Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
in this article. The present tense includes the future; the singular
includes the plural, and the plural the singular; the word "building"
includes the word "structure" and shall be construed as if followed
by the words "or part thereof"; the word "occupy" includes the words
"designed or intended to be occupied"; the word "use" includes the
words "arranged, designed or intended to be used," and the word "shall"
is always intended to be mandatory when capable of such interpretation.
100-YEAR FLOOD
A flood that has one chance in 100 years or a 1% chance of
being equaled or exceeded in any given year. For the purposes of this
chapter, the 100-year flood (base flood) as defined by the Federal
Insurance Administration, Federal Emergency Management Agency, in
the Flood Insurance Study, the Borough of Trappe.
ACADEMIC CLINICAL RESEARCH CENTER
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.
ACCESSORY APARTMENT
A self-contained residential dwelling unit resulting from
the conversion of an existing single-family detached dwelling into
two units. The accessory unit is complete with kitchen and bath facilities,
has direct access to the outdoors, and is physically subordinate to
the primary unit that exists in the dwelling. When built as an addition,
the unit must include at least one structural wall in common with
the single-family dwelling.
ACCESSORY BUILDING OR USE
A subordinate use or building customarily incidental to and
located on the same lot occupied by the main use or building. The
term "accessory building" may include a private garage, garden shed
or barn, private playhouse, private greenhouse, guesthouse, caretaker's
cottage, or servants' quarters, as hereinafter provided. An outdoor
private swimming pool is an accessory use but not an accessory building.
Where any part of the wall of an accessory building is part of the
wall of a main building, or where the accessory building is attached
to the main building by a roof, including carports however covered,
such accessory building shall be deemed part of the main building.
Unless specifically allowed otherwise by this chapter, a detached
building that is accessory to a dwelling shall not include cooking
facilities, a shower or a bath tub, and shall not be used for overnight
sleeping purposes.
AGE-RESTRICTED HOUSING (AGE-QUALIFIED HOUSING)
Dwelling units arranged and constructed to serve the needs
or older persons who prefer an independent residential environment.
Age-restricted housing shall comply with applicable regulations of
the Federal Fair Housing Act, as amended.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
AGRICULTURE
The cultivating of the soil, and the raising and harvesting
of products of the soil, including, but not by limitation, nursery
horticulture and forestry.
ALTERATION
An alteration, as applied to a building, is any change, rearrangement
in the structural parts, or any enlargement, whether by extending
on any side or by increasing in height, or adapting in any way to
a different use, or moving from one location or position to another,
or in the case of a nonconforming use, any structural change which
would prolong the life of such use.
ANIMAL
All non-human vertebrate and invertebrate species, whether
wild or domestic, commonly considered to be part of the animal kingdom.
ANIMAL HUSBANDRY
The raising and keeping of livestock and poultry not classified
as intensive agriculture.
ANIMAL, WILD OR EXOTIC
Any animal of a species prohibited by Title 50 of the Code
of Federal Regulations or otherwise as controlled by the Commonwealth
of Pennsylvania. It shall include any animal which is wild, fierce,
dangerous, noxious, or naturally inclined to do harm. Wild animals,
however domesticated, shall also include but not limited to:
A.
Amphibians: all venomous frogs, toads, turtles, etc.;
B.
Bear (Ursidae): all bears, including grizzly bears, brown bears,
black bears, etc.;
C.
Cat Family (Felidae): all except commonly accepted domestic
cats; including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, bobcats, wild cats, etc.;
D.
Crocodilians: all alligators, caimans, crocodiles, gavials,
etc.;
E.
Dog family (Canidae): all except domesticated dogs; including
wolf, fox, coyote, dingo or offspring of domesticated dogs bred with
a wolf, fox, coyote, dingo, etc.;
F.
Mongooses (Feliformia): mongooses, civets, etc.;
G.
Pig: all wild or domestic swine, etc., excluding certified Vietnamese
potbellied pigs;
H.
Porcupine (Erethizontidae): all porcupines, etc.;
I.
Primates (Hominidae): all subhuman primates, etc.;
J.
Raccoons (Procyonidae): all raccoons, etc.;
K.
Reptiles: all venomous or constricting snakes; venomous lizards,
etc.;
L.
Venomous invertebrates: all venomous spiders, scorpions, etc.;
M.
Weasels (Mustelidae): all including weasels, martens, mink,
wolverine, ferrets, badgers, otters, ermine, etc., excluding domesticated
ferrets.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building, or structure, and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals, or other communication signals. Such devices shall not be
deemed to be a public utility or public use.
ARCADE
A place of business where three or more coin-operated video
game machines are located.
ARTISTIC DISPLAY
A work of art sited within view from the public right-of-way.
This can include murals, outdoor sculptures, or infrastructure, such
as fixtures or furniture, and other functional elements designed and/or
built for artistic purposes.
BANQUET HALL
A building which is rented by individuals or groups to accommodate
private functions including but not limited to banquets, weddings,
anniversaries and other similar celebrations. Such use may or may
not include kitchen facilities for the preparation or catering of
food, and the sale of alcoholic beverages for on-premises consumption
only during scheduled events and not open to the general public.
BASE FLOOD
The flood that has been selected to serve as the basis upon
which the floodplain management provisions of this chapter and other
ordinances have been prepared; for purposes of this chapter, the 100-year
flood, as referenced in the current Flood Insurance Study, Borough
of Trappe, prepared by the Federal Insurance Administration, Federal
Emergency Management Agency.
BASE FLOOD ELEVATION
The 100-year flood elevation, as referenced in the Flood
Insurance Study, Borough of Trappe, prepared by the Federal Insurance
Administration, Federal Emergency Management Agency. Within the approximated
floodplain, alluvial soils; floodplain, or areas to be determined
as floodplain as documented by the Borough Engineer, the 100-year
flood elevation shall be established as a point on the boundary of
the approximated floodplain nearest to the construction site in question.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BETTING PARLOR
A building where lawful gambling activities are conducted,
including but not limited to off-track parimutual betting. This term
shall not include betting under the state lottery programs or betting
under the "Small Games of Chance" provisions of state law, which shall
instead be regulated under the regulations applicable to the principal
use of the property.
BILLBOARD
A type of off-premises sign that has a sign area of greater
than 10 square feet.
BOARDINGHOUSE
A building or part thereof designed for and occupied as a
residence containing one or more rooming units, whether or not meals
are furnished to lodgers and in which no transients are accommodated,
and no public restaurant is maintained. A school or college dormitory,
fraternity or sorority house, and other similar uses are not deemed
a boardinghouse or rooming house.
BODY ART ESTABLISHMENT
Any establishment that uses any method of placing ink or
pigment into or under the skin or mucosa by the aid of needles or
any other instrument used to puncture the skin, resulting in permanent
coloration of the skin or mucosa. This includes all forms of cosmetic
tattooing.
BODY PIERCING
The means of puncturing or penetrating a person's skin
with presterilized single-use needles and the insertion of presterilized
jewelry or other adornment thereto in the opening, except that puncturing
the outer perimeter or lobe of the ear with a presterilized single-use
stud-and-clasp ear-piercing system shall not be included in this definition.
BRING-YOUR-OWN-BOTTLE ESTABLISHMENT (BYOB)
A place of assembly or any other use defined in this chapter,
other than a dwelling unit, including but not limited to restaurants,
taverns, clubs and social buildings, that is not licensed by the Pennsylvania
Liquor Control Board, in which no intoxicating beverages are sold,
but where patrons are permitted to bring intoxicating beverages upon
the premises for their own use and consumption only.
BUILDING
Any structure, whether built conventionally or in a manner
generally referred to as a "mobile" or "modular" home having enclosing
walls and roof, permanently affixed to the land.
BUILDING AREA
The ratio of the total ground floor area of all buildings
on a lot to the total area of the lot on which they are located.
BUILDING LINE
The line which establishes the minimum depth of front yard
for the particular district as measured from the ultimate right-of-way.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
CAREGIVER
The individual designated by a patient to deliver medical
care, including marijuana.
CATERING ESTABLISHMENT
A person or business that prepares and provides food, beverages,
or both, along with the necessary accessories for serving these products,
for consumption. The food and beverages are provided for events that
are located off the business establishment's premises.
CEMETERY
Land used for burial of dead bodies or cremated remains.
CHECK CASHING ESTABLISHMENT
A use engaged primarily in the cashing of checks by individuals
or the deferred deposit of personal checks whereby the check casher
refrains from depositing a personal check written by a customer until
a specific date; or the offering of a loan until a paycheck would
be received by the person receiving the loan. This term shall not
include a state- of federally chartered bank, savings association,
credit union, or industrial loan association, or a retail store engaged
primarily in selling or leasing items to retail customers and that
cashes a check for a fee not routinely exceeding 1% of the check amount
as a service to its customers incidental to the retail store principal
use.
CHILD CARE
Care given to four or more children under 16 years of age,
away from the child's own home, given for part of a twenty-four-hour
day, on a regular basis. Child care does not include care furnished
in churches during religious services, care in public or private elementary
junior high or high schools before, during or after hours of instruction,
nursery schools, or care given by relatives.
CHILD CARE CENTER
A facility, other than a dwelling unit, in which child care
is provided for seven or more children at any one time. A child care
center may be a customarily incidental accessory use to a place of
employment, such as an office or manufacturing use, if care is primarily
given to children of employees of the principal use.
CLUB or LODGE
A voluntary, nonprofit, incorporated or unincorporated association
for the purpose of a social, literary or political nature.
CLUSTER DEVELOPMENT
An area of land to be developed as a single entity for a
number of single-family detached dwellings in compliance with the
cluster regulations of this chapter.
COLLEGE (UNIVERSITY)
A post-secondary educational institution authorized by the
State of Pennsylvania to award associate, baccalaureate or higher
degrees.
COMMUNICATIONS ANTENNA
Any structure that is constructed for the primary purpose
of supporting one or more communications antennas, including, but
not limited to, self-supporting lattice towers, guy towers and monopoles.
Distributed antenna system hub facilities are considered to be telecommunications
towers.
COMMUNICATIONS FACILITY, WIRELESS
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
COMPREHENSIVE PLAN
Maps, charts, descriptive matter officially adopted by the
Borough showing, among other things, recommendations for the most
appropriate use of land; for the most desirable density of population;
for a system of thoroughfares, parkways and recreation areas; for
the general location and extent of facilities for water, sewer, light
and power; for the general location, character and extent of community
facilities.
CONCENTRATED ANIMAL FEEDING OPERATIONS
An agricultural operation where the animal density exceeds
two Animal Equivalent Units (1,000 pounds live weight, such as 1,000
head of beef cattle, 700 dairy cows, 2,500 swine weighing more than
55 pounds, 125 thousand broiler chickens, or 82 thousand laying hens
or pullets) per acre on an annualized basis.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions of Article
VI of the Pennsylvania Municipalities Planning Code.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure including
the placement of a mobile home.
CREMATORIUM
A location containing properly installed, certified apparatus
intended for the use in and the act of cremation.
DEVELOPABLE ACRE
A developable acre consists of all land whose dimensions
calculate to the square footage of an acre but in making such calculation,
such land as is located within existing road ultimate rights-of-way,
noncontiguous land; 100% of floodplain, wetlands, ponds and lakes;
50% of slopes from 15% to 25%, 85% of slopes over 25% and 50% of existing
utility rights-of-way shall be excluded in the calculation of the
developable acre.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or the storage of equipment or materials.
DORMITORY
A building or portion thereof which contains living quarters
for five or more students, staff or members of a college, university,
primary or secondary boarding school, theological school, hospital,
religious order or comparable organization, provided that such building
is either owned or managed by such organization.
DRIVE-THROUGH USE
A use which provides for some or all customers to receive
services, obtain food or other goods, or be entertained while remaining
in their motor vehicles.
DWELLING
A building designed for and occupied exclusively for residential
purposes, excluding hotel, rooming house, tourist home, institutional
home, residential club, motor court and the like.
DWELLING UNIT
A building or portion thereof providing complete housing
facilities for one family.
DWELLING, COMBINATION USE
A dwelling in combination with an existing or proposed nonresidential
use within the same building (live/work).
DWELLING, MULTIPLE
A building, not a single-family dwelling nor a two-family
dwelling, designed for and occupied exclusively for dwelling purposes
by three or more families living independently of one another, not
a row house, but customarily called an "apartment house."
DWELLING, SINGLE-FAMILY ATTACHED
A dwelling unit having its own independent outside access
and having party walls in common with at least one other unit and
located in a building comprised of at least three dwelling units.
This dwelling type shall include, but not be limited to, dwelling
units commonly known as "townhouses," "row houses," "triplexes," "quadruplexes,"
and "multiplexes."
DWELLING, TOWNHOUSE
A set of three or more attached dwelling units which are
completely separated from each other by one or two vertical party
walls, where each dwelling unit has its own entrance/exit to the outside.
ELECTRIC VEHICLE CHARGING STATION
A public or private parking space that is served by battery
charging station equipment for the purpose of transferring electric
energy to a battery or other storage device in an electric vehicle.
EMERGENCY SERVICES
Fire, ambulance, rescue, and other emergency services of
a municipal or volunteer nature.
EXERCISE CLUB
A facility that offers indoor or outdoor recreational facilities,
such as the following: weight rooms, personal exercise and gymnastic
equipment, aerobic, dance, or yoga rooms, nonhousehold swimming pools,
racquetball, squash, basketball and tennis courts and training for
these activities.
FAMILY
Any number of individuals living and eating together as a
single nonprofit housekeeping unit, provided that not more than three
of such number are unrelated. "Family" does not, in any case, include
occupants of a club, fraternity house, lodge, residential club, rooming
house, nursing home, halfway house, hospital, sanitarium, or charitable
or public residential institution.
FAMILY CHILD CARE HOME
A dwelling unit in which child care is provided simultaneously
for four to six children who are not relatives of the caregiver, where
the primary use of the child care areas is as a residence.
FIRING RANGE
A parcel of land used for the purpose of discharging firearms
at fixed and/or moving targets or flying targets.
FLOOD
A temporary condition of partial or complete inundation of
normally dry land areas.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduces or eliminates
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineer, U.S. Army, publication number EP 1165 2 314 (June 1972,
and as subsequently amended). Floodproofing measures for all new construction
and substantial improvements of structures shall satisfy the requirements
of the completely dry spaces (W1) and essentially dry spaces (W2)
classes referenced in these regulations. In said publication, where
reference is made to "below" (or above) the "BFD" (base flood datum),
it shall be interpreted as meaning below, (or above) the base flood
elevation. Said regulations are contained in the Building Code of
the Borough of Trappe, as amended.
FLOODPLAIN
That area defined in Article
XX, Floodplain Conservation District, as the Floodplain Conservation District; the "floodplain" definition contained therein shall be considered the definition for "floodplain" for all purposes and uses of this chapter.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
harvesting, transporting and selling trees for commercial purposes,
which does not involve any land development.
FRATERNITY OR SORORITY HOUSE
A building designed or arranged for occupancy by an incorporated
nonprofit organization of full-time students of an accredited college
or university.
FUNERAL HOME
A building or part thereof for funeral services. Such building
may contain space and facilities for a) embalming and the performance
of other services used in the preparation of the dead for burial;
b) the performance of autopsies and other surgical procedures; c)
the storage of caskets, funeral urns, and other related funeral supplies;
d) the storage of funeral vehicles; and e) facilities for cremation.
GARAGE
An accessory building or a part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and for the storage of not more than three motor
vehicles owned and used by persons other than the owner or tenant
of the premises. Not more than one commercial vehicle or truck may
be stored in a private garage. For the purposes of this section, a
boat shall be considered a motor vehicle.
GARAGE, PRIVATE
A garage accessory to a principal building, either attached
to said principal building or as a separate accessory use, used for
the storage of motor vehicles owned and used by the tenant of the
premises.
GARAGE, PUBLIC
A building, other than a private or storage garage, one or
more stories in height, used solely for the commercial storage, service
or repair of motor vehicles.
GARAGE, STORAGE
A building, not a private or public garage, one story in
height, used solely for the storage of motor vehicles (other than
trucks) but not for the service or repair thereof, nor for the sale
of fuel, accessories or supplies.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of gasoline or other motor
vehicle fuel or accessories, and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
which shall not include painting or body and fender repairs or storage
of motor vehicles thereon.
GEOTHERMAL SYSTEM
An energy system that uses a heat pump to extract heat from
the earth in heating mode and/or reject heat into the earth in cooling
mode. It is also called a "geothermal heat pump system," a "ground-coupled
heat pump system," an "earth-source heat pump system," and a "GeoExchange
system."
GROUP CHILD CARE HOME
A dwelling unit in which child care is provided simultaneously
for seven to 12 children who are not relatives of the caregiver, where
the primary use of the child care areas is as a residence.
HEIGHT OF BUILDING
A building's vertical measurement from the mean level
of the ground surrounding the building to a point midway between the
highest and lowest points of the roof.
HELIPORT
An area that is used for the landing and taking off of helicopters,
and includes some or all of the auxiliary facilities useful to helicopter
operations, such as helicopter parking, fueling and maintenance equipment.
HISTORIC STRUCTURE (RESOURCE)
A structure that is:
A.
Listed individually in the National or Pennsylvania Registers
of Historic Places or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on
the National Register; or
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district; or
C.
Individually listed on an inventory of historic places, program,
or Historic Preservation Plan on file with the Borough.
HOME-BASED BUSINESS, NO-IMPACT
A business or commercial activity administered or conducted
incidental and secondary to the use of a residential dwelling, and
whereas there shall be a maximum of two accessory uses within any
one dwelling, and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal function
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity shall:
A.
Be compatible with the residential use of the property and surrounding
residential uses.
B.
Employ no employees other than family members residing in the
dwelling.
C.
Present no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
Present no outside appearance of a business use, including but
not limited to parking, signs or lights.
E.
Not use any equipment or process that creates noise, vibration,
glare, fumes, odors or electrical or electronic interference, including
interference with radio or television reception, which is detectable
in the neighborhood.
F.
Not generate any solid waste or sewage discharge, in volume
or type, not normally associated with residential use in the neighborhood.
G.
Be conducted only within the dwelling and shall not occupy more
than 25% of the habitable floor area.
H.
Not involve any illegal activity.
HOME OCCUPATION
An activity, intended to be financially gainful, conducted
within a dwelling unit incidental and secondary to the use of a residential
dwelling, and whereas there shall be a maximum of two accessory uses
within any one dwelling unit. Unlike a no-impact home-based business,
home occupations provide opportunity for on-site customers and, therefore,
also permit restricted signage opportunity.
HOTEL
A building used for the purpose of furnishing for compensation
more or less temporary lodging to the public, with or without meals,
and having lodging accommodations for 10 or more persons.
INSTITUTION OR RESIDENCE FOR CHILDREN, THE AGED, OR THE HANDICAPPED
A group residential facility that provides supportive services
and treatment as well as residence of more than 12 unrelated persons,
including but not limited to children, juvenile delinquents, the mentally
or physically handicapped and elderly, but not including drug and
alcohol treatment or rehabilitation facilities or adult pre-release
correctional facilities such as work release, halfway houses or similar
uses.
JUNKYARD OR SCRAP YARD
Any area and/or structure used or intended to be used for
the conduction and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disable furniture, vehicles or equipment of any kind. Such
operation may include the dismantling or disassembling of used motor
vehicles or trailers, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
KENNEL OR STABLE
A building, including a dwelling unit, in which more than
six dogs or domesticated animals more than four months old are housed,
bred, boarded, or trained, including but not limited to dog and cat
kennels, horse stables, or riding academies. This term shall not include
the routine keeping of animals within a veterinary office while undergoing
recuperation.
LIBRARY (and CULTURAL EXHIBITS)
A building containing a museum-like preservation and exhibition
of objects in one or more of the arts and sciences, gallery exhibition
of works of art, or collection of books, manuscripts, and similar
materials for study and reading.
LOADING SPACE
A space, accessible from a street but not including any portion
of the public right-of-way, in a building or on a lot, for the temporary
use of vehicles, while loading or unloading merchandise or materials.
LOT
A parcel of land which is occupied or is to be occupied by
one principal building or other structure or use, together with any
accessory building or structures or uses customarily incidental to
such principal building or other structure or use, and any such open
spaces as are arranged or designed to be used in connection with such
principal building or other structure or use, such open spaces and
the area and dimensions of such lot being not less than the minimum
required by this chapter.
LOT AREA
The total horizontal area of the lot lying within the lot
lines, provided that no area of land lying within any street line
shall be deemed a portion of any lot area; the area of any lot abutting
a street shall be measured to the ultimate right-of-way.
LOT LINE
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street,
the lot line for such portion of the lot as abuts the street shall
be deemed to be the same as the street line, and shall not be the
center line of the street, or any other line within the street line,
even though such may be the property boundary line.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than basement
area is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
LUMBER YARD
A use where lumber products are sold, manufactured, or stored.
MANUFACTURING
The treatment or processing of raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
MASSAGE ESTABLISHMENT
Any business or establishment where a massage is available,
including, without limitation, a massage school, but excluding a hospital,
nursing home, medical clinic, the office of a duly licensed physician,
surgeon, physical therapist, chiropractor or osteopath, or a barbershop
or beauty salon in which a massage is administered only to the scalp,
face, neck or shoulders.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania.
MEDICAL MARIJUANA CLINICAL REGISTRANT
An entity that:
A.
Holds a permit both as a grower/processor and a dispensary;
and
B.
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the Commonwealth
to dispense medical marijuana.
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
MEDICAL OFFICE/CLINIC
A building used exclusively by physicians and dentists for
treatment and examination of patients, provided that no overnight
patients shall be kept on the premises.
MEDICAL USE, CERTIFIED
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation, or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's medical condition,
as authorized by certification by the Commonwealth.
MINING/QUARRYING
The extraction of mineral or aggregate resources from the
ground for off-site use. Examples include quarrying or dredging for
sand, gravel or other aggregate materials; and mining.
MOBILE HOME
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 until 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.
It is also called a "manufactured home."
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MOTOR COURT or MOTEL
A building or a group of two or more detached or semidetached
buildings, containing rooms or apartments having separate ground floor
entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
the provision of sleeping accommodations for automobile travelers
and is suitable for occupancy at all seasons of the year.
MOVING AND STORAGE FACILITIES
Uses engaged in the moving of household or office furniture,
appliances, and equipment from one location to another, including
the temporary storage of those same items. Typical uses include moving
companies and self-service and mini-storage warehouses.
NEW CONSTRUCTION
Structures for which the start of construction, as herein
defined, commenced on or after May 5, 1975, and includes any subsequent
improvements to such structures.
NEW STRUCTURE
Structures for which the "start of construction" as herein
defined commenced on or after May 5, 1975, and includes any subsequent
improvements to such structures.
NIGHTCLUB
A use that meets all of the following standards:
A.
Offers amplified music after 12:00 midnight;
B.
Sells alcoholic beverage primarily for on-site consumptions;
C.
Includes hours open to patrons after 12:00 midnight;
D.
Has a building capacity of over 150 persons; and
E.
Has less than 20% of its total sales in food and nonalcoholic
beverages.
NONCONFORMING
A building or other structure, use or lot which, by reason
of design, size or use, does not conform with the requirements of
the district or districts in which it is located.
NURSERY/GREENHOUSE
The raising of trees for transplanting, ornamentals, shrubs,
flowers or houseplants for any commercial purpose.
OUTDOOR STORAGE
The storage of goods, products, materials, vehicles not is
service, equipment and similar items in an unenclosed area for preservation,
later use, or disposal. For purposes of this chapter, this definition
does not include the storage of trucks and/or trailers unless as accessory
to another permitted principal use.
PARKING SPACE
A reasonably level space, available for the parking of one
motor vehicle, not less than 10 feet wide and having an area of not
less than 200 square feet exclusive of passageways, driveways or other
means of circulation or access.
PARKING SPACE, ALL-WEATHER
The parking space shall be constructed in accordance with the provisions of Chapter
295, Subdivision and Land Development.
PAVING
All areas provided for use by vehicles and/or pedestrian walkways shall be constructed in accordance with the pertinent provisions within Chapter
295, Subdivision and Land Development.
PAWN SHOP
An establishment engaged in retail sales of secondhand merchandise
and that offers personal loans secured by consumer good, jewelry and
other personal property held by the pawn shop.
PERFORMANCE STANDARDS
Measures and standards by which the suitability of a proposed
use can be measured by the extent of its external effect.
PET, NONSTANDARD
A domesticated animal kept for companionship. This shall
not include animals raised or kept for agricultural or farming purposes,
venomous or poisonous animals, wild or exotic animals, feral animals,
and wild/domestic animal hybrids.
PET, STANDARD
A domesticated animal kept for companionship, specifically
dogs, cats, ferrets, Vietnamese potbellied pigs, and rabbits.
PHARMACY
An establishment where prescription medicines and drugs are
compounded and/or dispensed and where a variety of over-the-counter
medications, cosmetics, and other miscellaneous merchandise may be
sold.
PRINTING/PUBLISHING
An establishment engaged in printing by letterpress, lithography,
gravure, screen, offset, or electrostatic (xerographic) copying, and
other establishments serving the printing trade including bookbinding,
typesetting, engraving, photo engraving, and electrotyping. This use
also includes establishments that publish newspapers, book and periodicals.
This use does not include "quick printing" services.
PUBLIC UTILITIES FACILITY
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio-telephone, gas, power, sewer and
water facilities, provided that:
A.
In a residential district, these facilities shall not include
public business facilities, storage of materials, trucks, or repair
facilities or housing of repair crews; and
B.
A public utility facility shall be only limited to such facility
as used, provided and controlled by a governmental agency or entity
or by a publicly held utility under the jurisdiction of the Public
Utility Commission or such other comparable agency.
PUBLIC UTILITY
A company or entity regulated by the Pennsylvania Public
Utility Commission or the Joint Public Works Department of the Boroughs
of Collegeville and Trappe or the Collegeville-Trappe Municipal Authority.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Three hundred seventy-five square feet or less when measured
at the largest horizontal projection;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck;
D.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
RECYCLING PROCESSING CENTER
A use involving the bulk separation and/or processing of
types of waste materials found in the typical household for some productive
reuse, but which does not involve highly hazardous or toxic substances,
incineration, putrescent waste or a junkyard. Waste materials shall
be stored only for the short term and shall be transported from the
site on a regular basis.
REGISTRY
The registry established by the DOH for all medical marijuana
organizations and practitioners.
RESEARCH FACILITY
A building or group of buildings containing facilities for
scientific research, investigation, testing or experimentation, but
not facilities for the manufacture or sale of products.
RESIDENTIAL CONVERSION
To increase the number of dwelling units within an existing
residential or mixed-use building consisting of three or fewer dwelling
units.
SATELLITE DISH ANTENNA
A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as "microwave antennas,"
"satellite earth stations," and "television reception only (TRVO)
antennas."
SCHOOL, VOCATIONAL OR TRADE
Any secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a trade meeting the
state requirements as a vocational facility.
SHELTER, COMMUNITY
A residence providing food, shelter, medical care, legal
assistance, job training, and/or other services to persons who temporarily
require shelter and assistance in order to protect their physical
or psychological welfare. Such shelter shall not include housing for
treatment of drug or alcohol addiction or correctional facilities.
SHORT-TERM RENTAL
Any dwelling unit utilized as a single-family residence rented
for the purpose of overnight lodging for a period of 30 days or less.
SIGN
A structure, building wall, outdoor surface, or any device
used for visual communication which is used for the purpose of bringing
the subject thereof to the attention of the public, or to display,
identify and publicize the name and product or services of any person,
exclusive of supporting members that bear no message.
SOLAR ENERGY SYSTEM, ACCESSORY
A solar collection system consisting of one or more roof-
and/or ground-mounted solar collector devices and solar related equipment,
which is intended to primarily reduce on-site consumption of utility
power or fuels. A system is considered an accessory solar energy system
only if it supplies electrical or thermal power solely for on-site
use, except that when a property upon which the facility is installed
also receives electrical power supplied by a utility company, excess
electrical power generated and not presently needed for on-site use
may be used by the utility company.
SOLAR ENERGY SYSTEM, PRINCIPAL
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy or thermal power and supply electrical or thermal
power primarily for off-site use. Principal solar energy production
facilities consist of one or more freestanding ground- or roof-mounted
solar collector devices, solar related equipment and other accessory
structures and buildings, including light reflectors, concentrators,
and heat exchangers, substations, electrical infrastructure, transmission
lines and other appurtenant structures and facilities.
STORAGE SHED
A storage building with or without a concrete slab or footing.
Storage sheds of either type shall not exceed 12 feet in depth nor
12 feet in height as measured from the lowest point in grade to the
peak or ridge of the roof.
STREET
A public or privately owned right-of-way serving as a means
of vehicular and pedestrian travel, which may furnish access to abutting
properties.
STRUCTURE
Any form or arrangement of building materials built, constructed
or erected, which requires location on the ground or attachment to
something located on the ground.
STUDENT RESIDENCE
A living arrangement consisting of three or four full-time
or part-time students living in a dwelling unit, one or more of whom
are unrelated by blood, marriage or adoption, and who a) attend undergraduate
colleges or universities, b) attend graduate programs at colleges
or universities, c) are on a semester or summer break from studies
at colleges or universities, or d) any combination of such persons.
The residents of a student residence shall live in a dwelling unit
as a single housekeeping unit, doing their cooking on a premise. A
student residence shall not include dormitories or fraternity or sorority
houses.
STUDIO
Spaces used by artists for the creation of art or the practice
of their artistic endeavors, as well as uses that produce consumer
goods by hand manufacturing, involving the use of hand tools and small-scale,
light mechanical equipment in a completely enclosed building with
no outdoor operations, storage or regular commercial truck parking/loading.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before damage
occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, as defined herein, regardless of the actual repair
work performed. The term does not, however, include either:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
SWIMMING POOL, ACCESSORY/HOUSEHOLD
Any receptacle or artificially constructed container for
water, whether erected above or below ground level, having a wall
depth of two feet or more at any point within its perimeter, which
is primarily used or intended to be used for swimming or bathing,
available only to the family of the dwelling unit and private guests,
not open to the public.
SWIMMING POOL, PUBLIC OR SEMIPUBLIC
Any swimming pool other than a private swimming pool, including
publicly and privately owned pools open to the general public and
pools owned and operated in conjunction with membership organizations,
motels, hotels, and other similar uses.
TOURIST HOME
A dwelling in which sleeping accommodations for fewer than
10 persons are provided or offered primarily for automobile travelers
for compensation.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio, and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, personal communications services
(PCS) towers, alternative tower structures, and the like. The term
includes the structure and any support thereto. Such structures shall
not be deemed to be a public utility or public use.
TRAVEL TRAILER
A vehicle without motive power which may be towed on public
highways by a passenger automobile without a special hauling permit,
which is designed for human occupancy under transient circumstances
such as camping, travel or other recreation, and having a body not
exceeding 375 square feet.
TREATMENT CENTER
A facility which provides residentially based care, counseling,
and/or rehabilitation. The residentially based facility may include
room and board, personal care, and intensive supervision and casework.
Both the residential and outpatient facilities may be included within
a hospital but are not a hospital or clinic or veterans treatment
center as defined in this chapter.
TRUCKING AND TRANSPORTATION TERMINALS
An area and/or building where trucks load and unload materials
on a regular basis, or where tractor trailers are transferred from
one tractor cab to another for the purpose of continuation to another
destination, or where trucks or tractors or tractor trailers are stored,
parked or waiting for dispatch.
ULTIMATE RIGHT-OF-WAY LINE
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally opened
or officially plotted, or between a lot and a privately owned street,
road or way over which the owners or tenants of two or more lots each
held in single and separate ownership have the right-of-way.
UTILITIES
Buildings and structures of a public or municipal utility,
in addition and connected to the lines, piping, conduits, transformer,
or other equipment which is essential to providing that utility's
services. Normally a significant or combination of structures, often
enclosed within a building, such as a substation, pumping station,
switching building or central station, or similar installation. "Utilities"
shall not be deemed to include antennas, backhaul networks, or towers.
VARIANCE
Permission or approval granted by the Zoning Hearing Board to deviate from the exact provisions of this chapter as applied to a specific piece of property in accordance with the provisions of Article
XIV, Zoning Hearing Board, hereof.
VETERANS TREATMENT CENTER
A facility which provides residentially based treatment and
rehabilitation and/or outpatient services for veterans and veterans'
family members. The residentially based facility may include room
and board, personal care, and intensive supervision, including but
not limited to treatment for drug and alcohol abuse, co-occurring
disorders (PTSD), family education and intervention, education, and
mentoring programs and casework for no more than 60 patients. Both
the residential and outpatient facilities may be included within a
hospital but are not a hospital or clinic as defined by this chapter.
For purposes of this definition, "veteran" means an individual who
has served in the armed forces for the United States and any reserve
component thereof.
VETERINARY HOSPITAL
An establishment used by a licensed veterinarian for the
practice of veterinary medicine that may include an accessory animal
kennel.
VISITOR CENTER
A use which shall include exhibit space, presentation space,
informational displays and/or retail space. The visitor center may
also include ancillary and operational spaces necessary to support
the visitor center, such as restaurants, administrative offices, storage,
etc.
WAREHOUSE
Uses that do not meet the definition of a moving and storage
facility but that are engaged in long-term and short-term storage
of goods, typically in containers such as boxes, barrels, or drums,
within a completely enclosed building.
WHOLESALE SALES
A place of business primarily engaged in selling merchandise
to retailers and industrial, commercial, institutional or professional
business users, or to other wholesalers or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies.
WIND ENERGY SYSTEM, ACCESSORY
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, which has
a rated capacity of less than or equal to 100 kilowatts and is intended
to primarily reduce on-site consumption of utility power. A system
is considered an accessory wind energy system only if it supplies
electrical power solely for on-site use, except that when a parcel
on which the system is installed also receives electrical power supplied
by a utility company, excess electrical power generated and not presently
needed for on-site use may be used by the utility company.
WIND ENERGY SYSTEM, PRINCIPAL
An area of land or other area used for a wind energy conversion
system principally used to capture wind energy and convert it to electrical
energy. Principal wind energy production facilities consist of one
or more wind turbines, tower, and associated control or conversion
electronics and other accessory structures and buildings, including
substations, electrical infrastructure, transmission lines and other
appurtenant structures and facilities, which has a rated capacity
of more than 100 kilowatts.
YARD
An open, unoccupied space on the same lot with a building,
or other structure or use, open and unobstructed from the ground to
the sky.
YARD, FRONT
A yard extending the full width of the lot along the front
line and extending in depth from the front lot line to the nearest
point of any structure on the lot.
YARD, REAR
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of any structure on the lot.
YARD, SIDE
A yard extending the full depth of the lot along the side
lot line and extending in depth from such side lot line to the nearest
point of any structure on the lot.