The following rules of construction shall apply to this Chapter:
A.
Words used in the present tense shall include the future.
B.
The singular shall include the plural and the plural the singular,
unless the context clearly indicates the contrary. Reference to one
gender shall be deemed to include the other.
C.
The words "shall" and "must" are intended to be and shall be deemed
to be mandatory. The word "may" is permissive.
D.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and/or "occupied for."
E.
The words "includes" and "including" shall not limit the term to
the specified example, but are intended to extend its meaning to all
other instances of similar kind and character.
F.
The particular shall control the general.
G.
If there is a difference in meaning or implication between the text
of this Chapter and any caption or illustration, the text shall control.
This Chapter intentionally does not include definition of terms
that are established in the Pennsylvania Municipalities Planning Code;[1] Millcreek Township Code Chapter 125, Subdivision and Land Development; Chapter 116, Stormwater Management; Chapter 70, Land Use; and Chapter 110, Municipal Solid Waste and Recycling. Where not defined in this Chapter, definitions of terms adopted in the Municipalities Planning Code and the ordinances referenced above are expressly adopted and shall control.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Where not defined in this Chapter or in the statute and ordinances referenced in § 145-9 of this Chapter or in other applicable Pennsylvania statutes or Township ordinances, terms shall be given their common or ordinary meaning.
As used in this Chapter, the following terms shall have the
meanings indicated below:
The relinquishment of property, whether real, personal or
otherwise, or a cessation of the Use of a real property by the owner
or lessee without any intention of transferring rights to the property
to another owner or of resuming the Use of the property. A real property
Use discontinued for a period of one year shall be deemed an intent
to abandon.
A detached Structure or Building customarily incidental and
subordinate to the Principal Structure or Use of the Lot on which
it is located.
The Use includes all uses regulated under 68 Pa.C.S.A. § 5501
et seq., as amended, as well as the following uses: adult novelty
store, adult drive-in movie theaters, adult motels, massage parlors,
bath houses, and such other uses housing similar adult sexually oriented
activities. Such definitions in 68 Pa.C.S.A. § 5502 are
hereby included by reference, including but not limited to the definitions
for "Adult Bookstore," "Adult Entertainment," "Adult Mini-Motion Picture
Theater," "Adult Motion Picture Theater," "Adult-Oriented Establishment,"
"Sexual Activities," "Specified Anatomical Areas" and "Specified Sexual
Activities."
Activities including, but not limited to, Livestock and Poultry
raising, field, row and tree crops, forest and tree products, sale
of products produced on the Premises. The term also includes customary
farm Structures, such as barns, stables, silos and Fenced in pastures,
and Commercial Livestock/Poultry Operations. The term does not include
Noncommercial Keeping of Livestock and Chickens/Ducks, farm-oriented
commercial or industrial activities or operations, such as food or
Livestock processing plants, holding pens, slaughterhouses or similar
uses which handle products not produced on the immediate Premises.
The practice of touring agricultural areas to observe Agricultural
Activities and often to participate in Agricultural Activities.
Includes generally man-made trees, clock towers, tall steeples,
light poles and similar alternative design that camouflage or conceal
the presence of Antennas on Towers.
An establishment existing primarily for entertainment purposes
and offering rides and exhibits for a fee.
Any Premises where domestic animals are dropped off and picked
up daily for temporary care on site and where they may be groomed,
trained, exercised and socialized, but are not kept or boarded overnight,
bred, sold or let for hire.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of Wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other Wireless antenna. An antenna shall not include Wireless Communications
Facilities, Tower as defined herein.
An architect registered by the Commonwealth of Pennsylvania.
Any area of land or water designed and set aside for the
landing and take-off of aircraft, including all necessary facilities
for the housing and maintenance of aircraft.
A shelter projecting from and supported by the exterior wall
of a Building constructed of nonrigid and rigid materials on a supporting
framework.
An owner/manager-occupied Single-Family Dwelling, Detached
that contains not more than five guest bedrooms in which short-term
lodging not exceeding 14 consecutive days or nights in a thirty-day
period is provided for compensation and in which meals for lodgers
may also be provided. This Use shall not include Group Residence Facilities.
The keeping of one or more colonies of bees.
An establishment operated for profit or pecuniary gain which
is not licensed by the Pennsylvania Liquor Control Board and admits
patrons upon payment of a fee, cover charge or membership fee and
in which alcoholic liquors, alcohol or malt or brewed beverages are
not legally sold but where alcoholic liquors, alcohol or malt or brewed
beverages are either provided by the operator or agents or employees
of the operator for consumption on the Premises or are brought into
or kept at the establishment by the patrons or persons assembling
there for use and consumption. The term shall not include a licensee
under the Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq.
The permissibility of a Use of land involving to any extent a bottle
club shall be determined according to the Principal Use.
An industrial Use which brews ales, beers, meads, spirits
and/or other similar alcoholic beverages and does not serve the beverages
on site in a tavern or restaurant, but which may include a public
tasting room. Breweries are classified as a Use which manufactures
more than 15,000 barrels of beverage (all beverages combined) annually.
This also includes Uses which manufacture 15,000 barrels of beverage
or less, but which do not include an Eating and Drinking Establishment
Use. For purposes of this Chapter, the term "brewery" shall include
distilleries, cideries, meaderies and other producers of alcoholic
beverages for sale and distribution.
A strip of land, a portion of which is planted and maintained
in shrubs, bushes, trees, grass or other Landscaping Material and
within which no Structure is permitted except a wall, fence or Sign
in compliance with this Chapter.
The line which defines the required placement of the Building
from the Street on which the Building fronts, measured from the edge
of Street Right-of-Way. On a Corner Lot, the Build-To line is located
on each side of a Lot abutting a Street.
The area of a Lot remaining after the minimum Yard and open
space requirements of this Chapter have been met.
A Structure having a roof supported by columns or walls for
the shelter of persons, animals, chattels or property. When separated
by walls which are common with the walls of adjoining building, each
portion of such Structure shall be considered a separate building.
The Person employed or retained by the Township to administer
and enforce the Construction Code, including any inspectors and designees.
Distance measured from Finished Grade located within two
feet of the foundation wall to the highest point on the Building or
Structure (excluding elements such as chimneys, flag poles, skylights,
etc.).
ELEVATIONA Building face, or scaled drawing of the same, from Finished Grade to the highest point on the Structure.
EXISTING GRADEThe existing condition of the elevation of the ground surface at the time of Permit application and which represents: 1) the natural grade prior to placement of fill on the site or the excavation or removal of earth from the site; or 2) the manufactured grade following the completion of an approved grading operation including grading approved in conjunction with the subdivision of the site.
FINISHED GRADEThe final grade of the site after all clearing and grading has been completed that conforms to an approved grading plan.
A line determined by the original developer or property owner
as located on a recorded plat within a property, generally parallel
to the Street line, between which and the adjacent Right-of-Way no
Structure may be built.
A facility for the sale of home, tools, hardware and construction
materials such as brick, lumber, concrete, piping and other similar
materials, either within or without an enclosed Building.
The engagement in the improvement of real property for monetary
consideration and encompasses, but is not limited to, the following
crafts, trades or businesses: site construction, demolition, earthwork,
utilities, paving, plumbing, electrical, masonry, carpentry, general
construction, waterproofing, insulation, roofing, siding, plastering,
drywalling, tile setting, flooring, painting, Sign building and erecting,
and landscaping.
Includes any commercial activity providing services such
as utility sales and services, court reporting services, cell phone
and communications services, employment and/or recruiting services,
small copy, printing and video services, shoe repair, watch repair,
valet or courier service and whose principal operation does not involve
on-site retail sales.
Temporary or permanent Buildings, tents or other Structures
licensed by Millcreek Township for occupancy by transients using Recreational
Vehicles, motor homes, mobile trailers and/or tents for dwelling,
lodging or sleeping purposes. This definition does not apply to manufactured
home parks.
A shelter, constructed of any material, projecting from but
not necessarily supported by the Building and which includes Awnings
or similar devices.
Any Building or Premises or portion thereof used for washing
automobiles and light trucks.
A single-bay Car Wash used in conjunction with and accessory
to the Principal Use and located in a Nonresidential Zoning District.
Property used for the interment of the dead.
A certificate issued by the Zoning Officer under the Pennsylvania
Construction Code, as adopted by Millcreek Township,[1] upon completion of construction of a Building, Structure
or addition or alteration thereof, which authorizes occupancy of the
Premises.
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
optometrist, other medical personnel, psychologists, or social workers
and where such examination and treatment generally require a stay
of less than 24 hours.
The mounting of one or more Wireless Communication Facilities
(WCFs), including antennas, on an existing Tower WCF, or on any Structure
that already supports at least one Non-Tower WCF.
An agricultural Use involving the keeping and handling Livestock
and/or Poultry on a Farm.
Any Sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity or is otherwise defined
as "commercial speech" by the Pennsylvania Supreme Court, the United
States District Courts in Pennsylvania, the Third Circuit Court of
Appeals, or the United States Supreme Court for purposes of interpreting
the United States Constitution or Pennsylvania constitution regarding
freedom of expression or speech.
A permit issued by the Building Code Official under the Pennsylvania
Construction Code,[2] indicating that proposed construction, alteration or reconstruction
of a Structure or other work regulated by the Construction Code is
in accordance with the Construction Code authorizing the applicant
to proceed with such work or activity. This term shall be deemed to
include "Building Permit" or "UCC Permit." Such permit is distinct
from a "Zoning Permit" and is not issued, administered or reviewed
under this Chapter.
As defined in current Commonwealth of Pennsylvania licensee
requirements, a residential facility or development designed, operated
and maintained for adults, which may also include skilled nursing,
intermediate care, personal care, assisted living or independent living
facilities.
PERSONAL SUPPORT SERVICES FOR A CONTINUING CARE FACILITYServices provided to residents of a continuing care facility, located within a main Building, such as beauty shop, barbershop, gift shop, pharmacy, bank, and laundry and cleaning services and facilities, and recreation facilities. Shall be authorized and conducted as an Accessory Use to the Permitted Use as a Continuing Care Facility.
A Retail Business Establishment with a Gross Floor Area of
greater than 2,500 square feet but less than 10,000 square feet otherwise
meeting the criteria for a Small Convenience Store but has a Vehicle
Fuel Station, Retail with more than four Fuel Islands or more than
eight Fuel Pumps on the Premises and/or any Electric Vehicle Charging
Stations.
A Retail Business Establishment with a Gross Floor Area of
2,500 square feet or less offering goods for sale, including, but
not limited to, food products, dairy products, delicatessen, tobacco,
beer and wine if authorized by the Commonwealth, household items,
newspapers, magazines or freshly prepared foods that may be available
for on-site or off-site consumption, including all accessory activities
authorized in a Small Convenience Store, excluding the sale of liquefied
petroleum gas and/or Vehicle fuel. This Use shall not include any
Vehicle Fuel Station, Retail and the sale of Vehicle fuels is expressly
prohibited; however, Electric Vehicle Charging Stations are permitted.
A Retail Business Establishment with a Gross Floor Area of
2,500 square feet or less offering goods for sale, including, but
not limited to, food products, dairy products, delicatessen, tobacco,
beer and wine if authorized by the Commonwealth, household items,
newspapers, magazines, or freshly prepared foods that may be available
for on-site or off-site consumption. Accessory activities may include
the operation of no more than two arcade games, video games or other
similar devices, automated teller machines (ATMs), check cashing,
money orders, lottery tickets and a Vehicle Fuel Station, Retail that
does not exceed more than four Fuel Islands or more than eight Fuel
Pumps and/or any Electric Vehicle Charging Stations. Convenience store
shall not include the repair or service of Vehicles.
A publicly or privately operated facility housing persons
awaiting trial, serving a sentence after being found guilty of a criminal
offense, being within the jurisdiction of a federal, state or local
probation, parole or corrections agency and/or receiving treatment
other than at a Hospital while under the jurisdiction of such authority
or agency. The term shall include but not be limited to jails, prisons,
juvenile detention centers, work release centers, prerelease centers
and Treatment Centers.
An establishment containing a furnace where a human or animal
remains can be burned and reduced/cremated to ashes as permitted by
the Pennsylvania Department of Environmental Protection.
A facility licensed by the Commonwealth of Pennsylvania,
located within a Building not used as a Dwelling Unit, for care during
part of a twenty-four-hour day, of children under the age of 16 or
handicapped or elderly persons.
The maximum number of Dwelling Units per acre of Developable
Land in a development.
That land proposed for development which excludes therefrom
all portions thereof:
Dedicated or to be dedicated or devoted for use as public or
private Streets and/or for interior traffic circulation by other means;
Dedicated or to be dedicated or devoted to use as public or
private improvements, including but not limited to stormwater management
improvements;
Defined by the Pennsylvania Department of Environmental Protection
as wetlands;
Defined by appropriate federal or state agencies as being within
a 100-year floodplain; and
Having a slope in excess of 25%.
Where land proposed for development involves other factors prohibiting
or rendering impractical development of areas due to particular easements
or other circumstances, the Zoning Officer shall have authority to
deem such areas of the Lot nondevelopable.
With respect to a person, a physical or mental impairment
that substantially limits one or more major life activities of such
individual, a record of such an impairment, or being regarded as having
such an impairment.
Network of spatially separated antenna sites connected to
a common source that provides Wireless service within a geographic
area or Structure.
Any Premises or part thereof, which provide logistic support
for business, such as freight management, inventory control, storage,
packaging and consolidation of goods for distribution.
A facility which offers in-car service or takeout service
for a Permitted Use in a Nonresidential Zoning District, including
but not limited to Financial Institutions, Eating and Drinking Establishments,
food stores and drugstores, but not including drive-in theaters or
Car Washes. This term generally refers to an Accessory Use or manner
of conducting a Permitted Use and is not intended as a distinct form
of Use.
Any Building, Structure, or portion thereof which is occupied
as, designed or intended for occupancy as a residence having one or
more Dwelling Units, but not including Hotels, Motels and/or Continuing
Care Facilities. The following dwelling types are included in this
Chapter:
DWELLING, DUPLEXA Building on a single Lot containing two Dwelling Units, each of which is totally separated from the other by an unpierced party wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both Dwelling Units. This term shall be deemed to include "Duplex Dwelling."
DWELLING, MULTI-FAMILYA residential Building designed exclusively for occupancy by three or more families living independently of one another and containing three or more Dwelling Units that may have common corridors and shared exit and entrance facilities. This definition includes condominiums and apartments. This term shall be deemed to include "Multi-Family Dwelling."
DWELLING, SINGLE-FAMILY ATTACHEDA Building containing more than one Dwelling Unit attached to two or more Dwelling Units by common vertical wall(s). Single-Family Attached Dwellings each shall have separate access to the outdoors not shared with the access of other Dwelling Units. This definition includes row houses and townhouses. This term shall be deemed to include "Single-Family Dwelling, Attached" and "Single-Family Attached Dwellings."
DWELLING, SINGLE-FAMILY DETACHEDA detached residential Building which is the only Principal Structure on the Lot, designed exclusively for occupancy by one Family, as defined herein, and containing one Dwelling Unit. This term shall be deemed to include "Single-Family Dwelling, Detached" and "Single-Family Detached Dwelling."
A single unit providing complete, independent living facilities
for the exclusive use of a single Family maintaining a household,
including permanent provisions for living, sleeping, eating, cooking
and sanitation.
An establishment designed and operated for the express purpose
of providing food and beverage service within the confines of a Structure.
The lowest horizontal line of a sloping roof.
A Structure, part of a Structure or Structures designed and
used for training and teaching of children, youths or adults, including
laboratories appurtenant thereto. This category includes Public or
Private Schools, as well as professional schools, trade schools, art
schools and similar facilities. This category does not include Day-Care
Centers.
A Vehicle that operates either partially or exclusively on
electrical energy, provided by a rechargeable battery or other energy
storage source, which can be charged by connection to the electric
power grid. This term includes a battery electric Vehicle, or plug-in
hybrid Vehicle.
An Accessory Use permitted in any zoning district that is
a designated area that is served by and accessible to EV battery charging
equipment which is supported by appropriate EVCS infrastructure.
A condition that:
When used in this Chapter, shall mean and refer to a defined
area installed at the end of a row of off-Street parking separating
parking from the drive aisles and used for green space and vegetation.
A notice as provided in Section 616.1 of the MPC[3] and/or this Chapter, sent by the Township to the owner
or occupant of record of a Lot on which a violation of this Chapter
has occurred.
To build, construct, attach, hang, suspend, affix, alter,
structurally repair, remove, relocate, add to, demolish, renew. With
respect to Signs, includes painting on a wall or any other background
surface.
The erection, construction, alteration or maintenance, by
public utilities regulated by the Pennsylvania Public Utility Commission
or municipal or other governmental agencies, of underground, surface
or overhead gas, electrical, cable, steam or water transmission or
distribution systems, collection, communication, supply or disposal
systems and their essential Buildings and/or Structures, excluding
Wireless Communication Facilities and Small Wireless Facilities as
defined in this Chapter.
A person or business establishment specializing in the elimination
of vermin, insects, etc., from a Building, apartment, etc., especially
by the controlled application of chemicals.
The extraction of minerals, including solids, such as coal
and ores; liquids, such as crude petroleum and gases. The term also
includes quarrying; well operation; milling, such as crushing, screening,
washing and flotation; and other preparation customarily done at the
extraction site or as part of the extractive activity.
An individual or two or more persons related by blood or
marriage living together; or a group of individuals of not more than
three persons, not related by blood or marriage, but living together
as a single housekeeping unit (exclusive of any natural born or adopted
children of an adult resident). In each instance, the family shall
be understood to include the necessary domestic workers. The foregoing
restrictions do not apply to persons with disabilities as defined
in the Fair Housing Act, 42 U.S.C. § 3601 et seq.
Any parcel of land with 10 or more acres which is used in
the raising of commercial agricultural products, including, but not
limited to, orchards, Livestock, Poultry or dairy products, including
necessary farm Structures and the storage of equipment customarily
incidental to the Principal Use.
Federal Communications Commission.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or other manufactured material or combination of materials
erected for the enclosure of or separation of areas.
FENCE, ORNAMENTALA Fence designed in such a manner, and of such material, that the main purpose is to decorate or enhance the appearance of the Front or Side Yard Setback. Fences consisting of chain link mesh, welded or woven wire or sheet metal are excluded under this definition. This term shall be deemed to include "Ornamental Fence."
FENCE, SOLIDAny Fence that presents a solid surface without gaps in materials. This term shall be deemed to include "Solid Fence."
Any commercial institution that lends money or engages in
a finance-related business, including but not limited to stock brokerage
firms, securities firms, banks, credit unions and savings associations.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A device which dispenses Vehicle fuel and/or kerosene and
which may contain multiple hoses or be capable of serving more than
one Fueling Position simultaneously. This does not include Electric
Vehicle Charging Stations.
A Building(s), Premises or portions thereof which are used,
arranged, designed, or intended to be used for the dispensing of gasoline
or other fuel for motor Vehicles, boats or aircraft. This does not
include Electric Vehicle Charging Stations.
A location at which a single Vehicle may be fueled from a
Fuel Dispenser.
A Building or part thereof used for human 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; and the storage of funeral Vehicles.
An Accessory Use which is attached to or an integral part
of a residential Building or Dwelling Unit, or an Accessory Structure
used for the storage of motor Vehicles and other personal property
owned and used by the residents of the residential Building or Dwelling
Unit.
A Building or Structure available to the general public in
which motor Vehicles are temporarily stored but which is not used
for the repair or maintenance thereof. This term shall be deemed to
include "Public Garage."
A commercial space where food is prepared and cooked for
off-premises consumption only. Also known as dark, cloud, shadow,
zombie or virtual kitchens.
The effect produced by brightness sufficient to alter or
impair visual performance and visibility.
The total area of a Building measured by taking the outside
dimensions of the Building at each floor level intended for occupancy
or storage.
A residential facility licensed by the Pennsylvania Department
of Human Services, to provide room, board and supervised care, but
not continuous nursing care, for children under the age of 18, individuals
age 62 or older and/or Persons with one or more disabilities. This
definition shall not include a facility housing Persons released from
or under the jurisdiction of a government bureau of corrections or
similar institution. See definition of "Disabilities." In addition,
the term does not include current illegal use of or addiction to a
controlled substance as defined in Section 102 of the Controlled Substances
Act (21 U.S.C. § 802).
Any establishment including, but not limited to, an athletic
club, exercise center, health spa, figure salon, gymnasium, physical
fitness center, or any other establishment by any other name that
provides exercise equipment and one or more of the following: steam
cabinet, steam room, sauna, vapor room, vapor cabinet, toilet facilities,
lavatories, showers, lockers, and dressing rooms intended for patron
use, excluding facilities used by or under direct supervision and
control of licensed medical personnel located in a medical facility,
facilities located in athletic departments of schools, and facilities
of professional athletic teams. Accessory Uses within the facility
may include massage therapy, aerobics and physical fitness services
(e.g., aerobic and strength training activities, group exercise classes,
fitness assessment and counseling, and education seminars).
Manufacturing that includes the production, processing, cleansing,
testing and distribution of materials, foods, foodstuffs and products
that due to the nature of the materials, equipment or process utilized,
is considered to be unclean, noisy, hazardous or is associated with
other objectionable elements.
The vertical distance measured from the ground at the Sign
base to the top of the Sign.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a Tower WCF, including Antennas
mounted on the Tower and any other appurtenances.
An Accessory Use of a service character customarily conducted
within a Dwelling by the residents, not meeting all standards of a
No-Impact Home-Based Business, which is clearly secondary to the Use
of the Dwelling for living purposes and does not change the character
thereof. The following clarifications apply:
The office of a physician, surgeon, dentist, architect, lawyer
or other professional Person, each with not more than one paid assistant,
shall be deemed to be a home occupation. Instructions in violin, piano
or other individual musical instruments, limited to a single Person
at a time, shall be deemed a home occupation. The occupations of dressmaker,
watchmaker, milliner, seamstress, typist or other persons who offer
skilled services to clients and are not professionally engaged in
the purchase or sale of economic goods and who have not more than
one paid assistant may be deemed to be home occupations.
Dancing instruction, band instrument instruction in groups,
Personal, Business and Professional Services, Funeral Homes, Continuing
Care Facilities and retail sales establishments or businesses of any
kind not listed above shall not qualify as home occupations.
An institution providing acute medical or surgical care and
treatment for sick or injured humans, as defined in the current state
licensure requirements. The term includes outpatient surgical and
treatment facilities not constituting a Correctional Facility, sanitarium,
Clinic, Continuing Care Facility and any other place for the diagnosis,
treatment or other care of human ailments.
A facility offering transient lodging accommodations to the
general public and which may provide additional services, such as
restaurants, meeting rooms and recreational facilities. The Structure(s)
have an interior hall and lobby with access to each room from such.
An area of land arranged and/or constructed in accordance
with a plan for a group of industrial purposes, having separate building
sites designed and arranged on Streets and having utility services,
Setbacks, Side Yards, and covenants or other such regulations controlling
or restricting uses.
A separate living space within a Single-Family Dwelling,
Detached consisting of separate sleeping, cooking and bathroom facilities
and which is to be occupied by an in-law of, in-laws of or a member
of the Family unit occupying the main portion of the Dwelling.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, bailing, disposal or other use or disposition; includes
any discarded material or article, including but not limited to scrap
metal; scrapped, abandoned or junked Vehicles (including boats, trailers
and Recreational Vehicles); the storage of Vehicles which are not
operable but which are being stored so that their parts can be removed;
tires; Vehicle parts; machinery; equipment; glass; paper; containers;
rags; metal; building materials; household appliances; brush; wood;
lumber; food waste; garbage; solid waste; leaf, grass and tree or
shrubbery waste or recyclable materials. The term does not include
municipal waste, recyclable materials and leaf waste kept in a proper
container for the purpose of prompt and proper disposal.
Any area, Lot, land, parcel, Building or Structure, or part
thereof, used wholly or in part for the storage, collection, processing,
purchase, sale or abandonment of wastepaper, rags, scrap metal or
other scrap and discarded goods, materials, machinery or two or more
unregistered and/or inoperable Vehicles or other types of junk.
A Use of land and Structures in combination under which four
or more domestic animals or pets six months or older are groomed,
bred, trained and/or boarded for compensation. This term includes
animal shelters operated by nonprofit organizations. A Use meeting
the definition of "Pet Grooming Establishment" is not intended to
be a "Kennel."
A Use in conjunction with and accessory to the Principal
Use of a Veterinary Clinic, Animal Day Care, or Pet Grooming Establishment
or animal hospital which includes the interior housing only for animals
under treatment and no outdoor operations or boarding for compensation.
Includes any combination of living plants such as trees,
shrubs, vines, flowers, ground cover and grass, and shall not be deemed
to include stone and/or other nonvegetative cover.
A commercial operation offering for retail sale plants, flowers,
lawn and garden supplies and other items which may include a nursery
or greenhouse so long as that Use is accessory to the principal commercial
Use, but does not include bulk sales of stone, bark and other materials
piled or stored outside or the use of high lifts.
A Lawn and Garden Center which also includes sale in bulk
of stone, bark and other materials, repair services of more than an
incidental nature and/or regular use of high lifts, loaders in the
conduct of its sale and distribution activities.
Manufacturing that includes the production, processing, cleaning,
testing and distribution of materials, goods, foodstuffs and products
that by the nature of the materials, equipment and process utilized,
is considered to be clean, quiet, and free of any objectionable or
hazardous elements.
The rental of all or a portion of a Dwelling Unit in the
following districts: MU-1, MU-2, and PI Districts or the Limited Lodging
Overlay.
Two areas shown on the Millcreek Township Zoning Map,[4] one bounded to the west by the west line of the Hartt
Estates subdivision, recorded in Erie County Recorder of Deeds Office
in Map Book No. 2, Page 488; to the south by the north Right-of-Way
line of West Lake Road; to the north by Lake Erie; and to the east
by the Presque Isle Zoning District boundary, and the second bounded
by the east line of Calvary Cemetery to the west; West 11th Street
to the south, the Corridor Mixed Use 2 boundary to the east; and the
Presque Isle District boundary to the north. Should a dispute concerning
the overlay boundary arise, an initial determination shall be made
by the Township's Zoning Officer and any party aggrieved by this
decision or determination may appeal to the Zoning Hearing Board.
The burden of proof shall be on the appellant.
For the purposes of this Chapter, "livestock" shall be defined
to include cows, pigs, horses, sheep, goats, llamas and other similar
types of farm animals.
A space within the main Building or on the same Lot therewith
providing for the standing, loading or unloading of Vehicles.
As defined in Section 10107 of the MPC, 53 P.S. § 10107.
The total area within the Lot Lines of a single Lot not including
any portion of a dedicated Street Right-of-Way.
The area of a Lot or parcel that is covered by Principal
and/or Accessory Buildings.
The average distance between the edge of the Street Right-of-Way
and the rear Lot Line, measured perpendicular or radial to the Right-of-Way.
Lot depth for triangular Lots shall be the mean distance from the
Street line to the point of intersection of the Side Yards.
That side of a Lot abutting on the Street Right-of-Way.
A line bounding a Lot that divides one Lot from another or
from a Street or any other public or private space.
The mean horizontal distance across the Lot, between the
side Lot Lines, measured at right angles to the depth.
A Lot that has an interior angle of less than 135° at
the intersection of two Street lines. A Lot abutting upon a curved
Street or Streets shall be considered a Corner Lot if the tangent
to the curve at the points beginning within the Lot or at the points
of intersection of the side Lot Lines with the Street lines intersects
at an angle of less than 135°. This term shall be deemed to include
"Corner Lot."
A Lot where the side Property Lines do not abut a Street.
This term shall be deemed to include "Interior Lot."
An Interior Lot having frontage on two Streets. This term
shall be deemed to include "Through Lot."
With respect to Signs, the cleaning, painting, repair, refurbishing
or replacement of defective parts of a Sign in a manner that does
not alter the basic copy, design, illumination or Structure of the
Sign.
A shared location where users can create, construct, repair
or modify objects using light manufacturing and light industrial equipment,
new technologies and traditional tools.
Defined as "Mobilehome park" in Section 10107 of the MPC,
53 P.S. § 10107.
Marijuana for certified medical use as set forth in the Pennsylvania
Medical Marijuana Act.[5]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana. This does not include a health care medical
marijuana organization.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health to grow
and process medical marijuana. "Medical marijuana": Marijuana for
certified medical use as set forth in this act. This does not include
a Health Care Medical Marijuana Organization.
A Medical Marijuana Dispensary or Medical Marijuana Grower/Processor.
An authorization issued by the Pennsylvania Department of
Health to a Medical Marijuana Organization to conduct activities under
this Act.
Occupancy of a Building or land for more than one Use permitted
in the zoning district in which the Building or land is located.
MIXED USE OCCUPANCY (RESIDENTIAL/COMMERCIAL)Occupancy of a Building or land for residential as well as commercial Uses.
MIXED USE OCCUPANCY (COMMERCIAL)Occupancy of a Building or land for multiple commercial Uses.
A WCF or site which consists of a single pole Structure,
designed and erected on the ground or on top of a Structure, to support
communications Antennas and connecting appurtenances.
A Structure in which lodging is provided for the accommodation
of guests, offered to the public for compensation, which includes
an office supervised by a Person in charge at all hours with a majority
of all rooms having direct access to the outside. "Motel" does not
include boardinghouse, Group Residence Facility or Continuing Care
Facility.
A group of Uses consisting of three or more non-Retail Business
Establishments forming a cohesive group of Uses in a single Building
having direct access to the outdoors or in a group of two or more
Buildings arranged and constructed on a Lot or site according to a
plan and sometimes having common parking.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended.
A business or commercial activity administered or conducted
as an Accessory Use which is clearly secondary to the Use as a residential
Dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the Premises, in excess of those normally associated with
the residential Use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
Use of the property and surrounding residential Uses.
The business shall employ no employees other than family members
residing in the Dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business Use, including,
but not limited to, parking, Signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential Use in the neighborhood.
The business activity shall be conducted only within the Dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
An Accessory Use to a Single-Family Dwelling, Detached that
is not contained upon a Farm, whereupon chickens/ducks are kept exclusively
by the residents of the site.
An Accessory Use to a Single-Family Dwelling, Detached that
is not contained upon a Farm, whereupon Livestock are kept exclusively
by the residents of the site.
As defined in Section 107 of the MPC.[6]
As defined in Section 107 of the MPC.[7]
As defined in Section 107 of the MPC.[8]
An area of land arranged and/or constructed in accordance
with a plan for a group non-retail commercial or business office purposes,
having separate building sites designed and arranged on Streets and
having utility services, Setbacks, Side Yards, and covenants or other
such regulations controlling or restricting Uses.
A roofed, open Structure projecting from the front, side
or rear wall of a Building and having no enclosed features of glass,
wood, or other material more than 30 inches above the floor thereof,
except the necessary columns to support the roof.
The Pennsylvania Department of Environmental Protection.
The portion of a facade or wall that is raised above the
roof.
When used in this Chapter, shall mean and include that area
consisting of one or two rows of parking spaces and the aisle from
which motor Vehicles enter and leave the spaces.
A portion of a Structure which may or may not be partially
or totally enclosed by a roof and one or more walls.
The Pennsylvania Department of Transportation.
The Pennsylvania Construction Code, 35 P.S. § 7210.101 et seq., as amended, any accompanying regulations adopted by the Department of Labor and Industry, and as adopted by Millcreek Township by Ordinance No. 2004-9 (Chapter 29, Code Enforcement, Part 3, Uniform Construction Code), as amended. This term shall be deemed to include "Construction Code."
A document issued by Millcreek Township authorizing an applicant
to undertake certain activities.
An individual, partnership, public or private association
or corporation, limited-liability company, firm, trust, estate, municipality,
governmental unit, Public Utility or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Any commercial activity conducted for profit which primarily
offers services to the general public; these include barbershops,
beauty shops, manicure or pedicure salons, nail salons, therapeutic
massage establishments, tanning salons, laundromats, dry cleaners
and similar services and activities which are related to the personal
needs of people.
A business activity that is operated and conducted within
an enclosed Premises and includes and is limited to the grooming and/or
washing of pets and/or domestic animals and which shall not include
any training or boarding of animals and/or any outdoor activities.
A public or private Lot of land, Building or Structure that
is designed for the assembly or collection of persons, for civic,
political, religious, educational, social purposes and where recreation,
amusement or dining occur as accessory activities.
For the purposes of this Chapter, "poultry" shall be defined
to include chicken, turkeys, ducks and other fowl.
A separate Lot or tax parcel with individual frontage abutting
the Street line. A Premises may include multiple Uses or occupancies.
As depicted on the Millcreek Township Zoning Map,[9] the Lots immediately north and south abutting West 8th
Street from Sommerheim Drive to Peninsula Drive and the Lots immediately
east abutting Peninsula Drive from West 6th Street to 300 feet south
of the intersection of the center lines of Peninsula Drive and West
8th Street.
The Structure or portion thereof housing the main Use of
the land.
Includes offices of professionals offering and providing
legal, engineering, accounting, architectural, interior/exterior design
sales and service, insurance, financial, real estate, appraisal, land
surveying, landscape architectural and like services.
Includes a Building or Structure to be constructed, owned
and operated by a federal, state, county, or municipal entity (including
authorities). Public Buildings and Structures include, but are not
limited to, meeting halls, fire stations, mail facilities, post offices,
libraries, museums, or other like type place that is a public community
facility.
Any academic institution licensed or registered by the Commonwealth
to provide elementary and/or secondary education to school-age children.
Educational Uses other than those of a Public or Private School are
not permitted in a Residential Zoning District.
The Erie City Water Authority, their respective successors
and assigns, or any supplier of utility services regulated by the
Pennsylvania Public Utility Commission.
An indoor or outdoor establishment operated by a for-profit
entity for the pursuit of sports and recreational activities available
to the general public for a fee, including but not limited to arcade,
miniature golf, golf or batting practice facilities, ice or roller
rinks, playing fields, racquet clubs, swimming pools, indoor trampoline
parks and similar facilities.
Developed or undeveloped open spaces and/or Structures and
facilities which are provided by individuals or private organizations
for the use of specified individuals or private organizations sharing
common relationships or associations for the purposes of play, amusement
or relaxation. Such facilities include but are not limited to country
clubs, golf courses, sportsmen's clubs, golf practice facilities,
playing fields, tennis or racquet clubs, swimming pools and similar
facilities. Such facilities do not include private swimming pools
accessory to a Dwelling, Single-Family Detached Use.
Developed or undeveloped open spaces and/or Structures and
facilities that are provided by a governmental or nonprofit body for
public use for the purposes of play, amusement, relaxation or education.
Such Uses may include sports facilities, parks, playgrounds, swimming
pools, assembly Buildings, passive areas, gardens, nature preserves,
nature centers and related amenities.
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 or units include but are
not limited to the following: travel trailers, truck-mounted campers,
motor homes, folding tent campers, auto, buses or trucks adapted for
vacation use, snowmobiles, minibikes, all-terrain Vehicles, go-carts,
boats, boat trailers, and utility trailers. A tent, travel trailer,
pickup camper or motor home shall be considered a Recreational Vehicle.
A Recreational Vehicle does not include a manufactured or mobile home,
industrialized housing and/or any incidents of long-term or permanent
residence, including, but not limited to, skirting, removal of wheels,
sheds, etc.
A facility employing a technology process that separates
or classifies municipal waste and creates or recovers reusable materials
that can be sold to or reused by a manufacturer as a substitute for,
or a supplement to, virgin raw materials. The term does not include
transfer facilities, municipal waste landfills, composting facilities
or resource recovery facilities.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a Tower WCF or Non-Tower WCF. By way of illustration,
not limitation, Related Equipment includes generators and base stations.
A Structure or complex of Structures designed or used primarily
for research development functions related to industry and similar
fields of endeavor. Such Use shall be categorized as light industrial
or heavy industrial dependent upon the specific nature of its operations.
A commercial Use involving the sale of commodities and services
directly to consumers. This term is intended to encompass all Uses
involving retail sales that are not specifically provided for or are
not generally equivalent to Uses that are specifically provided for.
Where a Use is specifically provided for, that specific provision
shall control. In Uses such as bakeries, candy stores, grocery stores
and florists, Accessory Uses may include the baking or making products
solely for the purpose of retail sale on that Premises so long as
all such activities are conducted indoors. In Uses such as sale of
auto parts, Accessory Uses may include the installing or assisting
with installation of purchased items.
A Principal Use whereby equestrian instruction is offered
and more than four horses are kept, bred, trained and/or exercised
upon land not occupied by the owner of the horse(s).
Land dedicated, reserved and/or accepted for use as a Road,
Street, alley, sidewalk or crosswalk.
An engineered land burial facility for the disposal of solid
waste which is so located, designed, constructed, and operated to
contain and isolate the solid waste so that it does not pose a substantial
present or potential hazard to human health or the environment.
An establishment that rents storage space for personal use
by the renter and where no materials of a hazardous nature (toxins,
highly inflammable, etc.) are stored. The warehousing of wholesale
and/or retail materials and/or products shall not be permitted.
A Tower that is freestanding and not guyed or anchored with
cables. This term shall include Monopoles, three- and four-sided steel
lattice Towers and other Tower Structures that include their own support
and are freestanding.
The distance of separation between a Building and a Property
Line, other Building, or other feature. Where used generally in this
Chapter, setbacks are intended to apply to Buildings, including principal
and accessory Buildings. Other than Structures attached to a Building
(which shall comply with the general setback regulations), setbacks
are not intended to apply to Structures that are not Buildings unless
and to the extent that such setback regulations are expressly provided
for them in this Chapter. Structures as to which this Chapter does
not impose setbacks include, but are not limited to, fences, landscape
features, playground equipment, HVAC units, driveways, sidewalks,
basketball hoops, concrete, paved and like pads at grade and at-grade
Patios.
A Building or Buildings consisting of three or more independent
and separate units housing any Retail Business Establishment and other
authorized Uses in the zoning district in which it is located that
is planned, owned, and managed as a total entity with on-site parking,
loading areas separated from customer access, unified design, landscaping
and signage in accordance with an approved plan. Shopping Centers
shall include at least one Building containing multiple Uses. Shopping
Centers may be developed at one time or in phases by different owners.
Shopping Centers shall be categorized as follows:
SHOPPING CENTER, COMMUNITYA Shopping Center having from 50,000 square feet to 300,000 square feet (SF) of Gross Floor Area (GFA).
SHOPPING CENTER, NEIGHBORHOODA Shopping Center having less than 50,000 SF of GFA.
SHOPPING CENTER, REGIONALA Shopping Center having more than 300,000 SF of GFA.
Any device, fixture, placard, Structure, painting, emblem
or visual that uses any color, form, graphic, illumination, symbol
or writing to identify and communicate, announce the purpose of or
identify the purpose of a Person or entity, or to communicate information
of any kind to the public. Decorations are not Signs. A Sign shall
be deemed to include its frame and/or Structure. Types of Signs include:
ABANDONED SIGNA Sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 180 days, in the case of Off-Premises Signs, or at least 360 days, in the case of On-Premises Signs.
BILLBOARD/COMMERCIAL OUTDOOR ADVERTISING SIGNA permanent Off-Premises Sign erected, maintained or used for the purpose of providing copy area for advertising messages for rent or lease.
BUILDING SIGNAny Sign attached to any part of a Building (i.e., not a Freestanding Sign).
CHANGEABLE COPY SIGNA Sign or portion thereof with characters, letters and/or illustrations which can be changed or rearranged without altering the face or the surface of the Sign. A Sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a Sign and not a Changeable Copy Sign for purposes of this Chapter. This term includes public service information, displays or any Sign which features automatic, manual or other switching or changing of its message content.
DIRECTIONAL/INFORMATION SIGNAny On-Premises Sign generally informational, that has a purpose secondary to the Use of the Lot or site on which it is located, such as "No Parking," "Entrance," "Exit," "One Way," "Loading Only," "Telephone" and other similar directives, and provided that such Sign does not exceed four square feet. Directional/Information Signs shall be located only in conjunction with site drive entrances and/or internal traffic drive aisles.
ELECTRONIC MESSAGE CENTERAn On-Premises Sign, or portion thereof, that displays electronic static images, static graphics or static pictures, with or without textual information. Such a Sign has the capability of being changed or altered by electronic means on a fixed display screen composed of a series of lights, including but not limited to light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message is displayed.
FLAGAny Sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners.
FREESTANDING SIGNAny Sign supported by Structures or supports that are placed on or are anchored in the ground and that are independent from any Building or other Structure. Also referred to as a "pole sign." This includes a Ground Sign.
GOVERNMENT/REGULATORY SIGNAny Sign erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties and/or required by state or federal law, including, but not limited to, traffic control signs, directional signs, area identification signs, monuments, Street signs, warning signs, parking control signs, handicapped parking signs, railroad crossing signs, signs prohibiting or controlling access to property and signs of public service companies indicating danger or construction.
HIGH-RISE SIGNA Freestanding Sign having a maximum height of 80 feet.
ILLUMINATED SIGNA Sign with an artificial light source incorporated internally or externally for the purpose of illuminating the Sign or a component of its Structure.
MONUMENT SIGNA Sign in which a stone, brick, or other architecturally compatible Structure is used to mount the Sign area on, in or as an integral part of such Structure. The permissible Sign area of such Sign shall begin at a height not greater than four feet above normal grade.
NONCONFORMING SIGNAny Sign legally existing at the time of the passage of this Chapter that does not conform in Use, location, height, or size with the regulations of the zoning district in which such a Sign is located.
OFF-PREMISES SIGNA Sign located on Premises that directs attention to a business, Person, commodity, or service not sold or located upon the Premises, e.g., Billboard/Commercial Outdoor Advertising Sign.
ON-PREMISES SIGNA Sign located on Premises that directs attention to a business, Person, commodity, or service sold or located upon the Premises, or a service being provided at the Premises during the period of time the service is being provided.
PERMANENT SIGNA Sign attached or affixed to a Building, window, or Structure, or to the ground in a manner that enables the Sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the Sign.
PORTABLE SIGNA Sign designed to be transported or moved and not permanently attached to the ground, a Building, or other Structure (including, but not limited to, transportation by means of wheels, Signs converted to "A" or "T" frames, Sandwich-Board Signs, balloons used as Signs, umbrellas used for advertising and/or Signs attached to, placed in, atop of or painted on Vehicles parked and visible from the public Right-of-Way, unless such Vehicle is used in the normal day-to-day operations of the business).
ROOF SIGNA Sign erected upon the roof or Parapet of a Building, the entire face of which is situated above the Eaves or highest architectural point of the Building to which it is attached, and which is wholly or partially supported by said Building.
ROTATING SIGNA type of Freestanding Sign which rotates 360°.
SANDWICH-BOARD SIGNA type of freestanding, Portable Sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians (also known as "A-frame Sign").
SNIPE SIGNA Sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public Right-of-Way or on any private property without the permission of the property owner (also known as "bandit Sign").
TEMPORARY SIGNA Sign that is not permanently affixed to the property, such as a Sign without a foundation or Sign constructed using wire, stake or similar material to place on the ground or insert into the ground, and whose display area is made in part or in whole of paper, cardboard, plastic, fabric, wallboard, plywood or similar nonpermanent material.
VEHICULAR SIGNAny Sign displayed on a parked Vehicle, where the primary purpose of the Vehicle is to advertise a product or business or to direct people to a business or commercial activity during all or part of the day. Vehicular Signs shall not include business logos, identification or advertising on Vehicles primarily used for other business purposes. Vehicles of any kind upon which a Sign has been painted will be subject to the restrictions regarding Temporary and Portable Signs as they apply to the location of the Vehicles when parked on a business's own Premises.
WALL SIGNA Sign which is painted on or attached directly to a fence or on the surface of approved Building walls, and which extends not more than 15 inches from the face of the fence or wall. Includes facia Sign.
WINDOW SIGNA Sign affixed to or within 12 inches of the interior surface of a window with its message visible to the outside of said window surface. Customary displays of merchandise or objects and material without lettering behind a store window are not considered Signs.
Terms related to this Use are defined below.
ACTION OR TO ACT ON A SITING APPLICATIONA siting authority's grant of a Siting Application or issuance of a written decision denying a Siting Application.
ANTENNA EQUIPMENT[consistent with 47 CFR 1.1320(d)], Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an SWF Antenna, located at the same fixed location as the SWF Antenna, and, when co-located on a Structure, is mounted or installed at the same time as such SWF Antenna.
ANTENNA FACILITYAn SWF Antenna and associated Antenna Equipment.
FACILITY OR PERSONAL WIRELESS SERVICE FACILITYAn Antenna Facility or a SWF Structure that is used for the provision of personal wireless service, whether such service is provided on a standalone basis or commingled with other wireless communications services.
MODIFICATION or MODIFYThe improvement, upgrade or expansion of existing Small Wireless Facilities on an existing SWF Structure if the movement, upgrade, expansion or replacement does not Substantially Change the physical dimensions of the SWF Structure.
SITING APPLICATION or APPLICATIONA written submission to a Siting Authority requesting authorization for the deployment of a Personal Wireless Service Facility at a specified location.
SITING AUTHORITYA State government, local government, or instrumentality of a State government or local government, including any official or organizational unit thereof, whose authorization is necessary prior to the deployment of Personal Wireless Service Facilities.
SMALL WIRELESS FACILITY (SWF)[consistent with 47 CFR 1.6002(I)], A facility that meets each of the following conditions:
The SWF Structure on which Antenna Facilities are mounted:
Each SWF Antenna associated with deployment, excluding associated
Antenna Equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the SWF Structure,
including the wireless equipment associated with the SWF Antenna and
any pre-existing associated equipment on the SWF Structure, is no
more than 28 cubic feet in volume;
The facility does not require SWF Antenna SWF Structure registration;
The facility is not located on Tribal lands; and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
federal law.
SWF ANTENNA[consistent with 47 CFR 1.1320(d)], An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under Title 47, Chapter 1, Part 15, of the U.S. Code of Federal Regulations.
SWF STRUCTUREA pole, Tower, base station, or other Building, whether or not it has an existing Antenna Facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).
WIRELESS INFRASTRUCTURE PROVIDERA Person that owns, controls, operates, or manages a Small Wireless Facility or portion thereof within the Right-of-Way.
WIRELESS SERVICE PROVIDERAn entity that provides wireless services to end users.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
A Solar Energy System that provides power for the Principal
Use of the property on which it is located and shall not be used to
intentionally generate power for the sale of energy to the electrical
utility or other off-property users.
Any solar collector or other Solar Energy device, or any
structural design feature, mounted on a Building or on the ground,
and 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. For purposes of this Chapter, Solar Energy Systems
have been broken into two categories: Solar Energy Systems, Private
and Solar Energy Utility System.
A Solar Energy System that generates power for the primary
purpose of resale to utilities and/or other off-site users. No Solar
Energy Utility System shall be located on a Lot that is less than
five acres in size.
A Structure containing one or more receptive cells, the purpose
of which is to convert Solar Energy into usable electrical energy
by way of a Solar Energy System.
Camouflaging methods applied to Wireless Communications Facilities,
Small Wireless Facilities, antennas and other facilities which render
them more visually appealing or blend the proposed facility into the
existing Structure or visual backdrop in such a manner as to render
it minimally visible to the casual observer. Such methods include,
but are not limited to, architecturally screened roof-mounted antennas,
Building-mounted antennas painted to match the existing Structure
and facilities constructed to resemble trees, shrubs, and light poles.
Includes 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.
Any change in the supporting members of a Building or Structure,
such as bearing walls, columns, beams or girders.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The Use of a Premises by a teacher of music and/or dance
where students are taught these arts for a fee and where more than
one student may be taught in a class at one time. This term is synonymous
with "dancing school" and "music school" and similar terms.
A modification substantially changes the physical dimensions
of an eligible support Structure, as defined in 47 CFR 1.6100(b)(4),
if it meets any of the following criteria:
For Towers other than Towers in the public Rights-of-Way, it
increases the height of the Tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support Structures, it increases the height of the Structure by more
than 10% or more than 10 feet, whichever is greater;
Changes in height should be measured from the original support
Structure in cases where deployments are or will be separated horizontally,
such as on Buildings' rooftops; in other circumstances, changes
in height should be measured from the dimensions of the Tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Middle Class Tax Relief
and Job Creation Act (the "Spectrum Act"), 47 U.S.C. § 1401
et seq.
For Towers other than Towers in the public Rights-of-Way, it
involves adding an appurtenance to the body of the Tower that would
protrude 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; for other eligible support Structures, it involves
adding an appurtenance to the body of the Structure that would protrude
from the edge of the Structure by more than six feet;
For any eligible support Structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for Towers
in the public Rights-of-Way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the Structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the Structure;
It entails any excavation or deployment outside the current
site, except that, for Towers other than Towers in the public Rights-of-Way,
it entails any excavation or deployment of transmission equipment
outside of the current site by more than 30 feet in any direction.
The site boundary from which the 30 feet is measured excludes any
access or utility easements currently related to the site;
It would defeat the concealment elements of the eligible support
Structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
Structure or base station equipment, provided however that this limitation
does not apply to any modification that is noncompliant only in a
manner that would not exceed the thresholds identified in 47 CFR 1.6100(b)(7)(i)
through (iv).
As depicted on the Millcreek Township Zoning Map,[10] the following Streets in Millcreek Township are designated
as Targeted Commercial Corridors: West 8th Street from Sommerheim
Drive to Pittsburgh Avenue; West 12th Street from Marshall Drive to
Pittsburgh Avenue; West 26th Street from Powell Avenue to City of
Erie Line; and Peach Street from City of Erie Line to Summit Township
Line.
Includes any Structure, including but not limited to tractor
trailer box units, covered and completely enclosed trailer units,
which is designed, used and/or intended for use for the temporary
storage of items and/or materials.
A Building or part of a Building devoted to showing motion
pictures, or for dramatic, dance, musical or other live performances.
A Structure other than a Building, such as a Monopole or
Self-Supporting Tower, designed and used to support any facility or
another Structure, other than communications Antennas. Guyed Towers
shall not be deemed within this term and are not permitted. This term
shall be broadly interpreted so as to include, without limitation,
all such Structures.
A business engaged in the towing or storing of motor Vehicles.
Any Building or land where buses, trucks, or tractor trailers
are rented, leased, kept for hire, stored, or parked for commercial
purposes only.
A Use, other than a prison, which provides housing, treatment,
rehabilitation and/or counseling to persons under the jurisdiction
or control of any court, parole, probations or corrections agency.
The term shall not apply to a Hospital providing acute or needed medical
treatment to a Person not placed in such facility other than for such
acute treatment.
A site in excess of two acres providing specialized facilities
for retail fueling services for large trucks; the site may include
related facilities including but not limited to restaurants and overnight
parking.
Any purpose for which a Building or other Structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a Building or other Structure on a tract of land. The Uses authorized in this Chapter can be found in Article III of this Chapter and the Appendices. Each zoning district under this Chapter identifies the particular Uses allowed in that zoning district.
ACCESSORY USELocated on the same Lot as the Principal Use, but customarily subordinate and incidental. Note that although most Accessory Uses are permitted by right, some specific Accessory Uses have been identified as Conditional Uses and some have been identified as Special Exception Uses.
CONDITIONAL USEA Use permitted subject to a public hearing in front of the Board of Supervisors and subject to compliance with any additional conditions or requirements of this Chapter.
PERMITTED USEA Use permitted by right.
PRINCIPAL USEThe primary Use to which the Premises are devoted and the primary purpose of which the Premises are used.
SPECIAL EXCEPTION USEA Use permitted subject to a public hearing in front of the Zoning Hearing Board and subject to compliance with any additional conditions or requirements of this Chapter.
A certificate issued upon a change in Use of a Building or
other Structure or a Lot of land or upon request therefor which certifies
that the Premises complies with the provisions of this Chapter and
identifies the authorized Use of the Building, other Structure or
tract of land.
A means of carrying or transporting something, including
but not limited to cars, trucks, Recreational Vehicles, campers, motorbikes,
boats, planes, trailers or other vehicles required by law to be registered
and/or licensed with the state.
Any Building, Premises or land in which or upon which a business
or individual performs or renders a service involving the detailing
and servicing of an automobile or other motor Vehicle. Detailing and
servicing shall include any cleaning, buffing, striping, glass replacement,
and audio installation or repair, but shall not include Vehicle Service
and Repairs including, but not limited, to inspections, body work,
collision repair, engine repair, mechanical repair, oil changes, tire
sales and service, or muffler repair/replacement.
An establishment where the Principal Use is the retail sale
of gasoline, oil, or other motor Vehicle fuel and no more than 15%
of the floor area is used for convenience and variety goods. The Premises
may include as an Accessory Use only, facilities for polishing, detailing,
greasing, washing, or otherwise cleaning, servicing, or repairing
motor Vehicles, but does not include liquefied petroleum gas distribution
facilities.
An Accessory Use for the dispensing of gasoline, oil, or
other motor Vehicle fuel not for retail sale for Vehicles used in
association with or as part of the Principal Use.
An Accessory Use for the dispensing of gasoline, oil, or
other motor Vehicle fuel for retail sale.
A facility for the sales, rental, service and/or repair and
washing of Vehicles, including, but not limited to, inspections, body
work, painting, collision repair, engine repair, mechanical repair,
oil changes, tire sales and service, or muffler sales and service.
A Structure or Use for the treatment, housing, and indoor
boarding of domestic animals being treated [see "Kennel, Accessory"],
including but not limited to horses, cattle, dogs, cats, rabbits,
and fowl.
A Structure primarily used for the storage of goods and materials.
Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1
et seq.
An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers; to 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.
For purposes of this Chapter, Wind Energy Systems includes
Wind Energy Utility System and Wind Turbine System, Small.
Any Wind Turbine whose main purpose is to convert wind power
into another form of energy such as electricity or heat for resale
to utilities and/or other off-site users, consisting of one or more
Wind Turbines and other Accessory Structures and Buildings, including
substations, meteorological Towers, electrical infrastructure, transmission
lines and other appurtenant Structures and facilities. This term does
not include Wind Turbine Systems, Small.
A Wind Energy System that converts wind energy into electricity
through the use of a wind turbine generator, and includes the nacelle,
rotor, tower and pad transformer, if any. A turbine is any of various
machines in which the kinetic energy of a moving fluid is converted
to mechanical power by the impulse or reaction of the fluid with a
series of buckets, paddles or blades arrayed about the circumference
of a wheel or cylinder.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
Wind Turbines designed to produce up to 100 kWh of electricity
and which are designed and used primarily to generate power to serve
a principal and/or Accessory Structure located on the Lot on which
said device is situated which is owned and operated by the Lot owner
and which shall not be used to intentionally generate power for the
sale of energy to the electrical utility or other off property users.
This term does not include Wind Energy Utility System.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
Any Person who applies for a Wireless Communications Facility
construction and/or Zoning Permit or permission to use the public
Right-of-Way (ROW) or other Township-owned land or property.
All non-Tower Wireless Communications Facilities, including
but not limited to antennas and Related Equipment. Non-Tower WCFs
shall not include support Structures for antennas or any Related Equipment
that is mounted to the ground or at ground level.
See definition of "Small Wireless Facility."
Any Structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, Self-Supporting
Towers, guy towers and Monopoles, utility poles and light poles. DAS
hub facilities are considered to be Tower WCFs.
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 service. For purposes of this Chapter, WCF
includes Wireless Communications Facility, Tower and Wireless Communications
Facility, Non-Tower. This does not include a Small Wireless Facility.
A freestanding Structure, such as a Wireless Communications
Facility, Tower or any other support Structure that could support
the placement or installation of a Wireless Communications Facility
if approved by the Township.
An open space at grade between the adjoining Lot Lines, unoccupied
and unobstructed by any portion of a Structure from the ground upward,
except as otherwise provided herein. Types of yards regulated in this
Chapter include:
FRONT YARDA Yard extending along the full length of a front Lot Line and back to a line drawn parallel to the front Lot Line at a horizontal distance that is equal to the depth of the required minimum front Setback or the Building Line, whichever is greater.
REAR YARDA Yard extending along the full length of the rear Lot Line and back to a line drawn parallel to the rear Lot Line at a horizontal distance that is equal to the depth of minimum rear Setback.
SIDE YARDAn area between side Lot Line and the minimum side Setback, extending from the Front Yard to the Rear Yard, or on Through Lots, from one front Lot Line to the opposite front Lot Line.
A sale of limited duration conducted from the Yard, porch
or garage of a Single-Family Dwelling, Detached or Duplex Dwelling
but including no sales in a public Right-of-Way. Such sale shall be
of clothing and household items belonging to the residents only and
not purchased for the purpose of resale on the Premises. Yard Sales
shall be limited to not more than six days or any part of a day in
a calendar year. Yard, porch or garage sales shall be considered a
temporary Use and not a Home Occupation.
Approval under the provisions of this Chapter certifying
that an application for development or application for zoning approval
for occupancy and Use has fulfilled the requirements of this Chapter.
For purposes of this Chapter, the zoning districts are defined
as follows:
RESIDENTIAL ZONING DISTRICTRefers to the following districts: CR, R1, R2, and R3.
NONRESIDENTIAL ZONING DISTRICTAll districts except CR, R1, R2, and R3.
COMMERCIAL ZONING DISTRICTRefers to the following districts: C1, C2, C3, MU-1, MU-2, and PI.
INDUSTRIAL ZONING DISTRICTRefers to the following districts: I1 and I2.
MIXED USE ZONING DISTRICTRefers to the following districts: MU-1, MU-2, and PI.
MULTI-FAMILY RESIDENTIAL ZONING DISTRICTRefers to the following districts: R3 and MU-2.
The Person appointed by the Millcreek Township Supervisors,
having the powers and subject to the provisions set forth in the MPC,[11] whose duty it shall be to administer this Chapter and
such other ordinances that may be assigned by the Township Supervisors.
A Permit issued that indicates that a proposed Use, Building,
Structure or activity is in accordance with the provisions of this
Chapter and other applicable ordinances and regulations of the Township,
and which authorizes the applicant to proceed with such Use, construction
or other activity. The Zoning Permit shall be the means by which the
Township regulates Use or activities other than construction and other
actions expressly regulated by the Pennsylvania Construction Code,[12] but which otherwise govern such activities. Action on
a Zoning Permit that relates to regulations of this Chapter shall
be subject to appeal under this Chapter. Action on a Zoning Permit
that relates to regulations under other laws or ordinances shall be
subject to review as specified in such laws and other ordinances.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[3]
Editor's Note: See 53 P.S. § 10616.1.
[4]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[6]
Editor's Note: See 53 P.S. § 10107.
[7]
Editor's Note: See 53 P.S. § 10107.
[8]
Editor's Note: See 53 P.S. § 10107.
[9]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[10]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[11]
Editor's Note: See 53 P.S. § 10101 et seq.
[12]
Editor's Note: See 35 P.S. § 7210.101 et seq.
