The following words, terms or phrases shall have the following meanings
unless expressly stated otherwise or unless the context clearly indicates
otherwise. Any word or term not defined shall be used with a meaning
of standard usage within the context of the section, unless specifically
defined in the Straban Township Subdivision and Land Development Ordinance or other relevant Township ordinances.
ABANDONMENT
The relinquishment of lessee property, or a cessation of
the use of the property, by the owner with the intention neither of
transferring rights to the property to another owner nor of resuming
the use of the property. For the purpose of this chapter, abandonment
shall commence when reasonable efforts to reestablish (such as lease,
rental, sale, etc.) the property or use have ceased.
ACCESS DRIVE
A public or private drive, other than a driveway for one
single-family detached or two-family dwelling, which provides for
vehicular access between a public street and abutting parcels.
ACCESSORY BUILDING/STRUCTURE
A subordinate building or structure serving a purpose customarily
incidental to the use of the principal building, structure or principal
use and located on the same lot as the principal building, structure
or principal use.
ACCESSORY SOLAR ENERGY SYSTEM (ASES)
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 energy 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.
[Added 1-2-2024 by Ord. No. 2024-01]
ACCESSORY USE
A use of land or of a building customarily incidental and
subordinate to the principal use of the land or building and located
on the same lot with the principal use.
ACCESS POINT
One combined entrance/exit point, or one clearly defined
entrance point separated from another clearly defined exit point.
This term shall not include accessways or driveways that are strictly
and clearly limited to use by only emergency vehicles.
ACT
The Pennsylvania Municipalities Planning Code, No. 247 of
the Acts of 1968, as amended.
ADULT BUSINESS
An establishment open to the general public or a private
club open to members, except minors, which is used and occupied for
one or more of the following activities and is defined further by
the following definitions:
(1)
ADULT BOOKSTOREAny establishment which derives a substantial and significant portion of its gross receipts from the sale, distribution or exhibition of any literature, book, magazine, pamphlet, newspaper, storypaper, paper, comic book, writing, drawing, photograph, figure, audiotape or videotape, or motion picture which is pornography under the meaning ascribed to the word by this section and which expressly prohibits entry to minors.
(2)
ADULT THEATERAny establishment operated for the purpose of showing motion-picture films to patrons, whether such patrons observe the motion-picture film while seated in the interior of the building or while seated in automobiles, which derives a substantial and significant portion of its gross receipts from the exhibition of films which are pornography under the meaning ascribed to that term in this section and which expressly prohibits entry to minors.
(3)
MASSAGE PARLORAny establishment offering a service where any part of the patrons' bodies are massaged, caressed, stroked, pounded, rubbed or treated in a similar fashion by members of the opposite sex, whether or not such activity involves the use of oils, creams, liniments, ointment or similar substances. Such use does not include massage therapy businesses conducted by a masseuse licensed by the Commonwealth of Pennsylvania.
(4)
NUDITYThe showing of the human male or female genitals or pubic area or buttocks with less than a fully opaque covering or the showing of female breast with less than fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
(5)
OTHER ADULT USESAny establishment in which conduct, activity or the sale, distribution or exhibition of film, digital, printed or drawn material which is pornography within the meaning ascribed to that word in this section is the source of a substantial and significant portion of gross business receipts. Such other adult uses shall include but not be limited to nude wrestling, male or female erotic dancers or strippers and escort centers.
(6)
PORNOGRAPHYThe depiction or dissemination of nudity, sexual conduct, sadomasochistic abuse or explicit and detailed verbal descriptions or narrative accounts of nudity, sexual excitement, sexual conduct or sadomasochistic abuse which, to the average person applying contemporary community standards, has as its dominant theme, taken as a whole, an appeal to prurient interest.
(7)
SADOMASOCHISTIC ABUSEFlagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(8)
SEXUAL CONDUCTActs of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
(9)
SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal.
AGE-QUALIFIED HOUSING
A planned development of land that contains "housing for
older persons" as that phrase is defined in the Fair Housing Act,
42 U.S.C. § 3601 et seq., as amended, or Pennsylvania Human
Relations Act, 43 P.S. § 951 et seq., as amended.
AGRIBUSINESS OPERATION
Agricultural uses that involve but are not necessarily limited
to one or more of the following conditions:
(2)
CONCENTRATED ANIMAL OPERATIONAn animal feeding operation which is required to develop a nutrient management plan in accordance with the Pennsylvania Nutrient Management Law.
(3)
PRODUCTION OPERATIONAn agricultural operation which occurs within an enclosed structure or group of structures designed solely for animal and/or vegetable production and exceeds 5,000 square feet. A general purpose barn primarily used for the storage of equipment, silage and the indoor housing of pasture animals is not considered a production operation regardless of size.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
[Added 10-7-2019 by Ord.
No. 2019-01]
AGRICULTURAL ROADSIDE STAND
A structure for the display and sale of farm products. An
agriculture roadside stand is either of a temporary or permanent nature.
(2)
PERMANENT ROADSIDE STANDA structure utilized to sell farm produce throughout the year from a permanently erected structure and meeting the area, dimensional, parking and signage requirements set forth in this chapter.
AGRICULTURE
[Added 10-7-2019 by Ord.
No. 2019-01]
(1)
The cultivation of the soil and the raising and harvesting of
the products of the soil, including nursery and horticulture but excluding
forestry;
(2)
Animal husbandry, poultry farming, and dairy farming, excluding
kennels.
(3)
It does not include the treatment or processing of solid waste
other than agricultural waste, as defined in the Pennsylvania Solid
Waste Management Act, accessory to the agricultural use.
AGRIVOLTAICS
The co-development of the same area of land for both solar
and photovoltaic power and conventional agriculture.
[Added 1-2-2024 by Ord. No. 2024-01]
ALLEY
A minor street, publicly or privately owned, intended and
used primarily for vehicular access to the rear of properties which
abut another street.
AMATEUR RADIO ANTENNA
An accessory structure or device, partially or wholly exterior
to a building, that is used for receiving and/or transmitting electronic
signals or short-wave or citizen's band radio frequencies, including
ham radios. Amateur radio antennas are not considered communications
towers and antennas as regulated in this chapter.
AMENDMENT
A change in use in any district which includes revisions
to the Zoning Ordinance text and/or the Zoning Map.
ANIMAL HUSBANDRY
The raising and keeping of livestock and poultry, not including
agribusiness operations as defined herein, with the intent of producing
capital gain or profit or the intent of selling any livestock or poultry
products, excluding accessory kennels or stables.
APPLICANT
A landowner or developer, including heirs, successors and
assigns, as hereinafter defined, who has filed an application for
development.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
ARCHITECTURAL BREAK
The corner of a projection along an elevation of a building.
The exterior corners of a covered porch and a projection with a height
of no less than six feet and projection of no less than two feet shall
count as an architectural break.
[Added 10-4-2021 by Ord. No. 2021-04]
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
BASE FLOOD
A flood which has a one-percent chance of being equaled or
exceeded in any given year ( also called the "100-year flood" or "one
percent-annual-chance flood").
[Added 7-6-2020 by Ord. No. 2020-03]
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 one-percent or greater chance of
being equaled or exceeded in any given year.
[Added 7-6-2020 by Ord. No. 2020-03]
BASEMENT
An enclosed floor area partly or wholly underground. A basement
shall be considered a "story" if more than 50% of the perimeter walls
at the basement ceiling height are six feet or higher above the adjacent
finished grade.
BED-AND-BREAKFAST INN
Overnight accommodations and a morning meal in a dwelling
unit provided to transients for compensation.
BOARD
The Zoning Hearing Board of Straban Township.
BUFFER
An area which contains no structures or other improvements
(including but not limited to parking lots, storage areas, accessory
buildings) other than landscaping and stormwater management ponds
or basins, providing space between a use and the abutting and adjacent
properties.
BUILDING
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
[Amended 7-6-2020 by Ord. No. 2020-03]
BUILDING COVERAGE
The percentage obtained by dividing the maximum horizontal
area in square feet of the ground floor(s) of all principal and accessory
buildings on a lot by the total lot area, as defined by this chapter,
of the lot upon which the buildings are located.
BUILDING PERMIT
A document issued by the Zoning Officer to indicate that
plans for new construction, alteration of a building, alteration of
a site plan and/or change of use of a property comply with all applicable
land use laws and regulations of the Township. It does not signify
compliance with or adherence to any requirements for construction
of improvements regulated by the Pennsylvania Construction Code Act, the Uniform Construction Code or their amendments, alterations
and/or replacements. A building permit as defined herein may also
be known as a "land use building permit."
BUILDING, PRINCIPAL
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
BUILDING SETBACK LINE
A line within a property designating the minimum distance
that shall be provided between any building or structure and an adjacent
right-of-way line, property line or street line, whichever shall apply.
BUSINESS/COMMERCE PARK
A tract of land that is planned and developed under a unified
design scheme, and operated as an integrated facility for a number
of individual permitted business uses regardless of ownership, either
common or single and separate, with consideration to transportation
facilities, circulation, parking, utility needs, aesthetics and compatibility.
CALIPER
The diameter of the main trunk of a tree. Caliper measurement
shall be taken at a point on the trunk six inches above the natural
ground line.
CAMPGROUNDS AND FACILITIES
A use that is primarily recreational in nature and involves
the use of tents or sites leased for recreational vehicles for transient
and seasonal occupancy by persons recreating or traveling, or the
use of tents or cabins for seasonal occupancy by organized groups
of persons.
CEMETERY
Land or buildings used for the burial of the dead.
CERTIFICATE OF OCCUPANCY
A document issued by the Zoning Officer to indicate that
completed new construction, alteration of a building, alteration of
a site plan and/or change of use of a property is in compliance with
all applicable land use laws and regulations of the Township. It does
not signify compliance with or adherence to any requirements for construction
of improvements regulated by the Pennsylvania Construction Code Act, the Uniform Construction Code or their amendments, alterations
and/or replacements. A certificate of occupancy as defined herein
may also be known as a "land use certificate of occupancy."
CLUB and/or LODGE
A building and/or structure utilized as a private club offering
food and/or drink privileges to members and their guests.
CLUSTER RESIDENTIAL LOT
Designated parcels of land, smaller than otherwise permitted
in the district in which the parcels are located, established by the
subdivision of a tract of land greater than 10 acres, which may be
developed as a grouping of single-family residences located to minimize
adverse impacts on surrounding environmental features and to provide
access to and views of surrounding open land. (See the illustration
of cluster versus conventional/standard subdivision in the attachment
to this chapter.)
COLLOCATION
The placement or installation of new wireless telecommunications
facilities on previously approved and constructed wireless support
structures, including selfsupporting or guyed monopoles and towers,
electrical transmission towers, water towers or any other structure
not classified as a wireless support structure that can support the
placement or installation or wireless telecommunication facilities.
This term includes the placement, replacement or modification of accessory
equipment within a previously approved equipment compound.
[Added 12-3-2018 by Ord.
No. 2018-01]
COMMERCIAL GREENHOUSE AND NURSERY
A commercial use primarily involving horticulture, which
includes the sale of plants grown on the premises and related goods
and materials, as well as the storage of equipment customarily incidental
and accessory to such use.
COMMERCIAL INDOOR RECREATION
Any establishment which provides recreation, amusement or
entertainment for the general public within a completely enclosed
structure for a fee or admission charge. Commercial indoor recreation
facilities may include theaters, bowling alleys, pool halls and skating
rinks. These establishments shall not include adult businesses.
COMMERCIAL KENNELS
A commercial establishment in which dogs or domesticated
animals (excluding livestock, horses or poultry) are housed, groomed,
bred, boarded, trained or sold, all for a fee or compensation.
COMMERCIAL OUTDOOR RECREATION
A use of open land for leisure-time activities, such as an
outdoor swimming pool, tennis court, drive-in theater or miniature
golf course, for a fee or admission charge.
COMMISSION
The Straban Township Planning Commission.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination
of land and water within a development site designed and intended
for the use or enjoyment of residents of a development as stipulated
in this chapter, not including streets, areas set aside for public
facilities, and off-street parking areas.
COMMUNICATIONS FACILITIES
Communication antennas, buildings, structures and towers
associated with the communications industry and in accordance with
the following definitions:
(1)
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity required to be licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen's band radio antennas.
(2)
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
(3)
HEIGHT OF A COMMUNICATIONS TOWERThe vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
(4)
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
CONDOMINIUM
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for direct or indirect
common ownership solely by the owners of those portions, pursuant
to the Uniform Condominium Act, as amended, 68 Pa.C.S.A. § 3101
et seq.; the Uniform Planned Community Act, as amended, 68 Pa.C.S.A.
§ 5101 et seq.; or other similar regime of common ownership
permitted by federal or state law and approved by the Board of Supervisors.
CONTRACTOR HEADQUARTERS
The central or main place of business of a person or entity
that agrees (or contracts) to furnish supplies and perform work at
an agreed-upon price or rate for others with the majority of such
supplies and work being performed at another site. Contractor headquarters
serve as a place where workers report to pick up work vehicles, gather
tools and supplies, and receive instructions prior to going to the
jobsite located elsewhere to perform tasks. Management and related
support staff may be located at the contractor headquarters in support
of the off-premises workers.
CONVENIENCE GROCERY STORES
A use that primarily sells household goods, groceries and
prepared ready-to-eat foods to the general public for off-site consumption
and that is contained in a building with a floor area of less than
5,000 square feet. This use may also include the accessory sale of
gasoline, provided that it is a permitted use within the zoning district
and all use regulations are met.
COTTAGE INDUSTRY
The routine, accessory and customary use of a portion of
a dwelling or its accessory buildings for the conduct of business
that is clearly incidental and secondary to the principal residential
use and is conducted primarily by one or more residents of the dwelling
in accordance with the use regulations established in this chapter.
COUNTY
The County of Adams, Commonwealth of Pennsylvania.
CROP FARMING
The raising, keeping and/or sale of field, truck or tree
crops.
DAY-CARE CENTER
A facility which provides care for a combined total of seven
or more children or adults per day, where the facility is not being
used as a residence.
DENSITY
The number of dwelling units per unit of area. It shall be
expressed in dwelling units per acre. See also "maximum density."
DEP
The Pennsylvania Department of Environmental Protection,
or its successor, and its relevant subparts.
DEVELOPER
Any landowner, agent of such landowner or tenant with permission
of such landowner, who makes or causes to be made a subdivision of
land or a land development.
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.
[Added 7-6-2020 by Ord. No. 2020-03]
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
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 Pennsylvania Department of Health under
the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101,
et seq., to dispense medical marijuana. The term does not include
a health care medical marijuana organization which has been separately
approved by the Department to dispense or grow and process in accordance
with a research study pursuant to Chapter 19 of the Act.
[Added 12-3-2018 by Ord.
No. 2018-01]
DISPLAY FIREWORKS FACILITY
As defined in the Pennsylvania Fireworks Law, 72 P.S. § 9401,
et seq.
[Added 12-3-2018 by Ord.
No. 2018-01]
DISTRIBUTION AND/OR LOGISTICS CENTER
A structure used for the receipt, order processing, storage
and distribution of goods, products, cargo and materials characterized
by the breakdown of large orders from a single source into smaller
orders or components and/or consolidation of several orders or components
into a larger order or component for distribution to one or more recipients.
[Added 10-19-2022 by Ord. No. 2022-01]
DISTRICT (or ZONING DISTRICT)
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this chapter.
DRIVE-THROUGH SERVICE
A use involving a customer being able to order and receive
food or other items or make financial transactions while the customer
remains within his vehicle.
DRIVEWAY
A private vehicular access between a public or private street
and a garage, carport or other parking space for one single-family
unit or two-family dwelling unit.
DWELLING UNIT (DU)
Any building or part thereof designed, occupied or intended
for occupancy as a separate living quarters, with cooking, sleeping
and sanitary facilities provided for the exclusive use of persons
living as a single family maintaining a household.
DWELLING UNIT TYPES
(See the graphic representation of the different dwelling
unit types in the attachment to this chapter.)
[Amended 10-4-2021 by Ord. No. 2021-04]
(1)
APARTMENT UNITOne or more rooms with private bath and kitchen facilities constituting an independent, self-contained dwelling unit. Such units may be located in a multifamily dwelling or mixed-use building.
(2)
MULTIFAMILY DWELLINGA building containing between no less than three nor more than 24 dwelling units, arranged in a side-by-side or over-and-under configuration, or combination thereof, with no more than three stories in height, where the dwelling units share common usable open space and parking lot area.
(3)
SINGLE-FAMILY ATTACHED (TOWNHOUSE)A group of at least three single-family dwelling units, where each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
(5)
SINGLE-FAMILY SEMIDETACHED DWELLINGS/DUPLEXA building designed for or occupied exclusively by two families living independently of each other, separated by an unpierced party wall extending from basement to roof, with separate dwelling unit entrances and no internal connection between the two dwelling units.
(6)
TWO-FAMILY DWELLINGA building on a single lot (or condominium unit) containing two dwelling units, each of which is totally separated from the other by an unpierced ceiling and floor extending from exterior wall to exterior wall, except for common stairwell interior to both dwelling units.
EDUCATIONAL INSTITUTIONS
Any building or part thereof which is designed, constructed
or used for public or private education or instruction of accredited
classes in any branch of knowledge.
FAMILY
An individual; two or more persons related by blood, marriage
or adoption; or not more than three unrelated persons living as a
single housekeeping unit. A family may also include domestic servants
and gratuitous guests. The foregoing restrictions do not apply to
persons with disabilities as defined in the Fair Housing Act, 42 U.S.C.
§ 3601 et seq.
FARM or FARM PARCEL
A parcel or parcels of land devoted primarily to agricultural
uses, together with a dwelling and/or other accessory uses.
FENCE
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier and that is constructed of materials
such as wood, wire, chain-link metal, vinyl, aluminum, steel or wrought
iron. Man-made barriers constructed principally of masonry, concrete,
cinder block or similar materials shall be considered a wall.
FISH HATCHERIES
An area devoted to the cultivation of fish and other seafood
for sale or distribution.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD FRINGE
The flood-fringe area shall be the area of the one-hundred-year
floodplain not included in the floodway district. The presumptive
basis for the outermost boundary of the district shall be the one-hundred-year
flood elevations contained in the flood profiles of the Flood Insurance
Study prepared for the Township by the Federal Insurance Administration
(FIA), dated January 16, 1981, or the most recent version thereof.
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.
[Added 7-6-2020 by Ord. No. 2020-03]
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.
[Added 7-6-2020 by Ord. No. 2020-03]
FLOODPLAINS
Relatively flat or low land areas which are subject to partial
or complete inundation from an adjoining or nearby stream, river,
or watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
[Amended 7-6-2020 by Ord. No. 2020-03]
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 and their contents.
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.
[Amended 7-6-2020 by Ord. No. 2020-03]
FLOOR AREA
The sum of the gross horizontal areas of all floors of a
building or structure from the exterior face of the exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
For purposes of calculating parking, floor area shall include any
outdoor sales areas.
FORESTRY
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.
FRONTAGE
The portion of a lot abutting any street right-of-way line
other than that of a limited access highway, as defined in Section
102 of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 102.
[Amended 1-3-2023 by Ord. No. 2023-01]
FULFILLMENT CENTER AND/OR RETURN CENTER
A facility used for the commercial fulfillment of customer
orders where orders are shipped to customers via truck transportation
and/or returned merchandise from customers is similarly accepted.
[Added 10-19-2022 by Ord. No. 2022-01]
FUNERAL HOME
A building devoted to the care, embalming and holding of
services for the dead, including the sale of funeral equipment as
an accessory activity.
FUTURE RIGHT-OF-WAY
The right-of-way required for the expansion of existing streets
to accommodate anticipated future traffic loads and/or a right-of-way
established through the Straban Township Comprehensive Plan and the
Straban Township Subdivision and Land Development Ordinance to provide future access to or through undeveloped lands.
GARAGE, ACCESSORY
An enclosed building for the storage of one or more motor
vehicles.
GLARE
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
[Amended 1-2-2024 by Ord. No. 2024-01]
GOLF COURSE
A site laid out for at least nine holes for playing the game
of golf and improved with tees, greens, fairways and hazards and that
may include a clubhouse, shelters, maintenance and storage facilities
and a driving range.
GOVERNING BODY
The Straban Township Board of Supervisors, Adams County,
Pennsylvania.
GREEN SPACE
A type of usable open space, providing for open space, active
recreation areas, and/or passive recreation areas, which areas shall
not include areas of steep slopes, floodplains, or easement areas.
[Amended 10-4-2021 by Ord. No. 2021-04]
GROUND FLOOR
The first floor of a building, other than a cellar or basement.
GROWER/PROCESSOR
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 under
the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101,
et seq., to grow and process medical marijuana. The term does not
include a health care medical marijuana organization which has been
separately approved by the Department to dispense or grow and process
in accordance with a research study pursuant to Chapter 19 of the
Act.
[Added 12-3-2018 by Ord.
No. 2018-01]
HABITABLE FLOOR AREA
The sum of the horizontal areas of all rooms used for habitation,
such as living room, dining room, kitchen and bedroom, but not including
hallways, stairways, cellars, attics, service or utility rooms, bathrooms,
closets, nor unheated areas such as enclosed porches nor rooms without
at least one window or skylight opening onto an outside yard or court.
HALFWAY HOUSE
A dwelling for the supervision of transitionally institutionalized
individuals who have violated the law and who are sent to a halfway
house upon release from, or in lieu of being sent to, a penal institution
or juvenile detention center.
HEIGHT
The vertical distance of a structure or building measured
from the average elevation of the ground surrounding the structure
or building to the highest point of the structure or building.
HELIPORT
An area on a roof or ground used by helicopters and/or steep-gradient
aircraft for the purpose of picking up or discharging passengers and/or
cargo, which area includes any appurtenant areas which are used, or
intended to be used, for support facilities, such as hangars, fuel
storage, and aircraft maintenance.
[Added 10-4-2021 by Ord. No. 2021-04]
HELISTOP/HELIPAD
An area on a roof or ground used by helicopters and/or steep-gradient
aircraft solely for the purposes of picking up or discharging passengers
and/or cargo, where no appurtenant support facilities, uses, or structures
are present.
[Amended 10-4-2021 by Ord. No. 2021-04]
HOMEOWNERS' ASSOCIATION
An organization of property owners within a development established
as a nonprofit corporation or other entity for the direct or indirect
ownership, administration and maintenance of the common open space
and other areas within the development. Such organizations are generally
consistent with the requirements for unit owners' associations found
in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq., as amended; the Pennsylvania Uniform Planned Community Act,
68 Pa.C.S.A. § 5101 et seq., as amended; or other similar
regime of common ownership permitted by federal or state law and approved
by the Straban Township Board of Supervisors.
HOTEL or MOTEL
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Hotels may include
accessory uses, such as restaurants, meeting rooms and recreational
facilities. Motels typically do not provide these additional uses
and have private entry to the individual rental units from exterior
doorways facing the parking lot.
IDENTIFIED FLOODPLAIN AREA
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 Straban Township.
[Added 7-6-2020 by Ord. No. 2020-03]
IMPERVIOUS SURFACE
Any material, structure or coverage that prevents the absorption
of stormwater into the ground, including stone/gravel driveways and
parking lots.
INCINERATOR
A device used to burn waste substances and in which all the
combustion factors can be controlled, that is: temperature, retention
time, turbulence and combustion air.
INDUSTRIAL PARK
A tract of land that is planned and developed under a unified
design scheme and operated as an integrated facility for a number
of individual light industrial uses regardless of ownership, either
common or single and separate, with consideration to transportation
facilities, circulation, parking, utility needs, aesthetics and compatibility.
IN-HOME DAY CARE
A facility in a private residence in which day care is provided
on a regular basis, either operated for profit or not for profit,
to a combined total of four to six children or adults per day who
are not relatives of the caregiver.
INTERNAL ROAD SYSTEM
Any road or system of roads designed specifically for new
or proposed residential neighborhoods or commerce/business office
or industrial park having one or more points of access to an existing
public road.
JUNKYARD
As defined and regulated by Ordinance No. 33 (2-5-1986), Chapter
86 of the Straban Township Code, any place, place of business or establishment maintained, used or operated for storing, accumulating, buying or selling junk on the outside of any building, edifice or structure, or where the business of selling, buying or dealing in junk is carried on, or where two or more motor vehicles are stored which are unlicensed, inoperable and do not have a current and valid inspection sticker as required by the motor vehicle laws of the Commonwealth of Pennsylvania.
LAND DEVELOPMENT
Any of the following activities:
[Amended 10-4-2021 by Ord. No. 2021-04]
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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
(b)
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.
(3)
Land development does not include development which involves
the addition of an accessory building less than 1,000 square feet
or, in the case of farm accessory buildings, less than 5,000 square
feet on a lot or lots subordinate to an existing principal building.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition); a lessee if authorized
under the lease to exercise the rights of the landowner; or other
person having proprietary interest in land, including an individual,
partnership association, limited partnership association or corporation.
LANDSCAPE COVERAGE
The area of the lot covered by lawns, trees, plants and other
natural material and decorative features such as sculptures, fountains
and the like.
LAND USE OR ZONING PERMIT (FORMERLY KNOWN AS "BUILDING PERMIT")
A document signed by the Zoning Officer or other authorized
township official which is required by ordinance as a condition precedent
to the commencement of a site plan and/or change of use, or the demolition,
erection, construction, reconstruction, alteration, conversion, or
installation of a structure, building, or other improvement.
LICENSED HOSPITAL
An institution licensed by the Commonwealth of Pennsylvania,
providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury,
deformity and other abnormal physical or mental conditions and including,
as an integral part of the institution, related facilities, such as
laboratories, outpatient facilities, training facilities, medical
offices and staff residences.
LIGHTING, DIFFUSED
Illumination that passes from the source through a translucent
cover or shade.
LINE, STREET
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots, commonly known as the "street
right-of-way line."
LIVE-WORK UNIT
A type of mixed-use building which contains a commercial
use, such as a shop, studio, office cafe, deli, personal service establishment
or other place of business on the ground floor, in combination with
a dwelling unit or units (maximum of one per floor) located on the
upper floor(s). A person or persons other than the proprietor of the
business may occupy a live-work unit.
LOADING SPACE
An off-street space on the same lot with a building or contiguous
to a group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials and which
abuts on a street or other appropriate means of access.
LOT
A designated parcel established by a plat or otherwise as
permitted by law to be used, developed or built upon as a unit. (See
the graphic representation of the different lot configurations in
the attachment to this chapter.)
LOT AREA
The area contained within the property lines of a lot as
shown on a subdivision plan excluding space within any street right-of-way,
surface easement which permits buildings or structures, or the narrow
access strip of a flag lot, but including the area of any subterranean
easement. For the purposes of density calculations, lot area shall
also exclude any area within protected resources.
LOT, CORNER
A lot which 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 intersect
at an angle of less than 135°.
LOT COVERAGE
The total area of all impervious surfaces on a lot (including
building, driveway and any other concrete or macadam surface coverage)
divided by the total lot area.
LOT DEPTH
The average horizontal distance between the front and the
rear lot lines, taken from measurements made at each side lot line
and the approximate geographic center of the lot.
LOT, FLAG
A lot that is connected to a public street by a strip of
land too narrow to meet the minimum required lot width at the street
line, but that provides access to a larger land mass that can accommodate
uses and structures for those uses. Also known as a "panhandle lot."
LOT LINE
A line bounding a lot which divides one lot from another
or from a street.
(1)
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the street right-of-way. In the case of a corner lot, the lines extending along all street rights-of-way shall be considered front lot lines. In the case of a lot other than a corner lot that fronts on more than one street, the lines extending along all street right-of-way lines are front lot lines.
(2)
REAR LOT LINEA lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot, the rear lot line shall be construed to be a ten-foot-long line drawn from side lot line to side lot line, parallel to the front lot line. In the case of corner lots, the rear lot line is the line opposite and parallel to the street on which the building entrance is or will be located or, where the entrance may be oriented toward the corner, the rear lot line shall be opposite the street where the driveway is located or proposed.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
latter.
LOT, THROUGH
A lot that abuts two approximately parallel streets.
LOT WIDTH
The required distance between the side property lines measured
at the frontage.
[Amended 1-3-2023 by Ord. No. 2023-01]
MANUFACTURING
Establishments engaged in the production, processing, cleaning,
testing and distribution of materials.
MAXIMUM DENSITY
The maximum density permitted in each zoning district in
accordance with district regulations. The calculation is determined
by subtracting required open space from the base site area, and multiplying
the remaining area by the maximum density requirement prescribed in
each district.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MINERAL RECOVERY OPERATIONS
The searching for or removal of rock, soil or minerals from
the earth by excavating, stripping, mining, leveling or any other
process, but exclusive of excavations or grading involved in the construction
of a building. Also, mineral recovery operations include any processing
operations in connection with the above activities.
MINI-PARK
A type of open space that is between 10,000 square feet and
2.0 acres in size and contains a variety of amenities which may include
but are not limited to benches, play equipment, gazebos, pavilions
and landscaping.
MIXED-USE BUILDING
A building which contains a mixture of residential and nonresidential
uses within one structure having separate entrance or access points.
Uses will typically be located on separate floors, with nonresidential
uses located on the ground floor. Mixed-use buildings may be located
outside of mixed-use districts where specifically permitted.
MIXED-USE DEVELOPMENT
A development which contains two or more different principal
uses within one principal building or on one lot or site. In addition
to compliance with any applicable zoning 1 district standards governing
the mixed-use development as a whole, each principal use shall, independent
from the land used by or required to be assigned to other principal
uses, comply with all density and dimensional criteria specific to
that use.
[Amended 10-19-2022 by Ord. No. 2022-01]
MIXED-USE ZONE/MIXED-USE DISTRICT
Mixed-use zones at the date of adoption of this chapter are
MU-1 and MU-2. Mixed-use buildings may be located outside of mixed-use
districts where specifically permitted.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MUNICIPAL ENGINEER
A professional engineer or a firm licensed as such in the
Commonwealth of Pennsylvania, duly appointed as the Engineer for Straban
Township.
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended and as may be further
amended, 53 P.S. § 10101 et seq.
MUNICIPALITY
The Township of Straban, Adams County, Pennsylvania.
MUNICIPALLY OWNED
Buildings, facilities or lands owned by townships, county
and/or state government or government-affiliated associations or organizations.
NATURE PRESERVES
Areas in which human activities are very limited and where
the natural environment is protected from man-made changes.
NEIGHBORHOOD PARK
A type of open space that measures a minimum of 2.0 acres
in area and is suitable for a variety of active recreation activities.
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. The business or commercial activity shall satisfy
the following requirements:
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
(5)
The business activity shall not use any equipment or process
which creates noise, vibration, glare, fumes, odors or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(6)
The business activity shall not generate any solid waste or
sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business shall not involve any illegal activity.
NOISE
Any sound which:
(1)
Endangers or injures the safety or health of humans or animals.
(2)
Annoys or disturbs a reasonable person of normal sensitivities.
(3)
Endangers or injures personal or real property.
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include but are not limited to nonconforming signs.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment or prior to the
application of such ordinance or amendment to its location by reason
of annexation.
NURSING/ASSISTED-LIVING HOMES
An establishment licensed as a personal care home by the
Commonwealth of Pennsylvania, which provides full-time convalescent
care for three or more individuals who are not related by blood or
marriage to the operator.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
OPEN SPACE
Any parcel or area of land and/or water essentially unimproved
and set aside, dedicated or reserved for public or private use as
stipulated in this chapter. These undeveloped land areas may have
important ecological functions, natural resources or cultural resources
that are worthy of conservation and protection. Such areas may contain
but are not limited to forests, farmland, floodplains and wetlands.
Open space can also encompass scenic vistas, recreational areas and
historic sites.
OPEN SPACE PRESERVATION PERCENTAGE CALCULATION
Open space preservation percentage requirement is calculated
by multiplying the base site area of land within a development proposal
by the open space preservation percentage defined in each zoning district.
OPEN SPACE, REQUIRED
The minimum area of land in a development that is intended
to be preserved as open space, as determined by the open space preservation
percentage calculation. Required open space is comprised of passive
and active recreation, usable open space and protected resources.
OPEN SPACE, USABLE
Those areas within the required open space that has a grade
of less than 5% and includes green space, squares, playfields, playgrounds,
mini-parks, and neighborhood parks.
[Amended 10-4-2021 by Ord. No. 2021-04]
ORDINANCE
The Straban Township Zoning Ordinance, including the Zoning
Map and Street Classification Map, as amended.
OUTPATIENT MEDICAL FACILITY
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to persons on an outpatient basis.
PARK
A parcel of land, designated and used for active and/or passive
recreation.
PARKING FACILITY
A principal use constructed solely for the storage of motor
vehicles built as surface parking or a multi-floor public or private
parking garage.
PARKING LOT
Any lot, parcel or yard used in whole or in part for the
temporary storage or parking of two or more vehicles, where such usage
is not incidental to or in conjunction with a single-family or two-family
dwelling unit.
PARKING SPACE
An area of land designated for the parking of motor vehicles. See Article
VII.
PENNDOT
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
PERFORMANCE STANDARDS
A set of criteria or limits relating to certain characteristics
that a particular use or process shall meet or satisfy, as applicable.
PERIMETER BUFFER
A buffer located along the perimeter of a cluster residential
development and providing a separation between all dwelling units,
interior roadways (with the exception of the main access road), parking
areas and other impervious surfaces within the cluster development
from adjacent parcels and existing Township roadways.
PERMIT
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities. Permits may include
but are not necessarily limited to building permit, certificate of
use and occupancy, driveway permit, sewage permit, stormwater management
permit, well permit, land use permit, and federal, state and county
permits.
PERSONAL SERVICE BUSINESS
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales. Personal service businesses may include but not
be limited to barber, beautician, laundries, copy and supply businesses,
and/or dry-cleaning pickup businesses.
PLACE OF WORSHIP
A building or structure, or group of buildings or structures,
that by design and construction is primarily intended for conducting
organized religious services and associated accessory uses, including
cemeteries.
PLANNED CENTER
A group of uses planned and designed as an integrated unit
with controlled ingress and egress and shared off-street parking provided
on the property as an integral part of the unit. Such centers also
may include "planned center signs" as regulated herein. For the purposes
of this chapter, planned centers are shopping centers, mixed use development,
and business/industrial parks.
PLAN/PLAT
A map or plan of a subdivision or land development, whether
preliminary or final, submitted as a single- or multi-phased project.
PRIMARY FACADE
The facade of a building that faces a public street and is
typically where the main entrance door is located. On a corner lot
where a building fronts on more than one street, there shall be a
primary facade associated with each street.
PRINCIPAL BUILDING
The building in which the principal use of a lot or site
is conducted. Lots or sites with multiple principal uses may have
multiple buildings, but storage buildings, garages and other clearly
accessory uses shall not be considered principal buildings.
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)
An area of land or other area used for a solar collection
system principally used 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.
[Added 1-2-2024 by Ord. No. 2024-01]
PRINCIPAL USE
The primary purpose for which a lot or site is used.
PRIVATELY OWNED
Buildings, facilities and/or lands owned by private individuals,
groups, trustees or associations not affiliated with government entities
including townships, counties and/or state government or government-affiliated
associations or organizations.
PROFESSIONAL OFFICE/BUSINESS
An office environment that provides specific professional
services or consultant services required by other businesses or individuals.
Professional office/businesses may include but not be limited to physicians
and other medical practices; physical therapy; engineering; architectural;
eye, ear, nose and throat specialists; and/or insurance.
PROTECTED RESOURCES
Any natural resource protected from development, including:
(1)
The one-hundred-year floodplain.
(3)
Steep slopes (greater than 20%).
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body, planning agency and/or zoning hearing board, intended to inform
and obtain public comment prior to taking action in accordance with
this chapter and the Pennsylvania Municipalities Planning Code.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE
As defined by the State Municipalities Planning Code, as
amended. Notice published once a week for two successive weeks in
a newspaper of general circulation in the municipality. Such notice
shall state the time, place and date of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall not
be less than seven days from the date of hearing.
PUBLIC SERVICES OFFICES AND USES
An office of a governmental agency, social service organization,
District Justice or Justice of the Peace, notary, public or private
utility or political organization.
PUBLIC UTILITIES
Buildings and structures necessary for the safe and efficient
operation of the public utility, including communications buildings
not associated with communications antennas or towers.
RECREATION, ACTIVE
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites or fields, such as tennis, basketball, soccer, baseball
and the like.
RECREATION, PASSIVE
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, card games, chess,
checkers and similar table games. Passive recreation includes open
space for nature walks and observations.
RECYCLED MATERIALS COLLECTION AND PROCESSING
A lot or parcel of land, with or without buildings, upon
which used materials are separated and processed for shipment for
eventual reuse in new products. These centers do not include transfer
stations, landfills, composting facilities, resource recovery facilities
or junkyards.
REPAIR SERVICES
Services involving the repair of household, commercial land
industrial equipment, appliances or personal belongings. Repair services
may include but not be limited to electronics, television and appliance
shops, plumbing shops, carpenter shops, upholstery shops, shoe repair
and vehicle repair.
RESIDENTIAL CONVERSIONS
An existing building, at the date of adoption of this chapter,
converted into residential dwelling units in accordance with this
chapter.
RESIDENTIAL USE
Includes the following dwelling unit classifications: single-family
detached, single-family attached, single-family semidetached, duplex,
two-family, apartment, and multifamily.
[Amended 10-4-2021 by Ord. No. 2021-04]
RESIDENTIAL ZONE/RESIDENTIAL DISTRICT
Residential zones at the date of adoption of this chapter
are R-1 and R-2. For purposes of buffer yards, screening and outdoor
storage areas, any district where the town center use or small planned
community use is proposed shall be considered a residential district.
RETAIL, ANCILLARY
A retail store designed to serve only the employees, business
and/or business visitors.
RETAIL WAREHOUSE OUTLET
An establishment engaged in the sale of materials and goods,
both durable and nondurable, as a combination of wholesale and retail
trade. The outlet may be based wholly on a cooperative membership
basis and not open to the general public, such as a club warehouse
store.
RIDING SCHOOLS or HORSE BOARDING STABLES
An establishment where horses are kept for public or private
riding, or are stabled for compensation or incidental to the operation
of any club, association or similar establishment.
RIGHT-OF-WAY, FUTURE STREET
Right-of-way width required for the expansion of existing
streets to accommodate anticipated future traffic loads. A right-of-way
established to provide future access to or through undeveloped land.
RIGHT-OF-WAY, STREET
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, such as a street, highway, thoroughfare, parkway, road, avenue,
boulevard, lane or alley.
ROADSIDE STAND, TEMPORARY
A direct marketing operation without a permanent building
and only offering outdoor shopping. Such an operation is seasonal
in nature and features on-farm produce as well as locally produced
agricultural products, enhanced agricultural products (such as canned
or jarred tomatoes and peaches) and handmade crafts.
SANITARY LANDFILL
A site for solid waste disposal utilizing a planned method
of solid waste disposal and licensed and operated under the laws of
the Commonwealth of Pennsylvania.
SCALE OF DEVELOPMENT
The relationship of a particular project or development to
its surroundings, in terms of size, height, bulk, intensity and aesthetics,
to its surroundings.
SCREENING
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
SECONDARY DWELLING UNIT
A secondary, one-bedroom, single-family detached or attached
dwelling unit located on the same lot as the primary dwelling and
designed to house no more than two persons.
SETBACK
The required horizontal distance between a setback line and
a property or street line as established for each zoning district.
The setback establishes the building envelope and minimum required
front, rear and side yards.
(1)
SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot; commonly called the "required front yard."
(2)
SETBACK, REARThe distance between the rear lot line and the rear setback line projected from the full width of the lot; commonly called the "required rear yard."
(3)
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard; commonly called the "required side yard."
SETBACK LINE
The line drawn parallel to a lot line at the required minimum
distance from any lot line and that establishes the area within which
the principal structure may be erected or placed.
SEWAGE DISPOSAL SYSTEM
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, county,
state and federal regulations.
(1)
PUBLIC SEWERA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site approved and permitted by the Pennsylvania Department of Environmental Protection.
(2)
INDIVIDUAL ON-LOT SEWAGE SYSTEMAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank with an approved PA DEP Planning Module requiring a Township permit to construct such a system.
s.f.
Abbreviation for square foot.
SFA
Abbreviation for single-family attached dwelling unit. See
"dwelling unit types, single-family attached units."
SFD
Abbreviation for single-family detached dwelling. See "dwelling
unit types, single-family detached."
SHOPPING CENTER
A group of two or more commercial establishments planned,
constructed and managed as a total entity, with shared customer and
employee parking provided on site, containing more than 10,000 square
feet of interior space as measured by using the dimensions of the
external walls of the structures.
SIGN
Any permanent or temporary structure, or part thereof, or
any device attached, painted or represented directly or indirectly
on a structure or other surface that shall display or include any
letter, word, insignia, flag or representation used as, or which is
in the nature of, an advertisement, announcement, visual communication
or direction, or is designed to attract the eye or bring the subject
to the attention of the public.
(1)
ADVERTISING/BILLBOARD SIGNA sign which advertises or otherwise directs attention to a commodity, business, industry or other similar activity which is generally sold, offered or conducted off premises.
(2)
(a)
Any sign that is part of a wind-up or removable awning or part
of a fabric or plastic cover which is located:
[1]
Over a prominent window or door on or near the front entryway
of a business; or
[2]
On a cover over retail gasoline and diesel dispensing pumps
or an electric vehicle recharge station.
(b)
A marquee or other permanent structural element of the building
shall not be considered an awning.
(3)
BUSINESS SIGNAn on-premises sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted on the property on which the sign is located.
(4)
DIRECTLY ILLUMINATED SIGNA sign designed to give forth artificial light directly or through transparent or translucent material from a source of light within such sign.
(5)
DRIVE-THROUGH MENU BOARDSA permanently installed sign affixed to a pole, post or column, or to a wall of a principal building or accessory structure, consisting of a list of products and/or services offered for sale and/or pictorial display of product offered for sale which may include the price of products and/or services, which list and/or pictorial display is posted on the premises of a business near the point of ordering.
(6)
ELECTRONIC MESSAGE CENTERA variable message sign that utilizes computer-generated messages and graphics or some other electronic means of changing a message. These signs include displays using incandescent bulbs, light-emitting diodes (LEDs), liquid crystal displays (LCDs), or flipper matrix, and similar digital future signs or message boards. These signs will not be regulated based upon content except as otherwise stated within this chapter.
(7)
ENTRANCE SIGN(Community or neighborhood.) A sign designed to acknowledge a residential community or neighborhood usually located at the development's point(s) of access.
(8)
FESTOON-LIGHTED SIGNA directly illuminated sign comprised of a group of incandescent bulbs hung or strung overhead or used to outline a structure or any part thereof.
(9)
FLASHING SIGNAn illuminated sign on which the artificial light is not maintained in a stationary position and is not constant in intensity and/or color at all times when in use.
(10)
FREESTANDING NONMOBILE SIGNA self-supporting sign permanently affixed to the ground by means of poles, brick, masonry or stone column structures, or other similar means in the ground. The height of freestanding signs shall be measured from the official street grade.
(11)
INDIRECTLY ILLUMINATED SIGNA sign illuminated by an external light source that is shielded so no direct rays are visible elsewhere on the lot where said illumination occurs.
(13)
MONUMENT SIGNA ground-mounted sign which is attached to the ground by means of a wide base of solid appearance.
(14)
NONCONFORMING SIGNAny sign structure existing at the time of the passage of this chapter that does not conform in location, height or size with the regulations of the district in which such sign is located and/or shall be considered a nonconforming structure and may continue in its present location until replacement or rebuilding becomes necessary, at which time a permit will be required and the sign brought into conformity with this chapter.
(20)
PROJECTING SIGNA sign which is affixed perpendicular to any building wall or structure, is wholly supported by such wall or structure, and extends beyond the building wall or structure more than 12 inches.
(22)
WINDOW SIGNA professionally designed business identification sign applied directly onto storefront windows or doors or displayed against the interior of a window for viewing from the outside.
SINGLE AND SEPARATE OWNERSHIP
A single person or multiple persons having the right of legal
title to, beneficial interest in or a contractual right to a lot or
parcel appropriately recorded in the Adams County Record of Deeds.
SITE
A parcel of land located in the Township, established by
a plat or otherwise as permitted by law, which is the subject of an
application for development. A site may include more than one lot.
SITE AREA, BASE
The land remaining after subtracting land which is held for
future road rights-of-way or is in existing utility rights-of-way
or other easements.
SITE AREA, BUILDABLE
The base site area that remains after the required open space
(which may include protected resources) has been subtracted. The buildable
site area may be altered, disturbed or regraded for development purposes.
SITE AREA, GROSS
The total area of land within a site that is the subject
of an application for development.
SLOPE
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
SMALL PLANNED COMMUNITY
A type of development permitted in the R-1, R-2, MU-1 and MU-2 Zoning Districts required to follow §
140-15B cluster residential design regulations that includes the grouping or clustering of dwelling units, a variety of housing types, common open spaces, neighborhood service centers, institutional uses and places of worship to serve the needs of one or more residential developments.
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.
[Added 1-2-2024 by Ord.
No. 2024-01]
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
[Added 1-2-2024 by Ord.
No. 2024-01]
SOLAR ENERGY SYSTEM
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. This shall include all
other accessory structures related to the solar energy system, including
buildings, structures, substations, electrical infrastructure, transmission
lines, and other appurtenant structures and facilities.
[Added 1-2-2024 by Ord.
No. 2024-01]
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.
[Added 1-2-2024 by Ord.
No. 2024-01]
SOLAR PROJECT AREA
The total area of land including the principal solar energy
system, the space between solar arrays, stormwater management area,
access drives, fencing and internal access roads. The solar project
area does not include any area outside of the fenced facility set
aside for agricultural uses and designed to be adequate for the maneuverability
of typical farm equipment.
[Added 1-2-2024 by Ord.
No. 2024-01]
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 possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
[Added 1-2-2024 by Ord.
No. 2024-01]
(1)
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
(2)
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
(3)
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLICITOR
Unless otherwise stated, the appointed Solicitor to the Straban
Township Board of Supervisors.
SPECIAL EVENT
The assembly of people for the purpose of business, public
amusement, convention, congregation, meeting, caucus or entertainment
which is reasonably anticipated to comprise 200 or more participants
for a period of two hours or more, whether or not any admission fee
or other charge is imposed, at a location in the Township which is
not normally equipped to host such an assembly. Excluded from the
definition are events such as wedding receptions, company conventions,
funerals or other assemblies which are scheduled to take place in
structures built and used for such events in the normal course of
business (examples of such structures include but are not limited
to hotels/restaurants, convention centers, funeral homes, churches
and ballrooms).
SQUARE
A type of open space that is a minimum of 3,000 square feet
in area and contains a combination of paved and landscaped areas.
STEEP SLOPES
Areas where the average slope grade is 20% or greater measured
over six cumulative vertical feet of land.
STORY
That portion of any building included between the surface
of any floor and the surface of the next floor above it, or, if there
be no floor above it, then the space between such floor and the ceiling
next above it.
STORY, HALF
A story under a sloping roof, where the point of intersection
of the roofline and wall face of at least two opposite exterior walls
is a maximum of three feet above the finished floor of such story.
STREET
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.
STREET CENTER LINE
The center of the existing street right-of-way, or, where
such cannot be determined, the center of the traveled cartway.
STREET CLASSIFICATION
The functional classification of streets, expressed as a
hierarchy of types, as shown in the Straban Township Comprehensive
Plan for existing streets and as determined by the Township Engineer
for future streets.
STREET LINE
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots; commonly known as the "street
right-of-way line."
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
STUDIO
The workshop of an artist, sculptor, photographer or craftsperson.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership, or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres
not involving any new street or easement of access or any residential
dwelling shall be exempted.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost 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
or cumulative 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.
[Added 7-6-2020 by Ord. No. 2020-03]
SWIMMING POOL
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming and bathing.
TAVERN
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption with a limited food menu, licensed
by the Pennsylvania Liquor Control Board.
TERMINAL, RAIL AND/OR TRUCK (TRUCK AND FREIGHT TERMINAL)
An area or structure where trucks and/or rail cars load and
unload goods, products, cargo, materials and/or freight, and where
the same may be broken down or aggregated into smaller or larger loads,
for transfer to other motor vehicles or modes of transportation or
to other points or junctions, but shall not include storage of such
items for any period of time longer than that required for division
of loads and transfer to other vehicles or modes of transportation.
This use may include vehicle servicing and repair facilities, fueling,
dispensing, or storage of petroleum products.
[Added 10-19-2022 by Ord. No. 2022-01]
THERAPEUTIC LEARNING CENTER
An open-air and/or enclosed facility dedicated to the improvement
of the physical, mental, emotional, and social aspects of special
needs children and special needs adults by means of activities not
possible in a traditional office setting, such as equestrian therapy.
"Special needs" in this context means mental and/or physical disabilities,
including but not limited to mental retardation, autism, spina bifida
and muscular dystrophy.
TOWNSHIP
The Township of Straban, Adams County, Pennsylvania.
TRACT
(1)
An area, parcel, site, piece of land or property; or
(2)
A site that is the subject of a development for a convention
center, business/commerce or industrial park.
UNIT
See "dwelling unit."
USE
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained.
(1)
CONDITIONAL USEA use permitted in a particular zoning district upon showing that such use in a specified location will comply with all conditions and standards for the location or operation of the use as specified in this chapter and authorized by the Straban Township Board of Supervisors.
(2)
SPECIAL EXCEPTION USEA use permitted in a particular zoning district upon showing that such use in a specified location will comply with all conditions and standards for the location or operation of the use as specified in this chapter and authorized by the Straban Township Zoning Hearing Board.
(3)
USE PERMITTED BY RIGHTA use permitted in a particular zoning district upon showing that such use in a specified location will comply with the district regulations for the location or operation of the use as specified and authorized in this chapter.
VARIANCE
The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in accordance with §
140-61 of this chapter.
VEGETATIVE COVERAGE
The area of the lot covered by lawns or natural landscaping
elements, including grasses, plants, shrubs and trees.
VEHICLE FUELING STATION
A building where fuel is sold, where no repairs are conducted
except work that may be conducted that is closely similar in character
to the following: sale and installation of oil, lubricants, batteries
and belts and similar accessories, and safety and emissions inspections.
[Amended 10-19-2022 by Ord. No. 2022-01]
VEHICLE REPAIR SERVICES AND GARAGES
A building where repairs, improvements and installation of
parts and accessories for motor vehicles and/or boats are conducted
that involves work that is more intense in character than work permitted
under the definition of "vehicle fueling station." An auto repair
garage shall include but not be limited to any use that involves any
of the following work: major mechanical or body work, straightening
of body parts, painting, welding or rebuilding of transmissions.
VEHICLE SALES
A building or area used for outdoor or indoor display, sale,
lease or rental of one or more of the following in operable condition:
motor vehicles, recreation vehicles, boat trailers, farm machinery,
motorcycles, utility trailers, boats or transportable mobile/manufactured
homes in livable condition.
VEHICLE WASHING FACILITY
A building designed and used primarily for the washing and
polishing of vehicles and which may provide accessory services related
to washing and polishing.
WALL
A man-made barrier placed or arranged as a demarcation, an
enclosure or a visual barrier that is constructed of masonry, concrete
or similar material.
WAREHOUSE or WAREHOUSING
A structure used for the accessory storage of goods or products
for safekeeping where such goods or products are used as part of the
principal use of the structure. This definition does not include distribution
and logistics center, fulfillment centers, return centers, and rail
and/or truck terminal uses and activities. This use shall not include
vehicle servicing and repair facilities, fueling, dispensing and storage
of petroleum products and overnight accommodations. For purposes of
this chapter, any warehouse structure greater than 100,000 square
feet in size shall be regulated as a distribution and logistics center.
[Added 10-19-2022 by Ord. No. 2022-01]
WATER FACILITY
Any waterworks, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water. (For permitting of community and noncommunity water
systems, definitions shall be consistent with all such systems and
shall be in accordance with Pennsylvania Safe Drinking Water Act, Chapter
109 regulations).
(1)
WATER DISTRIBUTION SUPPLY SYSTEM, CENTRALIZEDA public or private utility system designed to transmit potable water from a common source to customers in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever may be more stringent.
WETLAND MARGIN
An area extending 35 feet from the wetland boundary or to
the limit of the hydric soils, whichever is less.
WETLANDS
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan, U.S. Army Corps of Engineers, and any
wetland area designated by a river basin commission.
WHOLESALE
Sales that primarily involve transactions with other businesses
and their agents and not to the general public.
WILDLIFE REFUGE
A publicly or privately owned natural area established and/or
maintained as a protective habitat for plants and/or animals.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a guyed or selfsupporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure that could
support the placement or installation of wireless telecommunications
facilities.
[Added 12-3-2018 by Ord.
No. 2018-01]
YARD
An open space that lies between the principal building or
buildings and the nearest lot or street line.
YARD, BUFFER
A strip of land, free of any principal or accessory building
or required improvement other than screening to physically separate
one use from another and as illustrated in the Straban Township Subdivision
and Land Development Ordinance.
YARD, FRONT
The land area between the primary building facade and the
street line. This yard area shall extend the full width of the lot
from side lot line to side lot line. In the case of a corner lot,
the yards extending along a street line are front yards. In the case
of a through or reverse frontage lot, the yards extending along all
street lines are front yards.
YARD, REAR
An area extending the full width of the lot and situated
between the rear lot line and the rear building facade, and stretching
between the side lot lines. In the case of a corner lot, the yard
opposite from and parallel to the street on which the structure fronts
shall be considered the rear yard.
YARD, REQUIRED
An open space that lies between a building or structure and
the nearest lot or street line which is required by the setback provisions
of this chapter.
YARD, SIDE
An area situated between the closest portion of the subject
building and the entire length of the side lot line, and extending
from the front lot line to the rear lot line.
ZONING MAP
The Official Zoning Map of Straban Township adopted under
this chapter, together with all amendments thereto subsequently adopted.
ZONING OFFICER
The administrative officer charged with the duty of enforcing
the provisions of this chapter, or his or her officially designated
assistant(s).
ZONING ORDINANCE
The Straban Township Zoning Ordinance (Chapter
140 of the Code of Ordinances).