"
or "subject to flooding." Floodplain soils include, but are not limited
to, alluvial land; Alton gravelly loam, flooded; Bowmansville silt
loam; Hatboro silt loam; Marsh; Pope loam; Rowland silt loam.
The gross floor area of all buildings on a lot divided by
the gross land area of the lot.
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines, and upper floors, if any.
The management of forest and timberlands when practiced in
accordance with accepted silviculturial principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A building or part thereof, approved by the State Board of
Funeral Directors, wherein a licensed funeral director conducts the
professional practice of funeral directing, including the preparation,
care and funeral services for the human dead.
Fish hatchery, fishing reserve, or similar uses designed
for the protection and propagation of wildlife.
A building or part thereof used for the storage or parking
of one or more vehicles.
An accessory garage maintained primarily for the convenience
of the occupant or occupants of the main building and in which no
business or other use is carried on and no service is rendered to
the general public.
A tract of land laid out for at least nine holes for playing
the game of golf that may include a clubhouse, pro shop, dining and
snack bars, and practice facilities.
The Board of Supervisors of Weisenberg Township.
An administrative proceeding conducted by the Zoning Hearing
Board or Board of Supervisors in accordance with the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101, et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The vertical distance derived from the average finished grade at the foundation corners of the building or structure, to the highest point of the building or structure excluding a chimney or other similar structure listed in § 500-64.
A business or office conducted in the dwelling unit by members
of the resident family, provided that not more than two persons are
employed who are not members of the family and that such persons shall
be employed in the dwelling unit only; that not more than one-half
of the area of one floor or an entire basement shall be used for such
purposes; that signs indicating products made or services rendered
shall be in accord with this chapter; that adequate space for parking
and loading shall be provided; that there shall be no change in the
outside appearance of the building or premises or other visible evidence
of the conduct of such home occupation other than a sign; and that
no machinery or equipment that would produce noise, odor, vibration,
light or electrical interference beyond the bounds of the immediate
property shall be permitted.
Any incorporated nonprofit organization operating under recorded
land agreements through which:
Each lot and/or home owner in a planned unit or other described
land area is automatically a member; and
Each lot is automatically subject to a charge for a proportionate
share of the expenses for the organization's activities, such as maintaining
a common property; and
The charge if unpaid becomes a lien against the property.
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified. A hospital shall be
deemed to include a sanatorium, convalescent home, nursing home, rest
home, personal care home or other building with an equivalent appellation.
A building or part thereof which has a common entrance, common
heating system, and general dining room, living and sleeping rooms
designed to be occupied by individuals or groups of individuals for
compensation.
Those animals that are kept for pleasure or companionship
and not for any form of financial or economic gain.
Manufacturing and/or processing of goods and/or products.
Any and all used materials or articles, regardless of value,
including but not limited to metal, motor vehicles not bearing a current
Pennsylvania State Inspection Sticker or not fit for immediate use
upon highways, roads, streets and alleys of this commonwealth, or
any parts thereof, glass, industrial waste, used building materials,
including used plumbing supplies and fixtures, rags, bottles, paper
and all other material and articles of any composition whatsoever.
All farm equipment, regardless of its condition, if situate upon a
working farm shall be specifically excluded from being classified
as junk. Refuse or garbage kept in a proper container for the purpose
of prompt disposal shall be excluded from being classified as junk.
An establishment equipped with pens, yards, runways, or other
appurtenances specifically designed or intended for the breeding or
boarding of dogs or similar animals with the intent of producing gain
or profit. Any property harboring five or more adult dogs (over six
months of age) or similar animals. Grooming of these animals is an
accessory use.
Any of the following activities:
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 residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the MPC.[3]
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.
An establishment providing washing, drying, or dry-cleaning
machines on the premises for rental use to the general public.
An off-street area used for loading and unloading of goods.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. This term includes the word "plot."
The total horizontal area included within lot lines. (Excluding
street or street right-of-way.)
The percentage of the lot area that is occupied by an impervious
area.
The street line at the front of a lot. On a lot bounded on
more than one side by a street, the owner shall specify the front
lot line on the plot plan when the initial building permit application
is submitted.
The lot line or lines opposite to the front lot line.
Any lot line not a rear lot line or a street line.
A lot at the intersection of and fronting on two or more
streets.
The level distance between the mid point of the front lot
line to the mid point of the rear lot line.
Any lot other than a corner lot.
A lot extending from one street to another.
The straight line distance between the side lot lines, measured
at the rear of the required front yard.
All uses and/or buildings shall observe the setbacks and
yard requirements along each street that the lot abuts. When more
than one street abuts the lot, the owner shall specify the front lot
line on the plot plan when the initial building permit application
is submitted.
The principal or most important use or building on a lot.
Any place or establishment where a massage is available.
A massage being construed to mean the performance of manipulative
exercises upon the human body of another by rubbing, kneading, stroking,
or tapping with the hand or hands or with any mechanical or bathing
device with or without supplementary aids, including, but not by way
of limitation, a massage school.
A building with vaults or chambers serving as a repository
for the dead.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator or assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Office or clinic for medical or dental examinations or treatment
of persons as outpatients (including laboratory incidental thereto);
establishments providing support to medical professionals and their
patients, such as medical and dental laboratories, blood banks, oxygen
and miscellaneous types of medical supplies and services.
A building, structure, lot or land area used as a private
club by a fraternal or social organization, excluding club for gunning,
trapshooting, motor vehicle racing, motorcycle competition, or other
similar purposes.
A shopping district of between 80,000 square feet and 150,000
square feet on a site of eight acres to 15 acres where tenants are
located on one or both sides of a covered walkway with direct pedestrian
access to all establishments from the walkway.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
The co-location, improvement, upgrade, expansion, removal,
or replacement of an antenna or any other transmission equipment associated
with the supporting structure.
A commercial communications facility (CCF) or site which
consists of a single-pole structure, designed and erected on the ground
or on top of a structure to support communications antennas and related
equipment.
A building, or group of buildings, whether detached or in
connected units, used as individual sleeping units, designed primarily
for transient automobile travelers, and provided with accessory off-street
parking facilities. The term "motel" includes buildings designed as
tourist courts, motor lodges, auto courts, and other similar appellations,
but shall not be construed to include mobile home parks and trailer
camps.
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[4]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
Any city of the second class A or third class, borough, incorporated
town, Township of the first class or second class, county of the second
class A through eighth class, home rule municipality, or any similar
general purpose unit of government which shall hereafter be created
by the General Assembly.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
Any equipment that facilitates the transmission for any FCC
licensed or authorized wireless commercial communications service,
including but not limited to antennas, transmitters, receivers, cabling,
power supplies, and accessory equipment associated with and necessary
for their operation. This shall not include support structures, such
as monopoles, poles, towers, etc.
A lot, parcel, tract, building, structure or part thereof
used for the raising and distribution of trees, shrubs, flowers, house
plants and other similar plants.
Use of a building or lot for a specific purpose.
A commercial establishment or use involving clerical, professional
or administrative work (one or more within the same building) which
may include the provision of customer services but not on-premise
sales of a product or merchandise, unless incidental to the primary
office use. The term "office" shall not include retail or industrial
uses.
An area used principally for active or passive recreation
and not used for a profit-making purpose.
A lot or part thereof used for the parking of motor vehicles,
with or without the payment of rent or charges in money or other consideration.
Unroofed parking areas are permissible in required front yards or
side yards abutting a street and in portions of side yards not otherwise
required for a buffer yard.
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
That unroofed platform elevated eight inches or less from
grade extending horizontally from a building or structure.
A certificate issued by a designated Township official for
the construction, reconstruction, enlargement or relocation of a structure,
building or part thereof.
A certificate issued by a designated Township official stating
that the purpose for which a building or land is to be used is in
conformity with all requirements of this chapter for the zoning district
in which the use is situate.
A use of a lot, building, structure, sign or part thereof
which is permitted as of right in a particular zoning district.
Places primarily providing services which do not involve
retail sales or professional advisory services. The term "personal
service establishment" shall include those oriented to serving personal
needs, such as barbershops and beauty shops, animal or dog grooming
business, shoe repair shops, household appliance repair shops, dry-cleaning
and laundry pickups, laundromat and other similar establishments.
An area of open space and pavilions that is not publicly
owned and which is rented for picnics and outdoor recreation.
A planning commission, planning department, or a planning
committee of the governing body.
The Planning Commission of Weisenberg Township, Lehigh County,
Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
Printing, publishing, lithography, bookbinding, and/or kindred
arts.
The building or facility operated by a governmental agency
or philanthropic organization, where administrative activities are
conducted or social or educational services are provided to the general
public. Such uses shall include, but are not limited to a municipal
building, library, volunteer fire company, emergency services building,
community center, museum or similar use/facility, excluding a school
or recreational facility.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the MPC.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[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.
Building, structures, and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves, and all building and
structures related to the furnishing of utility services, such as
electric, gas, telephone, water, sewer, and public transit, to the
public.
Any structure used for the transmission or retransmission
of a commercial radio or TV broadcast signal.
Leisure time activities of a formal nature and often performed
with others, requiring equipment and taking at prescribed places,
sites or fields.
Activities that involve relatively inactive or less energetic
activities such as walking, sitting, picnicking, nature walks and
observation.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure time
or recreational use. Recreational vehicles include travel trailers,
truck-mounted campers, motor homes, folding tent campers and automobiles,
buses or trucks adapted for vacation use, snowmobiles, minibikes,
all-terrain vehicles, go-carts, boat trailers, and other vehicles
not suitable for daily conventional family transportation on public
streets.
The replacement of nontower commercial communications facilities
or transmission equipment on an existing wireless support structure
or within an existing equipment compound due to maintenance, repair
or technological advancement with equipment composed of the same wind
loading and structural loading that is substantially similar in size,
weight, and height as the commercial communications facility initially
installed and that does not substantially change the physical dimensions
of the existing wireless support structure.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request
and copies thereof shall be provided at cost of reproduction.
A building in which food is prepared and served to the public
for consumption within the building. The sale of alcoholic beverages
may also occur.
A building or structure devoted to the sale of commodities
in smaller quantities to the ultimate consumer. The term "retail store"
shall not include the term "retail building materials and storage
area."
Land set aside or designated for public or private streets,
roadways, sidewalks, curbs and the installation of public utilities.
The term "right-of-way" shall include the ultimate or future right-of-way.
An open or enclosed stand situated along the roadway for
the purpose of selling agricultural or horticultural products produced
on the premises.
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.
A building or group of buildings divided into individual
separate access units which are rented or leased to the general public
for the storage of personal property.
A sewage system, publicly or privately owned, in which sewage
is collected from two or more lots or two or more dwelling units to
a central treatment plant with a disposal other than renovation in
a subsurface soil absorption area. The design shall be in compliance
with Pennsylvania Department of Environmental Protection's rules and
regulations or regulations of the Township, whichever is more stringent.
Any structure, publicly or privately owned, designed for
the collection of sewage from one or more lots or one or more dwelling
units with a disposal into a subsurface soil absorption area. The
design shall be in accordance with Pennsylvania Department of Environmental
Protection's rules and regulations or regulations of the Township,
whichever is more stringent.
Any device designed to inform or attract attention of persons
not on the premises on which the sign is located. For purposes of
this chapter, "sign" does not include mailboxes, names of occupants,
or other identifications not having commercial connotations; flags
and insignias of governments; legal notices, signs giving direction
or information required by governmental bodies; or signs directing
or guiding traffic and parking without the use of advertising matter.
A sign which directs attention to products, accommodations,
services, or activities offered at locations other than the property
upon which the sign is erected or displayed. For the purpose of this
chapter, a commercial billboard is an advertising sign.
A sign relating in its subject matter to the premises on
which it is located or to products, accommodations, services, or activities
on the premises.
For the purpose of determining number of signs, a sign shall
be considered as a single display surface or device containing elements
organized, related, and composed to form a unit. Where matter is displayed
in a random manner without organized relationship or elements, each
element shall be considered as a single sign. The surface area of
a sign shall be computed to include the entire area within a regular
geometric form or combinations of regular geometric forms comprising
all of the display area of the sign and including all of the elements
of the matter displayed. Structural members not bearing advertising
matter shall not be included in computation of surface area.
Any radiant energy from the sun.
Any solar energy system which exists solely to generate energy
for sale back into the energy grid system rather than being consumed
on site.
Any solar collector or other solar energy device or any structural
design feature whose primary purpose is to provide for the collection,
storage and distribution of solar energy for space heating or cooling,
for water heating or for electricity, that may be mounted on a building
or on the ground use of the lot.
Any waste, including, but not limited to, municipal, residual
or hazardous waste, including solid, liquid, semisolid or contained
gaseous materials. The term "solid waste" does not include coal ash
or drill cuttings.
A lot, parcel or tract of land, including but not limited
to a sanitary landfill, where garbage, trash or junk is disposed of
or is processed or recycled for disposal or reuse. Such use shall
not include the disposal or processing of hazardous or radioactive
materials.
A place where solid waste is brought, sorted, stored for
less than four days and transferred from one vehicle to another vehicle
or to a railcar for the purpose of transport to a solid waste disposal
area or facility. Such use shall not include the transfer or processing
of hazardous or radioactive materials.
Includes any street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
The dividing line between a lot and the outside boundary
of a public street or street right-of-way or between a lot and a private
street which serves two or more separately owned homes or buildings.
Any man-made object having an ascertainable stationary location
on or in land or water attached or affixed or located on the ground
or in water or attached to something located on or in the ground or
water.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The modifications or proposed modifications to the physical
dimensions of a tower, tower-based CCF, or base station that meet
any of the following criteria:
Towers outside rights-of-way:
It increases the height of the tower by more than 10 feet or
10%, whichever is greater.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It protrudes from the edge of the tower more than 20 feet or
more than the width of the tower structure at the level of the appurtenance,
whichever is greater.
Towers inside rights-of-way:
It increases the height of the tower by more than 10 feet or
10%, whichever is greater.
It protrudes from the edge of the tower more than six feet.
It includes the installation of any new equipment cabinets on
the ground if there are no preexisting ground cabinet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It includes the installation of ground cabinets that are more
than 10% larger in height or overall volume than any other ground
cabinets.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Base stations (regardless of location):
It increases the height of the structure by more than 10 feet
or 10%, whichever is greater.
It protrudes from the edge of the structure more than six feet.
It includes the installation of any new equipment cabinets on
the ground if there are no preexisting ground cabinets.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It includes the installation of ground cabinets that are more
than 10% larger in height or overall volume than any other ground
cabinets.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It involves the installation of more than the standard number
of new equipment cabinets for technology involved, but not to exceed
four cabinets;
It entails the excavation or deployment outside the current
site of the tower, wireless support structure, or base station;
It would defeat the existing concealment elements of the tower,
wireless support structure, or base station.
It does not comply with the conditions associated with the prior
approval of the tower, wireless support structure, or base station
unless the noncompliance is due to an increase in height, increase
in width, addition of cabinets, or new excavation that does not exceed
the corresponding substantial change thresholds.
Where, in the judgment of the municipal engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the MPC[8]) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
Any artificially constructed body of water and any lake or
pond maintained by an individual for bathing by the members of the
household and guests located on a lot as an accessory use to the residence.
A swimming pool shall be any structure intended for swimming or recreational
bathing that contains water over 24 inches deep. This includes in-ground,
aboveground, and on-ground swimming pools, hot tubs, and spas.
Any body of water maintained for the use of an association
of members and guests or the general public either for a fee or without
cost. A swimming pool shall be any structure intended for swimming
or recreational bathing that contains water over 24 inches deep. This
includes in-ground, aboveground, on ground swimming pools, hot tubs
and spas.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade. The sale of food may also
occur.
A mobile home or a freestanding small removable manufactured or constructed house temporarily installed on the same lot as the owner's primary residence for the purpose of housing elderly parents or grandparents of the lot owner, as regulated by Chapter 176, Accessory Housing Structures.
See "tower-based commercial communications."
Any structure that is built and used for the sole or primary
purpose of supporting one or more FCC licensed or authorized antennas
and their associated facilities. DAS hub facilities are considered
to be tower-based CCFs.
Weisenberg Township, Lehigh County, PA.
See "nontower commercial communications facility."
Includes the phrases "arranged," "designed" and "intended
to be used" and shall mean a specific purpose for which land, buildings
or structures are designed, arranged, intended, occupied or maintained,
or any activity, occupation, business or operation which may be conducted
at a given location.
A building, group of buildings, or parcel of land, under
single ownership or agreement which provides combined facilities for
lodging, a restaurant, entertainment, outdoor and indoor recreation
and leisure time enjoyment of the vacationing public.
Any building used by a veterinarian for the treatment of
small domestic animals such as dogs, cats, goats, rabbits, and birds
or fowl with limited interior boarding required due to the medical
treatment. All boarding facilities are to be housed indoors and adequately
soundproofed so that sounds generated within the building cannot be
heard at the lot lines. Such use shall not be construed as a home
occupation under the definition of terms of this chapter.
A structure or area where materials or products are stored.
Materials or products stored outdoors shall be screened from view.
A system for supplying and distributing water from a common
source to two or more lots or two or more dwelling units, including
accessory structures, and operated by a governmental agency, governmental
authority, public utility company, or a developer. The design shall
be in compliance with Pennsylvania Department of Environmental Protection's
rules and regulations or regulations of the Township, whichever is
more stringent.
A system for supplying water to a single dwelling unit including
an accessory structure from a source located on the same lot. The
design shall be in accordance with Pennsylvania Department of Environmental
Protection's rules and regulations or regulations of the Township,
whichever is more stringent.
A structure or area where merchandise is displayed for wholesale
trade. Merchandise stored outdoors shall be screened from view.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
Wireless telecommunications services, such as, but not limited
to, paging, cellular phones, internet, and other satellite telecommunications,
which are generally operated by a service provider for commercial
use. This excludes cable television services utilizing satellite delivery.
A freestanding structure, such as a tower-based CCF, monopole,
tower, base station or any other support structure that could support
the placement or installation of a commercial communications facility
if approved by the Township.
A space on the same lot with a building, situated between
the front foundation or support pillar of the main building and the
front lot line of the lot and extending from side lot line to side
lot line.
A space on the same lot with a building situated between
the rear foundation or support pillar of the main building and the
rear lot line of the lot and extending from side lot line to side
lot line.
A space on the same lot with a building, situated between
the side foundation or support pillar of the main building and the
side lot line of the lot, and extending through from the front yard
or from the front lot line where no front yard exists, to the rear
yard, or to the rear lot line where no rear yard exists.
A space on the same lot with a building situated between
the side foundation or support pillar of the main building and the
street line extending from the front yard to the rear lot line.
The Official Zoning Map of Weisenberg Township.
The duly constituted municipal official designated to administer
and enforce this chapter of the Township Code.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
[4]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed by Act 22 of 2001 (P.L. 287, No. 22). See now the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
[5]
Editor's Note: See 53 P.S. § 10401 et seq.
[6]
Editor's Note: The Sunshine Act of 1986 was repealed by Act
93 of 1998 (P.L. 729, No. 93). See now the Sunshine Act, 65 Pa.C.S.A.
§ 701 et seq.
[7]
Editor's Note: See 53 P.S. § 10601 et seq., and
§ 10901 et seq., respectively.
[8]
Editor's Note: See 53 P.S. § 10509.
[9]
Editor's Note: See 53 P.S. § 10601 et seq., and
§ 10901 et seq., respectively.
