[Ord. 3/13/1995; as amended by Ord. 96-08-12.1, 8/12/1996; by Ord. 2004-1, 3/8/2004; by Ord. 2011-01, 1/3/2011; by Ord. 2011-03, 4/11/2011; by Ord. 2011-06, 11/14/2011; by Ord. 2013-01, 6/10/2013; by Ord. 2016-02, 5/9/2016; by Ord. 2016-05, 11/14/2016; by Ord. 2017-01, 7/10/2017; by Ord. 2017-03, 7/10/2017; by Ord. 2018-02, 9/10/2018; by Ord. No. 2023-01, 12/11/2023]
ABANDONED
The visible or otherwise apparent discontinuance of a nonconforming
use of a building or premises, or the removal of the characteristic
equipment or furnishings used in the performance of a nonconforming
use without its replacement by similar equipment or furnishings, or
the replacement of the nonconforming use or structure.
ACCESS DRIVE
A means, other than a street, which provides vehicular access
from a street or public road to a lot; e.g., a driveway or private
right-of-way.
ACCESSORY RESIDENTIAL USE
A residential dwelling unit which is accessory to the principal commercial use of a lot; i.e., an apartment located above or adjoining a retail establishment. (See also §
27-601.)
ACCESSORY SOLAR ENERGY SYSTEM
An area of land or other area used for a solar energy system
used to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for on-site
use. Ground-mounted or freestanding solar energy systems with an output
size of not greater than 10kw shall be considered accessory solar
energy systems. Roof-mounted solar energy systems on the roofs of
buildings on site used primarily for on-site use shall have no limit
as to power output. An accessory solar energy system consists of one
or more freestanding ground, or roof mounted solar arrays or modules,
or solar-related equipment and is intended to primarily reduce on-site
consumption of utility power or fuels for use on site by the generator.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
ADULT BOOK STORE
An establishment having as a substantial or significant portion
of its stock in trade, books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to “specified sexual activities”
or “specified anatomical areas,” or an establishment with
a segment or section devoted to the sale or display of such material.
ADULT CABARET
A club, restaurant, bar, tavern, theater, hall or similar
establishment which features male and/or female entertainers whose
performance includes “specified sexual activities” and/or
reveals or displays “specified anatomical areas.”
ADULT DRIVE-IN PICTURE THEATER
An area open to the air and not enclosed within any building
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to “specified
sexual activities” or “specified anatomical areas”
for observation by patrons therein, which patrons observe such material
from a location within automobiles or other motor vehicles, seated
in autos or on outdoor seats.
ADULT ENTERTAINMENT ESTABLISHMENT
Adult book stores, adult cabarets, adult drive-in picture theaters, adult mini-motion picture theaters, adult motion picture theaters, adult walk-in picture theaters, amusement arcades, massage parlors, and similar establishments providing entertainment of a sexual nature, including those involved in the sale or rental of adult videos. (See also §
27-420.)
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity for less than 50 persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to “specified
sexual activities” or “specified anatomical areas”
for observation by patrons therein.
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to “specified
sexual activities” or “specified anatomical areas”
for observation by patrons therein.
ADULT WALK-IN PICTURE THEATER
An area neither enclosed nor open to the sky (e.g., a pavilion,
tent, etc.) where material presented is distinguished or characterized
by an emphasis on matter depicting, describing or relating to “specified
sexual activities” or “specified anatomical areas”
for observation of patrons therein.
AGENT
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, data
and/or applications to the Zoning Officer or other designated Township
official for the purpose of obtaining approval thereof.
AGRIBUSINESS
The sale of agricultural products or commodities, including
but not limited to, farm produce, seed, fertilizers, and farm machinery.
AGRICULTURAL STRUCTURE
Any farm building or structure used for storing agricultural
equipment or farm produce, housing livestock or poultry, or processing
dairy products. Such buildings shall not be used for residential purposes.
AGRICULTURE
The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, aquaculture, forestry, animal and poultry husbandry, and the accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities. (See also §
27-425.)
AGRIVOLTAICS
The co-development of the same area of land for both solar
photovoltaic power and "normal farming operations" as defined by P.L.
454, No. 133 (1982), the Protection of Agricultural Operations from
Nuisance Suits and Ordinances Act, or any successor laws.
AIRCRAFT
Any contrivance, except an unpowered hang-glider or parachute,
used for the ascent into or flight through the air.
AIRPORT
Any area of land or water which is used, or is intended to
be used, for the landing or takeoff of aircraft and any appurtenant
areas which are used, or are intended to be used, for airport buildings
or air navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon. For purposes of this Chapter, the
term airport shall not include facilities designated as heliports
and those facilities which can be used only by rotary wing aircraft,
nor to private airports.
AIRPORT HAZARD
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight of aircraft in landing
or taking off at an airport or is otherwise hazardous to the landing
or taking off of aircraft.
AIRPORT HAZARD AREA
An area or land or water upon which an airport hazard might
be established if not prevented.
ALLEY
Permanent, public serviceway providing a secondary means
of access to lots, not intended for general traffic circulation.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or increasing in height, or the moving
from one location or position to another. An alteration does not include
maintenance and repair.
AMUSEMENT ARCADE
An establishment which has as its principal business offering
to patrons mechanical, electrical or video amusement devices or games
such as pinball machines, ping pong, darts, rides, shooting galleries
or similar devices and games.
ANIMAL EQUIVALENT UNIT
1,000 pounds live weight of livestock or poultry animals,
regardless of actual number of individual animals comprising the unit.
ANIMAL HUSBANDRY
For the purposes of this Chapter, animal husbandry shall
be defined as the raising or keeping of livestock and/or poultry for
capital gain or profit or with the intent of selling any livestock
or poultry products as a commercial enterprise, including custom butchering.
The boarding or raising of livestock or poultry as farm animals or
household pets pursuant to the regulations of this Chapter shall not
be considered animal husbandry.
APPLICANT
Any lessee or his authorized agent who submits plans, data
and/or applications to the Zoning Officer or other designated Township
official for the purpose of obtaining approval thereof.
AREA
The surface included within a set of lines.
A.
AREA, BUILDABLE
That portion of a lot bounded by the required front, side
and rear yards.
B.
AREA, BUILDING
The total area of a lot covered by buildings, excluding uncovered
porches, terraces and steps.
C.
AREA, LOT
The area contained within the property lines of individual
parcels of land shown on a plan, excluding any area within a street
right-of-way, but including the area of any easement.
D.
AREA, SITE
The total area of a proposed development, regardless of interior
lot lines or proposed lots, streets, or easements.
AUTOMOTIVE REPAIR SHOP
A building or structure used primarily for making major repairs
to motor vehicles (automobiles, motorcycles, trucks, farm equipment
or machinery, and/or snowmobiles), including overhauling, body work,
painting, refinishing and upholstering, as well as incidental servicing
and maintenance.
AUTOMOTIVE SALES FACILITY
Any building or land area used for the display and sale of
new or used automobiles or other motor vehicles, including warranty
repair or associated work.
AUTOMOTIVE SERVICE STATION
A building or place of business where gasoline or any motor
vehicle fuel or oil or other lubricating substance, batteries, tires,
and other automotive accessories are supplied and dispensed to the
motor vehicle trade, at retail, and where minor repair service may
be offered.
BACKGROUND REPORT AND GOALS AND OBJECTIVES STUDY
The complete set of municipal policy goals and community
development objectives addressing the future growth and development
of Wolf Township, Lycoming County, Pennsylvania, adopted by resolution
of the Township Supervisors.
BASE FLOOD
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the “100-year flood” or
“1% annual chance flood”).
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
BASEMENT
Any area of the building having its floor below ground level
on all sides.
BED AND BREAKFAST ESTABLISHMENT
An establishment, dwelling, or part thereof, in which individual rooms are offered for temporary lodging purposes by the owner or operator for limited periods of time. Breakfast or other meals may also be offered for overnight guests as a part of the lodging fee. (See also §
27-416.)
BOARDING OR ROOMING HOME
A single-family dwelling or part thereof, where lodging is provided for a fee by the legal owner thereof. Such lodging may be provided for no more than six persons unrelated to the owner and shall be for periods of time exceeding one week, whether or not arrangements have been made for meals. (See also §
27-411.)
BORROW PIT
An excavated area where material has been borrowed for use
as fill at another location, not including the excavation or removal
of fill or the grading of a site preparatory to the construction of
a building.
BUFFER YARD
Yard space, either landscaped or planted, provided between high intensity activities and other uses. (See §
27-506.)
BUILDING
A permanent structure having walls and a roof which is used
for the shelter, housing or enclosure of persons, animals, or property.
The word “building” shall include any part thereof. Included
shall be all manufactured homes and trailers to be used for human
habitation.
A.
BUILDING, ACCESSORY
A detached, subordinate building located on the same lot
as the principal building, serving a purpose customarily incidental
to the use of the principal building.
C.
BUILDING, DETACHED
A building which has no common walls and is surrounded by
open space on the same lot.
BUILDING COVERAGE
That percentage of the plot or lot area covered by the principal
and accessory buildings, including porches, patios, decks, carports,
and breezeways, but excluding parking or loading areas.
BUILDING LINE
The required setback (front, side, or rear) of a building
from a property line.
BUILDING SETBACK LINE
The line established by the required minimum front yard setback
from the street right-of-way or front lot line for buildings and/or
structures. The building setback line shall be the point at which
minimum lot width shall be measured.
CAMP, CABIN OR VACATION HOME
A permanent building or structure intended for occupancy only occasionally during the year, including buildings intended as camps, cottages, lodges, hunting cabins, vacation homes and similar seasonal dwellings. For purposes of this Chapter, a recreational vehicle shall not be considered to be a camp, cabin or vacation home. (See also §
27-426.)
CAMPGROUND
A tract or tracts of ground, or portion thereof, used for
the purpose of providing space for recreational vehicles or tents
for camping purposes, with or without a fee charged for the leasing,
renting, or occupancy of such space. Such facility may also include
a recreational vehicle park.
CAR WASH
Any building or premises used for washing automobiles or
other motor vehicles.
CARETAKER’S RESIDENCE
A dwelling unit which is used exclusively by either the owner,
manager, or operator of a principal permitted use and is located on
the same parcel as the principal use.
CARPORT
A roofed structure providing space for the parking or storage
of motor vehicles which is enclosed on not more than three sides.
CARTWAY
The area of a street or alley within which vehicles are permitted,
including traveled lanes and on-street parking spaces, but excluding
shoulders, curbs, sidewalks, or drainage swales.
CELLAR
A portion of a building partly underground, having half or
more than half of its clear height below grade. A cellar shall not
be considered in determining the permissible number of stories.
CEMETERY
Public land that has been established by a regulated company
of the Commonwealth for the burial of the deceased, including columbariums,
crematoria, mausoleums and mortuaries when operated in conjunction
with the cemetery and within the boundaries thereof.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Zoning Officer stating that all
work authorized by the zoning permit has been satisfactorily completed
or, in cases not involving construction, a proposed new use is in
conformity with this Chapter and the building or land may be occupied.
CHANGE OF USE
An alteration of a building or a change of use existing within
a building or on a lot to a new use which imposes other provisions
of this Chapter.
CHILD CARE FACILITY
An entity that regularly provides child day care for a group
of children for periods of less than 24 hours certified by the Pennsylvania
Department of Human Services.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street or driveway intersections
defined by lines of sight between points at a given distance from
the intersection of the street and/or driveway centerlines. (This
is determined from a sitting position four feet above the roadway.)
CLINIC, MEDICAL OR DENTAL
An establishment where patients are admitted for examination
and treatment by one or more physicians, dentists, psychologists,
or social workers and where patients are not lodged overnight.
CLUB, LODGE OR FRATERNAL ORGANIZATION
An organization catering exclusively to members and their
guests in premises or buildings for social, recreational, or administrative
purposes, which are not conducted for profit. Clubs shall include
but not be limited to service organizations, fraternal organizations,
as well as social, athletic or similar groups.
CLUSTER DEVELOPMENT
A large scale residential development, in which individual
dwelling units or buildings are grouped together. Modifications or
reduction of the minimum yard and lot size requirements are permitted
in exchange for an equivalent amount of land in open space to be preserved
for scenic, recreation, or conservation purposes. The overall dwelling
unit density of the underlying residential district cannot be exceeded
in this type of development.
COMMERCIAL ANIMAL HUSBANDRY
For the purposes of this Chapter, animal husbandry shall
be defined as the raising or keeping of livestock and/or poultry for
capital gain or profit or with the intent of selling any livestock
or poultry products as a commercial enterprise, including custom butchering.
(The boarding or raising of livestock or poultry as farm animals or
household pets pursuant to the regulations of this Chapter shall not
be considered animal husbandry.)
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
COMPREHENSIVE PLAN
The official public document in accordance with the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as reenacted and amended
by Act 170 of 1988, 53 P.S. §10101 et seq., and as subsequently
amended, consisting of maps, charts and textual material, that constitutes
a police guide to decisions about the physical and social development
of the Township.
CONDITIONAL USE
A use permitted in certain districts, as provided for in Part
3, which may only be authorized by the Township Supervisors as set forth in §
27-1402.
CONDOMINIUM
A building or group of buildings in which units are owned
individually, and the structure, common areas, and facilities are
owned by all the owners on a proportional, undivided basis.
CONTRACTOR’S SHOPS AND YARDS
A building or buildings and space used for the storage of
construction equipment and/or building materials. Such uses may also
include equipment repair facilities, office space and oil and gas
staging facilities.
CONVENIENCE STORE
A retail establishment selling a limited range of food products
and some household or other consumer goods. Such facilities generally
offer fewer items and maintain a smaller inventory of merchandise
than a supermarket or grocery store. In some cases, gasoline and related
automotive supplies are also offered on a self-service basis.
CONVERSION APARTMENT
A dwelling or other building converted for residential occupancy by more than one family. The specific number of permitted dwelling units shall be as set forth in §
27-405 of this Chapter.
COUNTY
Lycoming County, Pennsylvania.
CULTIVATION
The planting, growing, harvesting, drying or processing of
marijuana plants or any part thereof.
CULTURAL FACILITIES
Art galleries, auditoriums, libraries, museums, community
centers, botanical gardens, adult education centers, or other similar
facilities, open to the public or connected with a permitted educational,
institutional, philanthropic, service or religious use.
DAY CARE CENTER
A private facility enrolling more than 12 young children
where tuition, fees, or other forms of compensation for the care of
the children is charged and which is licensed, inspected and approved
to operate as a child day care center by the Pennsylvania Department
of Human Services.
DELIVER OR DELIVERY
The actual or constructive transfer from one person to another
of a substance, whether or not there is an agency relationship.
DENSITY
The number of families, individuals, dwelling units, or housing
structures permitted to be constructed or situated on a specific unit
of land.
DESIGNATED CARE PROVIDER
A person who is 18 years of age or older, has been designated
in writing by a patient to serve as a designated provider, is prohibited
from consuming marijuana obtained for the personal, medical use of
the patient for whom the individual is acting as designated provider
and is the designated provider to only one patient at any one time.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading, and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
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 of the Commonwealth
to dispense medical marijuana.
DISTRIBUTION CENTER
A building or structure where sizable quantities of merchandise
are stored for ultimate distribution to a single or limited number
of specific wholesale or retail operators. See also “warehousing
facility.”
DISTRICT
A zoning district as laid out on the Zoning Map, along with
the regulations pertaining thereto.
DOCK
A temporary structure extending into a stream or other body
of water for the purpose of securing a boat(s).
DRIVEWAY
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
DWELLING
A building, structure, or shelter designed for or occupied
exclusively as the residence or sleeping place of one or more persons.
A.
DWELLING, SINGLE-FAMILY ATTACHED
A dwelling containing only one dwelling unit from ground
to roof, having independent outside access and a portion of one or
two walls in common with an adjoining dwelling(s), i.e., a townhouse
or garden apartment. For the purposes of this Chapter, a single-family
attached dwelling structure shall contain a minimum of three dwelling
units.
B.
DWELLING, SINGLE-FAMILY DETACHED
A dwelling containing only one dwelling unit from ground
to roof, having independent outside access and open space on all sides,
except for a mobile home as defined below. (See “mobile home.”)
C.
DWELLING, TWO-FAMILY ATTACHED
An attached or semi-attached building containing two independent
dwelling units which are entirely separated by vertical walls or horizontal
floors, unpierced except for access to the outside or a common basement
or cellar, i.e., a duplex.
D.
DWELLING, MULTI-FAMILY
A dwelling structure containing three or more dwelling units
without independent outside access, i.e., an apartment building or
condominium.
(1)
MULTI-FAMILY HOUSING DEVELOPMENT
For the purposes of this Chapter, a multifamily housing development
shall consist of more than one multi-family dwelling structure or
more than one single-family attached dwelling structure, or a combination
thereof.
DWELLING UNIT
One or more rooms in a dwelling structure designed for the
use of one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities. Recreational
vehicles and facilities for transient lodging shall not be considered
as dwelling units for the purposes of this Chapter.
ENCLOSED USE
A use which is located entirely within a building or structure.
ENTERTAINMENT FACILITY, PUBLIC
An indoor, facility operated as a business for profit, open to the public, for the purpose of providing entertainment including, but not limited to, bowling alleys, roller skating rinks, amusement arcades, motion picture theaters, health clubs, and similar types of establishments, but excluding adult entertainment facilities. (See also §
27-419.)
ESSENTIAL UTILITY DISTRIBUTION SERVICES
Utility services provided by public utility companies, governmental agencies, or public service corporations which are necessary for the preservation of the public health and safety. Such services shall include, but need not be limited to, the placement, construction, alteration, use, and maintenance of underground or overhead electrical, telephone, television, natural gas, water or sewage disposal systems, and may include the use of poles, wires, lines, mains, drains, sewers, pipes, conduits, cables, hydrants, traffic signals or other similar equipment. (See also §
27-608.)
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
EXTERIOR ANTENNAS
All forms of antennas utilized within the Township for telephone, telecommunication, radio, television, or other forms of communication (including microwave and satellite earth stations or dishes), except antennas utilized by governmental agencies or antennas regulated by applicable laws relating to public utilities. Exterior antennas shall include the towers, receiving dishes or receiving fixtures, bases, supports, guidewires, transmission wires, and all attachments. (See also §
27-610.)
EXTRACTION OPERATIONS
The commercial extraction of sand, gravel, clay, shale, rock
or other natural mineral deposits from the earth, including facilities
for the batching or mixing of extracted materials, but excluding the
extraction of oil or gas reserves.
FAMILY
One or more persons occupying a single dwelling unit and
living as a single household unit, whether or not related by blood,
marriage or adoption. (See also “group family household.”)
FAMILY DAY CARE HOME
A facility in which four, five or six children unrelated
to the operator receive child care services. A family day care home
must be located in a home and must have a certificate of registration
from the Pennsylvania Department of Human Services in order to operate.
FARM
For the purpose of this Chapter, a farm shall be defined
as a parcel of land which is used for agricultural purposes or activities.
FEED AND GRAIN MILL
A business establishment containing machinery for grinding
or crushing grain into flour or feed for animals.
FENCE
Any combination of materials creating an enclosure or barrier
to prevent intrusion from outside or straying from within. For the
purposes of this Chapter, a fence shall be considered a structure.
(See §27-505.2.)
FINANCIAL SECURITY
A form of security including a cash deposit, surety bond,
irrevocable letter of credit, cashier's check, or escrow account
from a federal or commonwealth chartered lending institution in the
amount of 110% of the total proposed decommissioning costs and in
a form satisfactory to the Commission and the County Solicitor.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
FLOODPLAIN AREA
A.
A relatively flat or lowland area adjoining a river, stream
or other watercourse which is subject to partial or complete inundation.
B.
An area subject to the unusual and rapid accumulation of runoff
of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. (See §
27-903 for flood damage control provisions.)
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
FLOOR AREA
The area of a structure covered by floors.
A.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of all of the floors
of a building measured from the exterior face of exterior walls, or
from the centerline of a wall separating two buildings, but not including
interior parking spaces for motor vehicles or basement or cellar floor
areas where this area is not used for business or dwelling purposes,
but including the area of roofed porches, decks, patios and terraces.
B.
FLOOR AREA, HABITABLE
Any floor area within a dwelling unit which is useable for
living purposes, including area for working, sleeping, eating, cooking
and recreation, or a combination thereof. Stairways, hallways and
floor area used only for storage purposes, such as closet, attic or
unimproved basement space shall not be considered habitable floor
area, nor shall any space where the floor-to-ceiling height is less
than five feet.
FOREST MANAGEMENT
The management of forests and timberlands when practiced
in accordance with accepted silviculture principles, through developing,
cultivating, harvesting, transporting, and selling of trees for commercial
purposes, which does not involve any land development.
FORESTRY
The management of forests and timberlands where 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.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. “Freeboard”
tends to compensate for the many unknown factors that could contribute
to flood heights greater than the height calculated for a selected
size flood and floodway conditions, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
GARAGE
A building or structure used for the parking and storage
of vehicles.
A.
GARAGE, PRIVATE
An accessory building or an accessory portion of a principal
building designed or used for the parking or storage of motor vehicles
which is not a commercial enterprise available to the general public,
provided however that no more than one space therein may be leased
to a nonresident of the premises.
B.
GARAGE, PUBLIC
A building or group of buildings used primarily for the parking
or storage of motor vehicles available to the general public for compensation.
(See also “automotive repair shop.”)
GENERAL FLOODPLAIN
That portion of the floodplain area for which no specific
flood profiles exist and which is designated as approximated 100-year
floodplain area on the Township’s Flood Boundary and Floodway
Maps.
GRADE
The degree of rise or descent of a sloping surface.
B.
GRADE, STREET
The elevation of the centerline of an existing or proposed
street; the percentage of slope.
GROCERY STORE
A retail establishment primarily selling food or groceries
as well as other household goods or merchandise, i.e., a supermarket.
GROUP DAY CARE HOME
A facility in which seven to 12 children unrelated to the
operator receive child care services. A group day care home must have
a certificate of compliance (license) from the Pennsylvania Department
of Human Services in order to operate.
GROUP FAMILY HOUSEHOLD
A group of individuals not related by blood, marriage, adoption
or guardianship living together in one dwelling unit as a single housekeeping
unit under a common housekeeping plan based on an intentionally structured
relationship providing organization and stability.
GROUP HOME
A residence occupied by eight or fewer persons unrelated by blood, marriage, adoption or guardianship which live together as a single housekeeping unit. Such homes include, but are not limited to, homes for orphans, foster children, the elderly, mentally or physically handicapped persons, battered children and women, and specialized treatment facilities providing less than primary health care. Group homes of eight or fewer residents, excluding staff, shall be permitted in all districts which permit singlefamily residential uses. (See also §
27-412.)
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 Department of Health of the Commonwealth to
grow and process medical marijuana.
HAZARDOUS MATERIALS
Any substance or mixture of substances that presents a danger
to the public health or safety and includes, but is not limited to,
a substance that is toxic, corrosive, or flammable. Hazardous materials
shall include substances identified on the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), 40 CFR PART 355-Appendix
A, as amended. Hazardous materials shall include all substances regulated
by the Pennsylvania Department of Environmental Protection pursuant
to the Storage Tank and Spill Prevention Act (Act 32), as amended.
Hazardous materials shall include additives and substances used in
the process known as hydraulic fracturing a/k/a fracking.
HAZARDOUS MATERIALS OPERATION
Any activity involving the storage, processing, manufacture, disposal, repackaging, or distribution of hazardous materials as defined above. Hazardous materials operation shall not include those activities customarily incidental to the “permitted principal uses and structures” enumerated in §§
27-303,
27-304,
27-305,
27-306,
27-307,
27-308 and
27-309.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
C.
Individually listed on a State inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved State program as determined by the Secretary
of the Interior.
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HOME OCCUPATION
An accessory use or occupation operated for gain or profit conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. In the A-R-I District, a farm-related home occupation may also be situated in an accessory farm building located on the same lot as the operator’s dwelling. (See also §
27-609.)
HORTICULTURE
The growing of fruits, vegetables, flowers, ornamental plants,
shrubs, or trees for profit.
HOSPITAL
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, deformity and other abnormal physical or mental
conditions, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training operations.
HOTEL
A building or structure containing rooms intended or designed
to be used, rented or occupied for sleeping purposes by overnight
guests, where such rooms have no independent outside access and where
provision may be made for dining room or restaurant facilities, or
meeting or conference rooms with the building.
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas
within which the community has selected to enforce floodplain regulations.
It will always include the area identified as the Special Flood Hazard
Area on the Flood Insurance Rate Maps and Flood Insurance Study, but
may include additional areas identified by the community. See Sections
4.01 and 4.02 for the specifics on what areas the community has included
in the identified floodplain area.
IMPERVIOUS SURFACE
The percentage of a lot that does not absorb precipitation.
For the purpose of this Chapter, all buildings, structures, parking
areas, driveways, road sidewalks, and any areas in concrete, asphalt,
or similar materials shall be considered impervious surfaces.
IMPROVEMENTS
Physical changes to the land, including but not limited to
grading, paving, curbs, gutters, storm sewers and drains, improvements
to existing watercourses, sidewalks, street signs, monuments, water
supply facilities, sewage collection facilities and streetlights.
INDUSTRIAL OPERATIONS
For the purposes of this Chapter, industrial operations shall be defined as those manufacturing, assembly and processing activities itemized in Part
3, the district regulations, and meeting the supplementary regulations set forth in §
27-421. (See also “light industrial use.”)
INDUSTRIAL PARK
A tract of land which has been planned, developed and is
operated as an integrated facility for a number of individual industrial
uses, with special attention to circulation, parking, utility needs,
aesthetics and compatibility.
INSTITUTIONAL RESIDENCE
Establishments primarily engaged in the provision of residential
social and personal care for children, the elderly, and other special
categories of persons with some limits on their ability for self care,
but where medical care is not a major element. These uses include,
but are not limited to, group foster homes; residential alcohol and
drug rehabilitation centers with incidental health care; children's
boarding homes; halfway homes for persons with social or personal
problems, except halfway homes for delinquents, offenders and other
adjudicated individuals, and not including training schools for delinquent
and other adjudicated individuals; homes for disturbed individuals;
homes for the deaf and blind; homes for emotionally disturbed or mentally
or physically handicapped persons, with health care incidental; and
group homes for nine or more residents, excluding staff. Residents
of these facilities would be treated by staff in an institutional
setting rather than living independently. Institutional housing where
there is commercial rental or condominium ownership is also included
in this category, with the exception of personal care homes defined
herein. Such facilities may also require licensing by the Pennsylvania
Department of Health or the Pennsylvania Department of Human Services
or other State agencies.
INTERSTATE HIGHWAY SYSTEM
That portion of the national system of interstate highways
located within the Commonwealth as officially designated by the State
and/or U.S. Departments of Transportation.
JUNK
Any discarded article or material not ordinarily disposed
of as rubbish, garbage, or refuse and including, but not limited to,
scrap metal, scrapped, abandoned or junked automobiles, machinery,
equipment, paper, rags, glass containers and other salvageable materials.
For purposes of this Chapter, the term “junk” shall not
include hazardous wastes or materials, industrial residual wastes,
or municipal wastes as defined in the Pennsylvania Solid Waste Management
Act.
JUNK VEHICLE
A.
A motor vehicle, recreational vehicle, trailer or truck, or
the chassis or body of such vehicle, that does not meet at least two
of the following three conditions:
(1)
Does not display a license plate with current state registration
sticker.
(2)
Does not have a valid state safety inspection sticker.
(3)
Cannot be immediately operated on a public street.
(4)
Also, any motor vehicle that has been demolished beyond reasonable
repair shall be considered a “junk vehicle.”
JUNKED OR ABANDONED MOTOR VEHICLE
An inoperable motor vehicle or a motor vehicle not bearing a current license or inspection which is stored outside of an enclosed building, and is not associated with a legitimate business operation or completely covered by an opaque or non-transparent tarp. (See also §
27-602.)
JUNKYARD
Any outdoor establishment, place of business, or use of land
which is maintained, used or operated for storing, keeping, buying
or selling junk or junked or abandoned motor vehicles. For the purposes
of this Chapter, such facility may also be referred to as an auto
salvage operation or scrap processing facility.
KENNEL
For the purposes of this Chapter, a kennel shall be defined as an establishment where five or more dogs or domesticated animals more than six months old are housed, groomed, bred, boarded, trained or sold. House pets in a private home are excluded. In addition, all requirements of the Pennsylvania Dog Law, 3 P.S. §459.101 et seq., administered by the Pennsylvania Department of Agriculture, shall be met before establishing a kennel in the Township. (See also §
27-417.)
LAND CONSERVATION
The long-term protection and management of undeveloped land
resources, such as open space, farmland, and forestland. Strategies
are designed to achieve water quality management, flood control, habitat
protection, scenic preservation, urban revitalization, historic preservation
and new recreational opportunities.
LAND DEVELOPMENT
Any of the following activities: (1) the improvement of one
lot, or two or more contiguous lots, tracts or parcels of land for
any purpose involving: (i) a group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or (ii) the division or allocation of land
or space, whether initially or cumulatively, between or among two
or more existing or prospective occupants by means of, or for the
purpose of, streets, common areas, leaseholds, condominiums, building
groups, or other features; or (2) a subdivision of land.
LANDOWNER
The legal or beneficial owner(s) of land, including the holder
of an option or contract to purchase (whether or not such option is
subject to any condition), a lessee, if he is authorized under the
lease to exercise the right of the land owner or other person having
a proprietary interest in the land.
LANDSCAPING
Grass and other plantings such as trees, shrubs and/or bushes.
LAUNDROMAT
A business premises equipped with individual clothes washing
and drying machines for the use of retail customers. For the purposes
of this Chapter such facilities shall not include laundry facilities
provided as an accessory use, such as those provided for an apartment
building.
LIGHT INDUSTRIAL USE
A manufacturing, assembly, or processing activity that produces a negligible amount of noise, smoke, odor, dust, vibration, or glare as a result of the activity and meets the performance standards of this Chapter. (See also §
27-421.)
LIVESTOCK
For the purposes of this Chapter, livestock shall be defined
to include cows, pigs, horses, and similar types of farm animals.
LOADING BERTH
A space accessible from a street or alley in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
B.
LOT, CORNER
A lot with two adjacent sides abutting on streets. A lot
abutting on a curved street shall be considered a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street line intersect at an interior angle of less
than 135°.
C.
LOT DEPTH
The distance measured from the front lot line to the rear
lot line.
D.
LOT, DOUBLE FRONTAGE
A lot which extends from one street along its front lot line
to another street along its rear lot line, which streets do not intersect
at the boundaries of the lot.
E.
LOT, REVERSE FRONTAGE
A double frontage lot which is not accessible from one of
the streets upon which its fronts, usually due to topographic constraints
or safety considerations.
F.
LOT WIDTH
The distance measured between the side lot lines at the required
building setback line; in a case where there is only one side lot
line, between such lot line and the opposite lot line.
LOT LINES
The property lines bounding the lot.
A.
LOT LINE, FRONT
The line separating the lot from a street right-of-way; or
where a lot has no road frontage, the lot line opposite of the rear
lot line.
B.
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line.
LOT OF RECORD
A lot which individually or as a part of a subdivision has
been recorded in the office of the Recorder of Deeds of Lycoming County,
Pennsylvania.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished flood resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building; provided, that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this Chapter.
LUMBER YARD
A business establishment primarily engaged in the sale of
lumber and related products to contractors or the general public.
MACHINERY REPAIR AND SERVICE FACILITY
A workshop, manufacturing facility, or other industrial operation
where machines are built, repaired or assembled. For the purposes
of this Chapter, such facilities shall include tool and die making,
engine rebuilding, and similar types of activities.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
MANUFACTURING
The act of producing, preparing or assembling finished products
or goods from raw materials or component parts through the repetitious
use of an established or set process.
MARIJUANA
All parts of the plant Cannabis, whether growing or not,
with a THC concentration greater than 0.3% on a dry weight basis;
the seeds thereof; the resin extracted from any part of the plant;
and every compound manufacture, salt, derivative, mixture or preparation
of the plant, its seeds or resin used for medical treatments.
MARKET VALUE
The fair market price of a structure or property as determined
by an appraiser or insurance adjuster; the price at which both buyer
and seller are willing to do business.
MASSAGE PARLOR
An establishment in which there exists the offering or furnishing
of services in which “specified sexual activities” occur.
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in the ordinance
codified in this Section.
MINERAL EXTRACTION OPERATION
The commercial extraction of sand, gravel, clay, shale, rock
or other natural mineral deposits from the earth, including the extraction
of oil or gas reserves.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall any minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electrical wiring or mechanical
or other work affecting public health or general safety.
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 PAD OR STAND
That part of an individual mobile home lot which has been
reserved for the placement of a mobile home and appurtenant structures
and connections.
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. For floodplain management purposes, the term shall also include facilities for the placement of two or more park trailers, travel trailers, recreational vehicles, and other similar types of manufactured housing for a period of time exceeding 180 consecutive days. (See also §
27-410.)
MODULAR HOMES
Factory-built industrialized homes that are assembled at
the site. These must comply with the state’s Industrialized
Housing Act, which adopted the model building codes and works in tandem
with the Uniform Construction Code’s installation regulations.
MOTEL
A building or structure arranged or used for sheltering,
sleeping, and/or feeding of transient or overnight guests, where each
unit has independent outside access and where provision is made for
only limited cooking in any individual room.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid, or contained gaseous
material resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities; and
sludge not meeting the definition of residual or hazardous waste as
defined in the Pennsylvania Solid Waste Management Act, 35 P.S. §6018.101
et seq., from a municipal, commercial, or institutional water supply
treatment plant, waste water treatment plant or air pollution control
facility. The term does not include sourceseparated recyclable materials.
MUNICIPAL WASTE LANDFILL
A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition landfill or a facility for the land application of sewage sludge. (See also §
27-424.)
NATURAL AREA
An undisturbed area, left in its natural state.
NEIGHBORHOOD COMMERCIAL ACTIVITIES
Retail stores, shops, or establishments designed to provide
service to a limited neighborhood area, including convenience stores,
general stores, antique or gift shops, equipment repair facilities,
drug stores, florist shops, antique shops, variety shops, personal
service businesses or similar types of facilities.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after May 14, 2016, and includes any subsequent improvements
to such structures. Any construction started after December 2, 1980,
and before May 14, 2016, is subject to the ordinance in effect at
the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
NO-IMPACT HOME-BASED BUSINESS
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
residential use.
NONCONFORMING LOT
A lot which does not conform to the minimum width, depth, or other dimensional requirements specified for the district in which it is located (Part
3), including those lots which existed prior to the enactment of this Chapter. (See §
27-1202 for applicable provisions.)
NONCONFORMING STRUCTURE
A structure or part of a structure not designed or built to comply with the use or extent of use provisions of this Chapter, including those structures which lawfully existed prior to the enactment of this Chapter or amendment. Such nonconforming structures include, but shall not be limited to, nonconforming signs. (See §
27-1201 for applicable provisions.)
NONCONFORMING USE
A use of a building or land which does not comply with the applicable use regulations (Part
3) of this Chapter or amendment, including those uses which lawfully existed prior to the enactment of this Chapter or amendment. (See §
27-1201 for applicable provisions.)
NURSERY
Land or greenhouses used to raise flowers, shrubs and plants
for sale.
NURSING HOME
A state-licensed institutional establishment which provides
full-time convalescent or chronic nursing and/or medical care. Such
facilities shall not provide surgical, obstetrical or other services
generally provided by a hospital.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or other matter in,
along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of water, either in itself or by catching or collecting debris carried
down-stream to the damage of life or property.
OPEN SPACE
Space not occupied by a structure, open to the sky, and on
the same lot with the building or structure.
A.
OPEN SPACE, COMMON
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use and enjoyment of the residents of the development
and which may include complementary structures and improvements as
are necessary and appropriate.
B.
OPEN SPACE, PUBLIC
Any land area set aside, dedicated, designated or reserved
for public enjoyment.
PARK OR PLAYGROUND
A public, semi-public or private park or park-type facility which provides outdoor recreational enjoyment and activity, either for free or on a fee basis. Such facilities may include tennis or basketball courts, baseball or other athletic fields, swimming, hiking and picnic areas, and playgrounds and may also include buildings and accessory structures. Activities may be organized to include day camps, leagues or other groups or may be strictly independent. (See §
27-428.) See also “recreation area.”
PARKING SPACE
An off-street area on a lot available for the parking of one motor vehicle and having direct, useable access to a street or road. For the purposes of this Chapter, parking space shall include uncovered lot space located off of any right-of-way, but shall exclude all enclosed garage space. (See also Part
11.)
PARTY WALL
A wall on an interior lot line or a wall adapted for joint
service between two buildings, i.e., a common wall.
PERMITTED USE
A use allowed in a zoning district, subject to the applicable
district regulations, and approved by the Zoning Officer.
PERSON
An individual, partnership, public or private association
or corporation, 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.
PERSONAL CARE HOME
A State-licensed institutional facility providing supervised
care services, including meals and less than full-time skilled or
intermediate nursing care, for individuals, usually the elderly.
PERSONAL SERVICE BUSINESS
For the purposes of this Chapter, a personal service business
shall include but need not be limited to a barber shop, beauty parlor,
self-service laundry and dry cleaning establishment, a tailor or dressmaking
shop, small appliance or equipment repair facility, or other establishment
of a related nature.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, destiny,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of municipal zoning ordinance.
POST-FIRM STRUCTURE
Is a structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community’s
initial Flood Insurance Rate Map (FIRM) dated December 2, 1980, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
Is a structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community’s
initial Flood Insurance Rate Map (FIRM) dated December 2, 1980, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
PRIMARY HIGHWAY SYSTEM
That portion of connected main highways located within the
Commonwealth as officially designated by the State or U.S. Departments
of Transportation.
PRIMARY RESIDENCE
This is the fixed place of abode where the owner intends
to reside permanently until the person moves to another home.
PROFESSION
The practice of medical, or osteopathic doctor, attorney,
dentist, public accountant, architect, chiropractor, professional
engineer, or any other occupation regulated by the Pennsylvania Board
of Professional Licensure.
PROFESSIONAL OFFICE OR STUDIO
The office of a member of recognized profession. A professional
office may be considered a home occupation when conducted from a residence,
by a member of the resident family and when the office is only secondary
to the residential use of the dwelling.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Township
Supervisors, Township Planning Commission, or Township Zoning Hearing
Board, intended to inform and obtain public comment, prior to taking
action in accordance with this Chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. §701 et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
RECREATION AREA
An outdoor public, semi-public, or private facility intended to provide recreational enjoyment to or for its users, i.e., a park, playground, tot lot, or similar facility. (See §
27-428.) See also “park” or “playground.”
RECREATIONAL OR INSTITUTIONAL DEVELOPMENT
A commercial, outdoor recreational facility, including a
golf course, golf driving range, a miniature golf course, ski area,
church or service-club affiliated camp, a shooting preserve or sporting
clays range, and similar facilities.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis, not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck,
not designed for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOOD
The flood that has been selected to serve as the basis upon
which the floodplain management provisions of this Chapter have been
based; the 100-year flood.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1½ feet.
RESTAURANT
A retail establishment where food and drink is prepared,
served and consumed, primarily within the principal building.
RETAIL BUSINESS ESTABLISHMENT
A place of business engaged in selling goods and merchandise
to the general public for personal or household use and rendering
services incidental to the sale of such goods.
RIDING ACADEMY
Any establishment where horses are kept for riding, jumping
or showing for compensation or incidental to the operation of any
club, association or similar group.
ROADSIDE STAND
A temporary or permanent booth, stand or shelter located
along a roadway (but off of the road right-of-way) from which farm,
nursery or greenhouse products are offered for sale to the general
public.
SATELLITE DISH
For the purposes of this Chapter, a satellite dish antenna shall be defined as an accessory structure (exterior antenna) capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit. (See also “exterior antennas” and §
27-610.)
SAWMILL
A building or business establishment equipped with machinery
for cutting lumber is cut into boards.
SCHOOL
An establishment or facility, or part thereof, which is designed,
constructed, or used for public or private education or instruction
in any branch of knowledge.
SCREEN PLANTING
The provision of a barrier to visibility, glare and noise between adjacent properties made of plant materials, such as trees or shrubs which will be of such species that will produce the desired visual screen. Such plantings shall however adhere to the requirements of §
27-507 and shall be broken at points of vehicular or pedestrian access or utility easements.
SEWAGE FACILITY
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of the Commonwealth or otherwise
provide for the safe and sanitary treatment and disposal of sewage
or other wastes.
SEWAGE SYSTEM, COMMUNITY
A sewage facility, whether publicly or privately owned, for
the collection of sewage from two or more equivalent dwelling units
and the treatment or disposal, or both, of the sewage on or more of
the lots or at another site.
SEWAGE SYSTEM, INDIVIDUAL
A sewage facility, whether publicly or privately owned, located
on a single lot and serving one equivalent dwelling unit and collecting,
treating, and disposing of sewage in whole or in part into the soil
or into waters of the Commonwealth or by means of conveyance of retaining
tank wastes to another site for final disposal.
SHOPPING CENTER
For the purposes of this Chapter, a shopping center shall
be defined as a group of three or more commercial establishments,
planned, developed, owned and managed as a unit and related in location,
size and type of shops to the trade area that the unit serves; it
provides on-site parking in definite relationship to the types and
sizes of stores. This definition shall also include the term “shopping
mall.”
SIGN
Any device, structure or object used for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge, or insignia of any government. (See §
27-1001 for definitions of various types of signs.)
SIGN, ANIMATED
A sign with action or motion; revolving, flashing or color
changes, requiring electrical energy, electronic or manufactured sources
of supply. For the purposes of this Chapter, this definition shall
not be meant to include public service signs such as time and temperature
units or changeable message signs.
SIGN AREA
The entire face of a single side of a sign, including all
advertising surface and any framing, trim, molding, or border area,
but excluding any supporting framework or bracing.
SIGN, CHANGEABLE COPY (AUTOMATIC)
A sign on which the copy changes automatically on a lamp
bank or through mechanical means, e.g., electrical or electronic time
and temperature units or changeable message signs.
SIGN HEIGHT
The vertical distance measured from the highest point of
the sign, excluding decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is
less.
SLAUGHTER HOUSE
A building or structure where animals are butchered. Such a facility may be associated with an animal husbandry operation or may be an independent, principal use in an agricultural district. (See also §
27-425.) (See also “concentrated animal feeding operations.”)
SOLAR ARRAY
A system of a group of solar panels connected together.
SOLAR EASEMENT
A right, expressed as an easement, restriction, covenant,
or condition contained in any deed, contract, or other written instrument
executed by or on behalf of any landowner for the purpose of assuring
adequate access to direct sunlight for solar energy systems.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
SOLAR ENERGY FACILITY (SEF)
An area of land used for a solar collection system principally
to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for off-site
use. Principal solar energy systems 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.
SOLAR ENERGY PROJECT
A grouping of two or more solar energy facilities which are
held by the owner or leased to a common lessor, and which are part
of a single solar energy production development project.
SOLAR ENERGY PROJECT OWNER
The individual, group or entity responsible for the permitting,
construction and operation of a solar energy facility or solar energy
project (SEF developer).
SOLAR FACILITY CONNECTION
The high-voltage electric conveyance lines which connect
a solar energy facility to the solar project connection.
SOLAR PANEL
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
SOLAR PROJECT CONNECTION
The electric conveyance lines which connect a solar energy
facility to the high-voltage electric interconnection grid.
SOLAR-RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and foundations or other
structures used for or intended to be used for collection of solar
energy.
SOLID WASTE
Any waste, including but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semi-solid or contained
gaseous materials. (See also “municipal waste.”)
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, A1-A30, AE, A99, or, AH.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
SPECIFIED ANATOMICAL AREAS
For the purposes of this Chapter, such areas shall include
less than completely and opaquely covered: human genitals, pubic region;
buttock; female breast below a point immediately above the top of
the areola; and human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
For the purposes of this Chapter, such activities shall include
sexual stimulation or arousal of human genitals; acts of human masturbation,
oral sex, sexual intercourse or sodomy; and/or fondling or other erotic
touching of human genitals, pubic region, buttock, or female breast.
STABLE
A building in which one or more horses are boarded, whether
or not for compensation, hire or sale.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The “actual start” means
either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the “actual start of construction” means the first alteration
of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of
the building.
STORAGE
A place or space for storing goods, articles of personal
property, materials, etc.
B.
STORAGE, OFF-LOT
Storage of recreational vehicles, campers, boats, antique
cars or other similar types of vehicles, equipment, or other man-made
materials on a lot other than that occupied by the owner of the item(s),
whether or not the item(s) is stored in a completely or partially
enclosed building or stored outside of a building.
C.
STORAGE, ON-LOT
For the purposes of this Chapter, “on-lot storage” shall be defined as storage of recreational vehicles, campers, boats, antique cars or other similar types of vehicles, equipment or other man-made materials on a lot occupied by the owner of the item(s), whether or not the item is stored in a completely or partially enclosed building or stored outside of a building. (See also §
27-602.)
D.
STORAGE, OUTSIDE/UNENCLOSED
Storage, as accessory or incidental to an approved, principal use in a Commercial or Industrial District, of goods, materials, or merchandise outside of a fully enclosed building or structure. (See also §
27-603.)
E.
STORAGE TRAILER, ACCESSORY
For the purposes of this Chapter, an accessory storage trailer shall be defined as 1) that part of a tractor trailer truck which is pulled by the tractor, but which has been detached from the tractor, placed on a lot with a principal use, and is being used for storage, as an accessory use, or 2) a mobile home, travel trailer, or other similar type of manufactured housing unit, not being utilized for residential purposes, which has been placed on a lot with a principal use and is to be used exclusively for accessory storage purposes. (See also §
27-604.)
STORY
That portion of a building included between the surface of
any floor and the surface of the floor or ceiling next above it.
A.
STORY, HALF
A space under a sloping roof where the line of intersection
of the roof and wall plate is not more than three feet above the floor
level, and in which space the possible floor area with head room of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
STREET
Any thoroughfare, whether public or private, located in whole
or in part within Wolf Township, excluding alleys. The word “road”
may be used interchangeably with the word “street.”
STREET LINE
The dividing line between the street right-of-way and the
lot.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including
buildings, sheds, radio towers, fences and signs, but excluding poles,
playground equipment, mailboxes, lawn ornaments and other similar
objects. For floodplain management purposes, the term shall also include
a gas or liquid storage tank, that is principally above ground, as
well as a mobile or manufactured home.
A.
STRUCTURE, ACCESSORY
A structure detached from a principal structure located on
the same lot and customarily incidental and subordinate to the principal
building, structure or use.
STUDIO
A place where a musician or artist does his work.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
SUBSTANTIAL DAMAGE
Damage of any cause 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 the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any 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
regardless of the actual repair work performed. The term does not,
however, include 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.
SWIMMING POOL
Any structure intended for swimming, recreational bathing
or wading that contains water over 24 inches deep. This includes in-ground,
above-ground, and on-ground pools; hot tubs; spas and fixed-in-place
wading pools.
TEMPORARY PERMIT
A permit authorized by the Zoning Officer for a nonpermanent
building, structure or use where such structure or use is deemed to
be beneficial to the public health or general welfare or necessary
to promote the proper development of the Township, or for temporary
accessory uses. (See also §27-1503.10.)
TEMPORARY USE
A short-term use or special activity which occurs in the
Township and exists for less than one year. It may include but is
not limited to, carnivals, circuses, openair cultural, religious or
sporting events. Although such a use may be held periodically, in
order to retain its temporary status, it may not be an on-going operation
or use.
TRANSIENT LODGING FACILITY
A building or structure arranged or used for sheltering,
sleeping, and/or feeding of transient or overnight guests. The length
of time for a guest’s stay at the facility is temporary. This
use includes inns and other similar types of residential lodging establishments.
Dining facilities associated with such uses may also be open or available
to the public if authorized by the proper Township officials.
TRANSPORTATION TERMINAL
Any building or premises upon which a business, service or
industry involving the maintenance, servicing, storage or repair of
commercial vehicles is located or conducted, including the dispensing
of motor fuel or other petroleum products, the sale of accessories
or equipment for motor vehicles, or the storage of cargo. Such uses
may also include overnight accommodations and restaurant facilities
intended primarily to serve the needs of drivers or the motoring public.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the State floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
USE
The specific purpose or activity for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
A.
USE, ACCESSORY
A use subordinate to the principal use of a building or structure
located on the same lot and serving a purpose customarily incidental
to the use of the principal building or structure. If no principal
use exists on a lot with a lawful accessory use, then such accessory
use shall be considered a principal use.
UTILITY SHED
A detached accessory building to be used for the on-lot storage
of personal property excluding therefrom automobiles.
VARIANCE
A modification of the provisions of this Chapter which the
Zoning Hearing Board is permitted to grant when strict enforcement
would cause undue hardship owing to circumstances unique to the individual
property on which the variance is sought. It also can be a grant of
relief by a community from the terms of a floodplain management regulation.
(See §27-1302C for additional details and criteria to be utilized
when a variance is requested.)
VETERINARY HOSPITAL OR CLINIC
An establishment where animals are given medical or surgical
treatment and their boarding is limited to short-term care incidental
to the treatment.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community’s floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR §60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
WAREHOUSING FACILITY
A building used primarily for the storage of goods and materials,
including facilities handling freight for a specific commercial or
industrial operation and those facilities available to the general
public containing separate storage spaces of varying sizes leased
or rented on an individual, self-service basis. Warehousing facility
shall not include the storage of hazardous materials.
WATER FACILITY
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
WATER SYSTEM
A water facility providing potable water to individual lots
or the public for human consumption.
B.
WATER SYSTEM, OFF-LOT
An approved system in which potable water is supplied to
a dwelling or other building from a central water source which is
not located on the lot with the dwelling or building.
C.
WATER SYSTEM, ON-LOT
A well or other approved system designed to provide potable
water to a dwelling or other building located on the same lot as the
source.
D.
WATER SYSTEM, PUBLIC
A water system as defined by the Pennsylvania Department
of Environmental Protection which has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at
least 60 days out of the year.
WILDLIFE CORRIDOR
An area of habitat connecting wildlife populations separated
by human activities or structures (such as roads, development, or
logging).
YARD
An open space which lies on the same lot with a building
or structure, unoccupied and unobstructed from the ground upward.
A.
YARD, FRONT
An open space extending the full width of the lot between
the principal building or structure and the street right-of-way line
or front lot line, unoccupied and unobstructed from the ground upward.
B.
YARD, REAR
An open space extending the full width of the lot between
the principal building or structure and the rear lot line, unoccupied
and unobstructed from the ground upward.
C.
YARD, REQUIRED
The minimum area or open space required by this Chapter to
be provided between any front, side or rear lot line and a principal
or accessory building(s) or structure(s) on the lot.
D.
YARD, SIDE
An open space extending from the front yard to the rear yard
between the principal building or structure and the side lot line,
unoccupied and unobstructed from the ground upward.
ZONING HEARING BOARD
The Zoning Hearing Board of Wolf Township, Lycoming County,
Pennsylvania; appointed by the Township Supervisors.
ZONING MAP
The Official Zoning Map of Wolf Township, Lycoming County, Pennsylvania, together with all notations, references and amendments which may subsequently be adopted. Said map is made a part of this Chapter as established in §
27-203.
ZONING OFFICER
The administrative officer duly appointed by the Township
Supervisors and charged with the duty of enforcing the provisions
of this Chapter, the Wolf Township Zoning Ordinance.
ZONING PERMIT
A.
The permit required for the construction alteration, raising,
or change of use of any building or structure.
B.
A permit stating that the purpose for which a building or land
is to be used is a conformity with the uses permitted and all their
requirements.
ZONING PERMIT APPLICATION
An application submitted to the Zoning Officer to apply for
a zoning permit. Any reference to a zoning permit application shall
mean an administratively complete zoning application.