For the purposes of this ordinance, words and terms used herein
shall be interpreted as follows:
A.
Words in the present tense shall include the future tense.
B.
"Used" or "occupied" as applied to any land or building include the
words "intended, arranged or designed to be used or occupied."
C.
"Should" or "May" means that it is strongly encouraged but is not
mandatory. "Shall" is always mandatory.
D.
"Sale" shall also include rental.
E.
The singular shall include the plural and vice versa. The masculine
gender shall include the feminine and neuter, and vice versa.
F.
If a word is not defined in this ordinance but is defined in Chapter 165, Subdivision and Land Development, of the Township Code, the definition in Chapter 165 shall apply. If a word is defined in both this ordinance and another Township ordinance, each definition shall apply to the provisions of each applicable ordinance.
G.
The meaning of any word or term not defined in this ordinance or
in the Township Subdivision and Land Development Ordinance, as amended,
shall be determined by the Zoning Officer based upon the plain and
common meaning within the context of the section. The Zoning Officer
may base a determination upon a definition in one or more standard
reference dictionaries. An applicant may appeal a Zoning Officer's
determination to the Zoning Hearing Board.
H.
The words "such as," "includes," "including" and "specifically" shall
provide examples. These examples shall not, by themselves, limit a
provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
When used in this ordinance, the following words, terms and
phrases shall have the following meanings, unless expressly stated
otherwise or unless the context clearly indicates otherwise:
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See also the definition of "adjacent."
A privately owned, constructed and maintained vehicular access
roadway accessing more than one dwelling unit or more than one commercial,
institutional or industrial principal use. See also "driveway."
One combined entrance/exit point, or one clearly defined
entrance point and one clearly defined exit point, separated in accordance
with the requirements of this ordinance and the Palmer Township Subdivision
and Land Development Ordinance.[1]
A structure, such as a private garage, storage shed, gazebo,
or greenhouse, serving a purpose customarily incidental to the use
of the principal building and located on the same lot as the principal
building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
Forty-three thousand five hundred sixty square feet.
Includes contiguous lots that share a common lot line or
that are separated only by a street or waterway.
The definition for this term and for all uses included under this term shall apply as is provided in Title 68, Part II, Subpart E, Chapter 55, § 5502 of the Pennsylvania Consolidated Statutes, as amended. Such definitions in the Pennsylvania Consolidated Statutes are hereby included by reference, including, but not limited to, the following:
ADULT BOOKSTORE OR VIDEO STOREAn establishment having a substantial or significant portion of its stock-in-trade, including, but not limited to, videocassettes, movies, books, magazines and other periodicals, which is distinguished or characterized by its emphasis on matters depicting, describing or relating to nudity or sexual conduct, as defined herein, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENTMovies, videos, still or motion pictures, photographs, slides, films or other visual representations, books, magazines or other printed material or live dramatic, musical or dance performances that are sexually explicit or depict nudity or sexual conduct, as defined herein.
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building, with a capacity for accommodating fewer than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
ADULT MOTION-PICTURE THEATERAn enclosed building, with a capacity for accommodating 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity or sexual conduct, as defined herein, for observation by patrons therein.
ADULT NIGHTCLUBAny nightclub, as defined herein, that offers adult entertainment, as defined herein.
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Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areola.
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Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
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Acts of masturbation, homosexuality, sexual intercourse, sexual
bestiality or physical contact with a person's clothed or unclothed
genitals, pubic areas, buttocks or, if such person is a female, breast.
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The condition of human male or female genitals when in a state
of sexual stimulation or arousal.
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Flagellation 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.
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The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a 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.
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An accessory use to an agricultural operation for the purpose
of directly marketing agricultural products produced by the agricultural
operation in their natural or value-added, processed, or manufactured
state. The term shall include any on-farm processing, packaging, and
sale performed in the course of direct marketing of the farmer's
agricultural products. Examples of agricultural marketing enterprises
include, but are not limited to, the following terms:
COMMUNITY-SUPPORTED AGRICULTURE (CSA) DELIVERY STATIONA location, which may be on-site or off-site from a farm or agricultural operation, where a farmer delivers or distributes farm shares and where individuals pick up their shares at a set time weekly, biweekly, or monthly.
FARM CAFEA restaurant that prepares and serves food grown on-site at a farm and within Regions 3 and 7 as defined by the Pennsylvania Department of Agriculture to the greatest extent possible. The principal objective of a farm cafe is to support local agriculture and provide alternatives to the conversion of farmland through sustainable rural economic development and to empower farmers to undertake entrepreneurial endeavors which augment, support, and highlight local agriculture.
FARM CAMPThe hosting of day and overnight events for students and or guests for farm education.
FARM STANDA seasonal stand that sells fresh agricultural produce grown on one's own property.
FARMERS MARKETThe offering for sale of fresh and packaged agricultural products directly to the consumer at an open-air market and/or combination of enclosed and open-air facility. See "open-air market."
"PICK-YOUR-OWN" OPERATIONThe seasonal retail of farmed crops primarily grown on the premises, including apples, pumpkins, and Christmas trees.
An enterprise that is actively engaged in agriculture, including
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
in by farmers or are consistent with technological development within
the agricultural industry.
See "crop farming," "forestry," "plant nursery" and "raising
of livestock."
An area which is designated, used, or intended to be used
for the landing and takeoff of motorized aircraft that carry people,
and any related aircraft support facilities such as for maintenance,
refueling, and parking.
PUBLIC AIRPORTOne that does not meet the definition of a "private airport."
PRIVATE AIRPORTOne that is limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public.
A right-of-way providing secondary access to the side or
rear on one or more lots which has a maximum right-of-way width of
20 feet.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure, or any enlargement
thereof, whether by extension on any side or by an increase in height,
or the moving of such structure from one location to another.
A device, partially or wholly exterior to a building, that
is used for receiving and/or transmitting electronic signals or shortwave
or citizens' band radio frequencies. This includes any accessory
supporting structures. This shall not include a satellite antenna,
which is regulated separately.
Land or buildings used for the interment or burial of the
remains of three or more noncremated nonhuman animals. Burial of cremated
animals or three or less noncremated animals on a lot shall be a permitted
by right accessory use in all districts.
The trimming of the hair or fur and/or the washing of animals
for commercial purposes.
Shall have the same meaning as "veterinarian office."
Shall have the same meaning as "raising of livestock."
See "dwelling."
The person(s), company, partnership, profit or nonprofit
corporation or trust responsible for a particular application for
an approval or permit under this ordinance, and his/her heirs, successors
and assigns.
The use of a premises for commercial or noncommercial instruction
in dance, gymnastics, fitness activities, music, martial arts, and
other performing arts; for the recording of music or speech; or for
the instruction in or production of arts and crafts.
Physically connected to or within eight inches of, in terms
of buildings, structures, or dwelling units.
That part of a building which is immediately below and wholly
or partly within the roof framing.
An accessory area involving indoor and/or outdoor space for
meetings, live performances, or screening of films, but not a use
that meets the definition of "theater," "adult-oriented establishment,"
"nightclub," or any other similar commercial use.
A facility for the servicing and repair of motor vehicles,
including engine, transmission, and suspension overhaul, the repair
and replacement of parts, body work including painting and frame repair,
tire service, lubrication, and the changing of automotive fluids,
but not including the scrapping, salvaging, or storage of junk vehicles.
The indoor and/or outdoor use of a lot for the display, sale,
or rental of one or more of the following in operable condition: automobiles,
trucks, recreational vehicles, boats, trailers, farm machinery, motorcycles,
construction vehicles, other motorized vehicles, and mobile/manufactured
homes in a livable condition. This use may include an auto repair
or service garage as an accessory use provided that all requirements
for such use are complied with. This use shall not include a mobile/manufactured
home park or a junkyard.
An establishment, such as a bank, savings and loan association,
credit union, or investment company, where the principal business
is the receipt, disbursement, or exchange of funds and currencies.
A commercial use that involves the sale of beverages and
food to the public, and in which the sale of alcoholic beverages makes
up more than 50% of the total volume of sales and which does not meet
the definition of a "nightclub." A "brew pub or tap/tasting room"
is a bar or tavern located on the premises of a beverage production
establishment which manufactures its own alcoholic beverages for on-site
and off-site sale. A commercial use that involves a lower percentage
of alcoholic beverage sales shall be considered a "restaurant."
An enclosed floor area partly or wholly underground, other
than a building which is completely underground. A basement shall
be considered a story if the majority of the basement has a clearance
from floor to ceiling of six feet or greater and the roof of the basement
is an average of four or more feet above the finished grade of the
front side of the building that faces onto a street.
The use of a single-family detached dwelling and/or accessory
structure which includes the rental of overnight sleeping accommodations
and bathroom access for temporary guests, and which does not provide
any cooking facilities or provision of meals for guests other than
breakfast.
A use where lawful gambling activities are conducted, including,
but not limited to, off-track pari-mutuel betting. This term shall
not include betting under the state lottery programs or betting under
the "small games of chance" provisions of state law, which shall instead
be regulated under the regulations applicable to the principal use
of the property (such as a membership club).
An establishment which produces alcoholic beverages for on-
or off-site sale and distribution and which may include a brewery
pub, tap room, or tasting room on the premises as an accessory use.
The term shall include, but not be limited to, the following uses:
BREWERYA premises or plant which holds a license to manufacture, store and distribute brewed or malt beverages and which may include a brewery pub or tap room, as regulated by Title 47, the Pennsylvania Liquor Code, as amended.
MICROBREWERYA brewery wherein malt or brewed beverages are manufactured, made and fermented from raw materials, blended, rectified, or otherwise produced by any suitable method for their production in a quantity of up to 15,000 barrels per year and which holds a license issued by the Pennsylvania Liquor Control Board to engage in the manufacture, transportation, and sale of such beverages as regulated by the Pennsylvania Liquor Code (Title 47 of the Pennsylvania Consolidated Statutes, as amended).
LARGE BREWERYA brewery wherein malt or brewed beverages are manufactured, made and fermented from raw materials, blended, rectified, or otherwise produced by any suitable method for their production in a quantity greater than 15,000 barrels per year and which holds a license issued by the Pennsylvania Liquor Control Board to engage in the manufacture, transportation, and sale of such beverages as regulated by the Pennsylvania Liquor Code (Title 47 of the Pennsylvania Consolidated Statutes, as amended).
DISTILLERYA premises or plant wherein distilled alcohol or liquor are manufactured, made and distilled from raw materials, blended, rectified, or otherwise produced by any suitable method for their production. The term shall not include a "winery" where alcohol is derived from by-products of wine production by distillation for the sole purpose of adding to the fermented products to fortify the same.
LIMITED DISTILLERYA distillery operated by the holder of a limited distillery license that will allow the holder thereof to operate a distillery that shall not exceed production of 100,000 gallons of distilled liquor per year and which is regulated by Title 47, Chapter 1, Article V, § 5-505.4 of the Pennsylvania Consolidated Statutes, as amended.
WINERYA premises or plant where any alcohol or liquor is produced by the process by which wine is produced, or premises and plants wherein liquid such as wine is produced; and shall include the manufacture by distillation of alcohol from the by-products of wine fermentation when the alcohol so derived is used solely to fortify the fermented products, under such regulations as are or may be promulgated by the proper agency of the United States Government, and such alcohol, for that purpose only, may be sold or exchanged between wineries holding permits in this commonwealth, without restriction. The term shall include premises or plants where alcoholic ciders or meads are produced.
LIMITED WINERY, MEADERY OR CIDERYA winery with a maximum total output of 200,000 gallons per year of wine, wine coolers, mead, and alcoholic ciders, in any combination, and which is regulated by Title 47, Chapter 1, Article V, § 5-505.2 of the Pennsylvania Consolidated Statutes, as amended.
BREW PUB or TAP/TASTING ROOMAccessory premises located at a microbrewery, large brewery, limited distillery, or limited winery, meadery or cidery which are open to the public for the sale and consumption of alcoholic beverages primarily produced on-site and which may also include food service to patrons. See "bar or tavern."
A paved lane or a trail specifically established primarily
to provide for travel by nonmotorized bicycles.
The explosion of dynamite, black powder, fuse, blasting cap,
detonators, electric squibs or other explosives.
Unless otherwise referenced, shall mean the Zoning Hearing
Board of Palmer Township.
The Board of Supervisors of Palmer Township.
A residential use in which individual room(s) are rented
on a monthly basis that do not meet the definition of a dwelling unit
and are occupied by a total of two or more persons who are not related
to the primary householder of the dwelling and do not function as
a common household unit (i.e., a "family," as defined herein), up
to a total of eight boarders. Also known as a "rooming house." A boardinghouse
shall not include a use that meets the definition of "extended stay"
"hotel or motel," "nonfamily facility type 1," "nonfamily facility
type 2," "bed-and-breakfast use," or "short-term rental."
A strip of land that separates one use from another use or
feature and is not occupied by any building, parking, outdoor storage
or any use other than open space or approved pedestrian pathways.
A "buffer yard" may be a part of the minimum setback distance, but
land within an existing or future street right-of-way shall not be
used to meet a "buffer yard" requirement.
Any structure having a permanent roof and intended for the
shelter, work area, housing or enclosure of persons, animals, vehicles,
equipment or materials and that has a total area under roof of greater
than 50 cubic feet. "Building" is interpreted as including "or part
thereof." See the separate definition of "structure." Any structure
involving a permanent roof (such as a covered porch or a carport)
that is attached to a principal building shall be considered to be
part of that principal building.
The percentage obtained by dividing the maximum horizontal
area in square feet of all principal and accessory structures and
attached structures covered by a permanent roof on a lot by the total
lot area of the lot upon which the buildings are located.
The horizontal measurement between the two most-distant portions,
other than portions measured diagonally, of any one building or of
attached buildings.
See "setback line."
The horizontal measurement between two structural walls of
one building that are generally parallel, measured in one general
direction that is most closely parallel to the required lot width.
For a townhouse or twin homes, this width shall be the width of each
dwelling unit from the center of one party wall to the center of the
next party wall or the outside edge of the exterior wall.
A building used for the conduct of the principal use of a
lot and which is not an accessory building.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household for some productive reuse, but which does not involve the
actual processing or recycling of hazardous or toxic substances, and
which does not primarily involve the processing of nonrecycled solid
waste, unless the use also meets the applicable requirements for a
solid waste transfer facility. This definition shall not include a
junkyard.
Storage beyond what is reasonably needed for customary use
on-site. This includes storage of substances intended to be sold or
resold for use off-site.
A small, roofed structure, usually having three walls, located
near or on a street and designed primarily for the protection and
convenience of waiting bus passengers.
An establishment engaged in rendering services to business
establishments on a fee or contract basis or to the general public
on a less frequent or personal basis than provided by personal services
establishments. Such enterprises may include: the service and repair
of office equipment, machines, electronics, furniture, medical supplies,
or commercial appliances; the printing, copy, and production of documents,
signs, or banners; retail shipping and mailing services; food catering;
locksmithing; carpentry; painting; remodeling; interior decorating
or upholstering; roofing and insulation; carpet installation; heating
and cooling; plumbing; taxidermy; and other similar business activities.
See "adult-oriented establishment, adult nightclub."
A use that is for general recreational purposes involving
the use of tents or sites leased for recreational vehicles for transient
and seasonal occupancy, or the use of tents or cabins for seasonal
occupancy.
A building or structure where motor vehicles are cleaned
manually or mechanically, using a conveyor, sprayer, blower, steam-cleaning
equipment, or other device. This use may include wash tunnels, pay
stations, vacuums, drying facilities, and associated paved accessways
and parking stalls. As an accessory use to a gasoline service station,
a vehicle washing facility may include no more than a single bay,
for one vehicle to be washed at a time.
A standardized, reusable vessel that is or appears to be:
Originally, specifically or formerly designed for or used in
the packing, shipping, movement or transportation of freight, articles,
goods or commodities; or
Designed for or capable of being mounted or moved on a rail
car; or
Designed for or capable of being mounted on a chassis or bogie
for movement by truck trailer or loaded on a ship.
A roofed building intended for the storage of one or more
motor vehicles, but which is not enclosed on all sides by walls or
doors. If any portion of a carport is attached to a principal building,
it shall be considered to be part of that building. A carport shall
not utilize a soft-shell cover/roof and shall be permanently installed.
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
An area of land used or intended to be used as a burial ground
for deceased humans and which may include related accessory buildings
or structures such as mausoleums.
See "animal cemetery."
The Chairman, Chairwoman, Chair or Acting Chairperson (when
applicable) of the Palmer Township Board of Supervisors.
See "agricultural marketing enterprise."
A logging method that removes all trees or the vast majority
of all trees from a tract of land or a portion thereof, other than
cutting of trees that is clearly necessary for the development of
an approved use.
An establishment owned by a private-sector entity where the
principal enterprise or activity involves the provision of primarily
indoor recreational, amusement, and leisure activities, such as, but
not limited to: fitness training, athletic courts, ice rinks, roller
skating rinks, indoor playing fields, indoor swimming pools, bowling
alleys, arcade games, indoor mazes, indoor play structures and ball
pits, escape rooms, indoor riflery or archery, indoor batting cages,
and indoor golf.
An establishment owned by a private-sector entity where the
principal enterprise or activity involves the provision of outdoor
recreational, amusement, and leisure activities, such as, but not
limited to: tennis courts, sand volleyball courts, miniature golf
courses, driving ranges, outdoor batting cages, playing fields, outdoor
swimming pools, beaches, and bumper car tracks, but not to include
"golf courses" as defined herein. The total building coverage for
a commercial outdoor recreational use shall be less than 15%.
The keeping of three or more horses in a nonhousehold stable,
which may include a commercial or private riding club.
Includes retail sales, offices, personal services, auto sales,
auto repair garages and other uses of a similar nature. The sale of
goods or services from a vehicle on a lot shall also be considered
to be a commercial use.
A motor vehicle, other than a permitted recreation vehicle,
having a primary use, including, but not limited to, making service
calls or the transporting of tools, equipment and materials for business
purposes.
The incidental and accessory storage of raw or finished goods,
building and construction materials, machinery, tools, and equipment,
or other similar items, either completely in open air or in a partially
enclosed structure.
The Planning Commission of the Township of Palmer.
See "open space, common."
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions, including,
but not limited to, omnidirectional or whip antennas, directional
or panel antennas and satellite or microwave dish antennas that may
be mounted on an existing building, an existing public utility storage
or transmission structure or an existing communications tower, excluding
transmission and receiving devices licensed by the Federal Communications
Commission (FCC) exclusively for private use by citizens.
A noncommercial, nonresidential use that exists solely to
provide recreational and educational activities and programs to the
general public or certain age groups. The use may also include the
noncommercial preparation and/or provision of meals to low-income
elderly persons. See "cultural center."
An open space area that is used for the cultivation of vegetables,
fruits, flowers, or other plants for use by more than one person,
family, or household.
See "agricultural marketing enterprise."
The collection and processing of vegetative material to allow
it to biologically decompose under controlled anaerobic or aerobic
conditions to yield a humus-like product.
The document entitled the "Palmer Township Comprehensive
Plan," or any part thereof, adopted by the Board of Supervisors.
A use which is allowed or denied by the Board of Supervisors within the provisions of Article IX, after review by the Planning Commission.
A set of individual dwelling units or other areas of buildings,
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which was created under
the Pennsylvania Unit Property Act of 1963[2] or was/is to be created under the Pennsylvania Uniform
Condominium Act of 1980,[3] as amended.
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position and/or
the demolition of a preexisting building.
A building that retains historic or cultural or architectural
significance and contributes to the historic or cultural or architectural
qualities of a historic district.
A use that primarily sells routine household goods, groceries,
and prepared and ready-to-eat foods to the general public, and that
includes a building with a floor area of less than 7,000 square feet.
This use may include an indoor seating area comprising no more than
20% of the gross floor area and/or an outdoor seating area. This use
may also include the sale of gasoline or other automotive fuels.
A facility where conferences, exhibitions, large meetings,
seminars, training sessions, weddings, banquets, and similar activities
are held or hosted. This use may also provide, as accessory uses,
office facilities, business services, or kitchen facilities for the
preparation or catering of food. Sale of alcoholic beverages may take
place only during scheduled events and for on-premises consumption
and shall not be available to the general public.
To change or adapt land or structures to a different use.
The County of Northampton, Commonwealth of Pennsylvania.
The Lehigh Valley Planning Commission.
A facility accessory to a funeral home or mortuary containing
properly installed, certified equipment intended for reducing deceased
humans or animals to ashes by burning (cremation).
The cultivating, raising, and harvesting of products of the
soil and the storage of these products produced on the premises. The
definition of "crop farming" shall include orchards and tree farms
but shall not include "raising of livestock," "forestry," "commercial
stables or riding academies," or "kennels." An "agricultural marketing
enterprise," as defined herein, is an accessory use to crop farming
where permitted. If a crop farming lot includes more than 15 acres,
it may also include the keeping of up to 10 additional animals as
an accessory use in addition to what is permitted by the definition
for "keeping of pets" or "urban keeping of livestock." This use shall
include vineyards, orchards, and tree farms provided.
The accessory storage of agricultural products produced on
the premises, in customary structures such as silos and grain bins.
A facility open to the public which primarily contains exhibits
of clearly artistic, literary, or cultural interest, such as a museum,
library, or art gallery. This use may also include an auditorium as
an accessory use. See "community center."
A proposed zoning amendment made to the Board of Supervisors
by any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which they have an interest.
A premises operated for profit or not-for-profit in which adult daily living services are simultaneously provided for four or more clients who are not relatives of the operator for periods of less than 18 hours during the average day. "Adult daily living services" are defined as services provided or arranged to assist in meeting the needs, including personal care, social, nutritional, health and educational needs, of adult clients who may need such assistance primarily because of old age, developmental disability, physical disability or other limited physical abilities, dementia-related disease, Parkinsonism, or other organic brain syndrome. These are provided, as appropriate for each client, through a planned program of social, educational, recreational, therapeutic, rehabilitative, habilitative, and developmental activities. The term does not include services provided for persons whose needs are such that they can only be met in a long-term care facility on an inpatient basis receiving professionally supervised nursing care and related medical and other health services. An adult day-care center must be licensed by the Pennsylvania Department of Aging and shall follow all applicable provisions for older adult daily living centers in Title 6, Part I, Chapter 11 of the Pennsylvania Code, as amended.
A premises in which child day care is provided at any one time for seven or more children unrelated to the operator. A child day-care center must be licensed by the Pennsylvania Department of Human Services and shall follow all applicable provisions for child day-care centers in Title 55, Part V, Subpart D, Article I, Chapter 3270 of the Pennsylvania Code,[4] as amended.
A premises accessory to a professional office, retail establishment,
or any of the "institutional uses" listed herein in which child day-care
is provided at any one time during the normal operating hours of the
principal use for six or fewer children unrelated to the operator.
A dwelling other than the child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five, or six children unrelated to the operator. A family child day-care home shall be considered an accessory use to an owner-occupied dwelling, must be licensed by the Pennsylvania Department of Human Services, and shall follow all applicable provisions for family child day-care homes in Title 55, Part V, Subpart D, Article I, Chapter 3290 of the Pennsylvania Code, as amended.
A premises in which child day care is provided at one time for more than six but fewer than 16 older school-age level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. A group child day-care home shall be considered an accessory use to an owner-occupied dwelling, must be licensed by the Pennsylvania Department of Human Services, and shall follow all applicable provisions for group child day-care homes in Title 55, Part V, Subpart D, Article I, Chapter 3280 of the Pennsylvania Code, as amended.
The supervised care of children under age 16 outside of the
children's own home for periods of less than 18 hours during
the average day.
Calendar days.
A structure without a roof which has an elevation of 30 inches
or greater from finished grade at any point which is 36 inches from
the edge of the deck.
The razing, destruction, covering or dismantling of 50% or
more of the perimeter walls of a structure. "Demolition" includes
the removal of a building from its site or the removal, stripping,
concealing or destruction of the facade or roof line or any significant
exterior architectural features which are integral to the historic
or architectural or cultural character of the building and facing
the public street, for whatever purpose, including, but not limited
to, new construction or reconstruction.
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection,
or its successor, and its relevant subparts.
A building that is surrounded on all sides by open yards
and that is not attached to any other building.
Construction, erection or expansion of a structure or mining,
dredging, filling, grading, paving, excavation or drilling operations.
The term also includes any activities defined as "land development"
under the Palmer Township Subdivision and Land Development Ordinance.[5]
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this ordinance.
See "kennel."
The accessory use of an access drive and structure(s) in
which goods or services are dispensed directly to a patron in a motor
vehicle and which eliminates the necessity for the patron to exit
the motor vehicle.
A privately owned, constructed and maintained vehicular access
from a street or access drive to only one dwelling unit, commercial
unit, institutional or industrial principal use. See also "access
drive or accessway."
A container that is not affixed to the land and is designed
for temporary short-term refuse disposable.
A building or portion of a building used as a nontransient
living quarters and having individual living, kitchen, and bath facilities
in each dwelling unit. The following terms apply:
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open areas on all sides.
SINGLE-FAMILY SEMIDETACHED DWELLING (TWIN)One dwelling unit that is attached by an unpierced vertical fire-resistant wall to one adjacent dwelling unit, both of which accommodate one family each and are on their own separate lots, with one side yard being adjacent to each dwelling unit. Each dwelling unit shall have its own outside access. This use is commonly known as a "twin."
SINGLE-FAMILY ATTACHED DWELLING (TOWNHOUSE)One dwelling unit that is attached to two or more dwelling units, with each dwelling unit on its own separate lot and completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. The units may be attached side-by-side or back-to-back. Side yards shall be adjacent to each end unit. This use is commonly known as a "townhouse" or "row house."
TWO-FAMILY DWELLING (DUPLEX)Two dwelling units in a single building on a single lot, with each dwelling unit accommodating one family. This use is commonly known as a "duplex."
MULTIFAMILY DWELLINGA dwelling containing three or more attached dwelling units on a single lot, each with its own independent access but not necessarily directly to the outside. Units may share outside access and/or corridors, lobbies, and other common facilities, and may be either leased or sold for condominium ownership. This ordinance categorizes multifamily dwellings into the following subtypes:
MULTIFAMILY DWELLING, LOW-RISE (GARDEN APARTMENTS)Three or more dwelling units within a building or in a group of buildings, not to exceed 3 1/2 stories or 35 feet in height (whichever is more restrictive), that are separated by horizontal floors or by a combination of horizontal floors and vertical walls.
MULTIFAMILY DWELLING, MID-RISEFour or more dwelling units within a building or in a group of buildings that is greater than 3 1/2 stories or 35 feet in height but less than six stories or 72 feet in height (whichever is more restrictive).
APARTMENTA single dwelling unit in a multifamily dwelling or a mixed-use building.
DWELLING UNITA single habitable living unit occupied by only one family. See definition of "family." Each dwelling unit shall have its own toilet, bath or shower, sink, sleeping and cooking facilities and separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. No "dwelling unit" shall include a separate living area that is completely separated by interior walls so as to prevent interior access from the remainder of the living area.
UNIT, ACCESSORY DWELLING (RELATIVE CARE)An accessory living area, but not a mobile home, located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. Secondary dwelling units shall be developed in accordance with the standards set forth in local code and only in those zoning districts where the use is listed as permitted by right, special exception, or conditional use.
NONFAMILY RESIDENTIAL FACILITY, TYPE 1A living arrangement that may or may not be restricted by identified age(s) of residents who are primarily unrelated persons, whereas said arrangement provides dwelling units for residents of varying abilities of mobility and/or disability and on-site supervision and assistance available to the residents on an occasional, as-needed basis and which may include certain design features associated with resident needs that are not customary to conventional dwelling units, such as, but not limited to, emergency call systems, common dining facilities, common laundry facilities, housekeeping services, cognitive support services and/or memory care, common leisure and recreational facilities, transportation services, and similar supporting services for residents. A nonfamily residential facility, Type 1 may include such living arrangements as an independent living facility and shall not include a use that meets the definition of "group care facility," "nursing home," or "personal care home."
NONFAMILY RESIDENTIAL FACILITY, TYPE 2A living arrangement that may or may not be restricted by identified age(s) of residents who are primarily unrelated persons, whereas said arrangement provides dwelling units for residents of independent mobility and on-site supervision and assistance available to the residents on an occasional, as-needed basis and which may include certain design features associated with resident needs that are not customary to conventional dwelling units, such as, but not limited to, emergency call systems, common dining facilities, common laundry facilities, housekeeping services, and/or common leisure and recreational facilities, transportation services, and similar supporting services for residents. A nonfamily residential facility, Type 2 may include such living arrangements as college dormitories, fraternities and sororities, or active adult communities.
SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or garden apartment that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
MOBILE HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable; is designed for permanent occupancy; is contained in a single piece or two substantial pieces 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; is constructed so that it may be used with or without a permanent foundation; is not a recreation vehicle; and includes a minimum of 300 square feet of interior floor space. The terms "mobile home" and "manufactured home" have the same meaning.
MOBILE HOME PARKA parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient residential use. The homes may be individually owned. The development of mobile homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the owner's
property.
Any vehicle that is licensed and registered for operation
on public and private streets; either partially or exclusively on
electrical energy from the grid, or an off-board source that is stored
on-board via a battery for motive purpose. "Electric vehicle" includes:
(1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle.
A public or private parking space that is served by battery
charging station equipment for the purpose of transferring electric
energy to a battery or other energy storage device in an electric
vehicle.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer and both employees and contractors)
present on a lot at any one time, other than tradespersons temporarily
working on physical improvements to the site.
Utility or municipal uses that are necessary for the preservation
of the public health and safety and that are routine, customary, and
appropriate to the character of the area in which they are to be located,
including electric, telephone, gas, and water. Essential services
shall not include a central sewage treatment plant, a solid waste
disposal area or facility, wireless communications towers, a power
generating station, septic or sludge disposal, long-term storage of
trucks or equipment, or bulk storage of materials. Examples of essential
services include underground or overhead transmission systems, poles,
wires, pipes, cables, hydrants, or other similar equipment.
A building containing guest rooms for lodging, offered to
the public for compensation, which are advertised, designed, intended,
marketed or routinely utilized for weekly or monthly occupancy, or
alternatively, in which at least 30% of the guest rooms have facilities
for the refrigeration and preparation of food by guests, such as a
refrigerator and cooktop/stove (or a refrigerator, a microwave, and
a dishwasher or kitchenette sink), and a self-serve laundry facility
is available for guest use. For purposes of this ordinance, "extended
stay hotels" are separate and distinct uses from "hotels" and "boarding
rooms" as defined elsewhere in this ordinance.
One or more persons living in a single dwelling unit and
functioning as a common household unit. A family shall not include
more than four persons who are not related to each other.
See "agricultural marketing enterprise."
See "agricultural marketing enterprise."
The ditching and subsurface excavation of farm fields resulting
in a pond used for agricultural purposes.
See "agricultural marketing enterprise."
See "agricultural marketing enterprise."
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier that is constructed of wood, chain-link
metal, vinyl or aluminum and/or plastic inserts. Man-made barriers
constructed principally of masonry, concrete, cinder block or other
materials shall be considered a wall. The terms "fence" and "wall"
do not include hedges, trees or shrubs. The term "wall" does not include
engineered retaining walls, which are permitted uses as needed in
all districts. (See "retaining wall, engineered.")
The following definitions apply exclusively to § 190-506, Floodplain management.
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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").
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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).
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BASE FLOOD ELEVATION (BFE) — The elevation
shown on the Flood Insurance Rate Map (FIRM) for AE Zones 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. Within
the approximated floodplain, the base flood elevation shall be established
as a point on the boundary of the approximated floodplain which is
nearest to the construction site in question.
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BASEMENT — Any area of a building having its
floor below ground level on all sides.
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COMPENSATORY STORAGE — Excavation within or
directly contiguous to a flood hazard area, above the seasonal high
groundwater table elevation and below the design flood elevation,
of a hydraulically equivalent volume provided to balance the effects
of proposed fill on the flood hazard area (no net loss of floodplain
storage volume). Areas excavated for compensatory storage shall become
part of the flood hazard area and not be separated from the flood
hazard area by an open channel or closed conduit or culvert.
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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. The term shall also include, but shall
not be limited to, the placement or development of a mobile (manufactured)
home on a lot or the placement or development of any recreational
vehicle or travel trailer on a lot for more than 180 consecutive days.
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EXISTING MANUFACTURED HOME PARK OR SUBDIVISION —
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which 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.
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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 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).
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FLOOD — A temporary inundation of normally
dry land areas.
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FLOOD INSURANCE RATE MAP (FIRM) — The official
map on which the Federal Emergency Management Agency has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
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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.
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FLOODPLAIN AREA — A relatively flat or low
land area which is 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.
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FLOODPROOFED — Watertight, with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
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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.
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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 ordinance.
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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 connected
to the required utilities. For floodplain management purposes, the
term "manufactured home" also includes travel trailers and other similar
vehicles placed on a site for greater than 180 consecutive days. For
insurance purposes, the term "manufactured home" does not include
park trailers, travel trailers and other similar vehicles. The term
"manufactured home" shall have the same meaning as "mobile home."
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MANUFACTURED HOME PARK OR SUBDIVISION — For
floodplain management purposes, a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
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MINOR REPAIR — The replacement of existing
work with equivalent materials for the purpose of its 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 minor repairs include addition to,
alteration of, replacement or relocation of any standpipe, water supply,
sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping,
electric wiring, mechanical or other work affecting public health
or general safety.
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NEW CONSTRUCTION — Structures for which the
start of construction commenced on or after the effective start date
of this floodplain management ordinance and which includes any subsequent
improvements to such structures. Any construction started after June
28, 1976, and before the effective start date of this floodplain management
ordinance 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. Work on existing structures is covered under the
definition of "substantial improvement."
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NEW MANUFACTURED HOME PARK OR SUBDIVISION —
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which 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.
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PERMANENT — Having a life span of six months
or more at a particular location.
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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.
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RECREATIONAL VEHICLE — A vehicle which is:
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A.
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Built on a single chassis;
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B.
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Not more than 400 square feet, measured at the largest horizontal
projections;
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C.
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Designed to be self-propelled or permanently towable by a light-duty
truck; and
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D.
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Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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REGULATORY FLOOD ELEVATION — The base flood
elevation (BFE) or estimated flood height as determined using simplified
methods plus a freeboard safety factor of 1 1/2 feet. The freeboard
safety factor also applies to utilities and ductwork.
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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 or AE.
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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.
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STRUCTURE — For floodplain management purposes,
a walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
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SUBSTANTIAL DAMAGE — Damage from any cause
sustained by a structure whereby the cost of restoring the structure
to its before-damaged condition would equal or exceed 50% or more
of the market value of the structure before the damage occurred.
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SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction
or improvement of a structure, the cost of which equals or exceeds
50% of the market value of the structure. This term includes structures
which have incurred "substantial damage" regardless of the actual
repair work performed. This term does not include the following:
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A.
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Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
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B.
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Any exterior restoration or interior alteration of an historic
structure listed on the National Register of Historic Places or a
state inventory of historic places or which the Pennsylvania Historical
and Museum Commission has officially determined is eligible for such
listing.
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VIOLATION — The failure of a structure or
other development to be fully compliant with the 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.
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The minimum habitable, heated space intended for human occupancy
and routine use and not including areas shared among dwelling units
(such as common hallways, common stairs and common recreation areas).
The total horizontal square footage of a building. This shall not include areas such as unfinished basements, porches that are not fully enclosed and heated, unfinished attics or other spaces not intended for routine access by humans or not serving a business purpose. "Floor area" shall include spaces such as hallways, business storage, equipment rooms and stairs. The total "floor area" shall be measured between exterior faces of walls. See also separate definitions in Article VI for the purposes of calculating parking requirements.
The ratio of the floor area of a building (including all
its floors) to the area of the lot upon which it sits.
A licensed, self-contained, accessory motorized vehicle or
mobile food unit (a trailer which does not travel under its own power)
that is temporarily permitted to park in a designated area of an established
principal use for the service of food and/or beverages, in a location
approved by the owner of the lot.
A measure of light falling on a surface. One footcandle is
equal to one lumen per square foot — that is, the amount of
light generated by a point source having a luminous intensity of one
candle shining on a one square foot surface with a uniform distribution.
Footcandle measurements shall be made with a photometric light meter
and with a specified horizontal orientation.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
A business establishment approved by the State Board of Funeral Directors and operated by a licensed funeral director (as defined in Title 49, Chapter 13 of the Pennsylvania Code) which provides services for preparing the deceased humans or animals for burial or cremation and which may include rooms for viewings and ceremonies. A crematorium is a separate use accessory to a funeral home or mortuary.
The accessory use of any lot for the occasional sale or auction
of only common household goods and furniture and items of a closely
similar character. The terms "garage sale" and "yard sale" are interchangeable.
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a dwelling, except as may be
allowed as a home occupation or home-based business. The rental to
a person who does not reside on the property of storage space that
would accommodate more than two cars or for commercial purposes shall
be regulated as a business use.
See "dwelling, multifamily dwelling, mid-rise."
A facility supplying and selling gasoline, diesel, natural
gas, or other fuel for motor vehicles directly from pumps and storage
tanks and which may include a convenience store and accessory facilities
for additional services, such as a one-bay car wash or a minor vehicle
repair and service shop for repairs and services not to include body
work or engine, transmission, or suspension overhaul. An accessory
use providing only motor fuel to vehicles operated by that business
shall not be considered to be a gasoline service station. This use
shall not include a use meeting the definition of a "truck stop."
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted, or otherwise constructed when the intended use of such
excavation is for the open-loop or closed-loop circulation of a geothermal
fluid vertically, or the location, acquisition or artificial recharge
of groundwater.
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
A recreational facility that has a course, with a minimum
nine regulation-size holes, for playing golf as its principal use
and that may have a clubhouse, locker rooms, restaurant, swimming
pool, pro shop, facilities for racquet sports, maintenance facilities,
and similar facilities as accessory uses.
Municipal, county, state, or federal government buildings
or facilities designed and intended to be occupied by the government
for public purposes. The term shall include police stations, fire
stations, emergency medical stations, and post offices, but shall
not include sewage treatment facilities, solid waste facilities, or
correctional facilities.
The mean curb level, unless otherwise noted. When a curb
level has not been established, "grade" shall mean the average finished
ground elevation adjoining the buildings.
Any premises in which food, shelter, assisted living services,
assistance or supervision and supplemental health care services are
provided for a period exceeding 24 hours for four or more adults who
are not relatives of the operator, who require assistance or supervision
in matters such as dressing, bathing, diet, financial management,
evacuation from the residence in the event of an emergency, or medication
prescribed for self-administration. A group care facility must be
licensed by the Pennsylvania Department of Human Services and shall
follow all applicable provisions for assisted living residences in
Title 55, Part IV, Subpart E, Chapter 2800 of the Pennsylvania Code,
as amended.
A dwelling in which no more than eight unrelated persons,
each of whom is handicapped (disabled) within the meaning of the Fair
Housing Act (Title 42, Chapter 45, Subchapter II, § 3601
et seq., of the United States Code), live together as a single, nontransient
household unit (i.e., a "family," as defined herein), with such nonresident
staff as may be needed to assist the residents with their daily life
activities. A group home shall follow all applicable provisions for
"Division C-3 occupancy" in Title 34, Part I, Chapter 56 of the Pennsylvania
Code, as amended. If serving a psychiatrically disabled population,
the group home must be licensed by the Pennsylvania Department of
Human Services and shall follow all applicable provisions for Community
Residential Rehabilitation Services (CRRS) in Title 55, Part VII,
Subpart E, Chapter 5310 of the Pennsylvania Code, as amended. Group
homes shall not include uses that meet the definition of "transitional
dwelling."
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated or disposed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation, including, but
not limited to, regulations of the DEP.
The vertical distance measured from the average elevation
of the average proposed ground level along the front of the building
to the highest point of a structure. For a building with a roof, such
"height" shall be measured to the highest point of the structural
roof.
An area, licensed by the Pennsylvania Department of Transportation,
Bureau of Aviation, used for the loading, landing, and takeoff of
helicopters, together with any related support facilities such as
for maintenance, refueling, and storage. This ordinance is not intended
to regulate the nonroutine emergency landing and takeoff of aircraft
to pick up seriously injured or ill persons.
PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport."
PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public.
An accessory area, either at ground level or elevated on
a structure, licensed by the Pennsylvania Department of Transportation,
Bureau of Aviation, and approved for the loading, landing, and takeoff
of helicopters, limited to a maximum total of 15 flights or takeoffs
in any seven-day period and this is not available for use by the general
public. This ordinance is not intended to regulate the nonroutine
emergency landing and takeoff of aircraft to pick up seriously injured
or ill persons.
Pertaining to historic or cultural or architectural values.
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, excluding the keeping of
livestock and permitting the sale of produce raised thereon.
An activity, intended to be financially gainful, conducted
within a dwelling unit, the conduct of which is clearly incidental
and secondary to the residential use of the dwelling unit but where
said activity does not meet the definition of a no-impact home-based
business. A low-impact child day-care home as defined herein is considered
a low-impact home-based business.
An activity, intended to be financially gainful, conducted
within a dwelling unit, the conduct of which is clearly incidental
and secondary to the residential use of the dwelling unit 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 that normally associated with residential use.
The business must satisfy the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than members residing
in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
No on-site parking of commercially identified vehicles shall
be permitted.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
An institution having an organized medical staff established
for the purpose of providing to inpatients, by or under the supervision
of physicians, diagnostic and therapeutic services for the care or
rehabilitation of persons who are injured, disabled, pregnant, diseased,
sick, or mentally ill. The term includes facilities for the diagnosis
and treatment of disorders within the scope of specific medical specialties
but not facilities caring primarily for the mentally ill. A hospital
may also involve medical research and training for health care professions.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. See also "bed-and-breakfast
use." A "hotel" or "motel" may include a restaurant, nightclub, central
kitchen, newsstand, bar or tavern, and/or meeting facilities, provided
that such uses are clearly accessory to the principal use of overnight
accommodations. This definition does not include an "extended stay
hotel" nor "boardinghouse," which are separate and distinct uses,
and are defined elsewhere.
The total area of all impervious surfaces on a lot (including
building coverage) divided by the total lot area.
Areas being voluntarily dedicated as common open space may be
included in the acreage for determining "impervious coverage" of an
adjoining lot.
The nonimpervious coverage may be partially or wholly met by
land that abuts the use, even if such land is in a different zoning
district, an adjoining municipality and/or an abutting lot, if such
land will be deed restricted as permanent open space and be so clearly
stated on official recorded plans. In such case, such land shall be
properly maintained by the abutting use.
Area covered by roofs, concrete, asphalt or other man-made
cover which has a coefficient of runoff of 0.7 or higher. The Township
Engineer shall decide any dispute over whether an area is "impervious."
The point of intersecting legal rights-of-way of two streets.
Plant species that are not native to the state, grow aggressively,
and spread and displace native vegetation. For the purposes of this
ordinance, invasive plant species are identified on the PA DCNR Invasive
Plant List as Rank 1 (severe threat) or Rank 2 (significant threat)
as well as plant species listed on the PA Department of Agriculture's
list of Noxious Weed List.
The Palmer Township Historic Building Inventory, a list of
buildings in Palmer Township having historical or cultural or architectural
significance, identified by the Planning Commission and approved by
Board of Supervisors.
Any discarded, unusable, scrap or abandoned man-made or man-
processed material or articles, such as the following types: metal,
furniture, appliances, motor vehicle parts, aircraft, glass, plastics,
machinery, equipment, containers and building materials other than
materials permitted actively being used under a valid construction
permit. "Junk" shall not include solid waste that is temporarily stored
as is customary in an appropriate container that is routinely awaiting
collection and disposed of in a manner consistent with state regulations;
toxic wastes; grass clippings, leaves or tree limbs, or items clearly
awaiting imminent recycling at an approved recycling use.
Includes any vehicle or trailer that meets any of the following
conditions:
Does not display a current license plate with a current registration
sticker or does not have a valid safety inspection sticker (except
for licensed antique cars not required to have an inspection sticker)
as identified by the Commonwealth of Pennsylvania.
Cannot be immediately moved under its own power, in regard to
a vehicle designed to move under its own power, other than a vehicle
clearly needing only minor repairs.
Cannot be immediately towed, regarding a vehicle designed to
be towed.
Has been demolished beyond repair.
Has been separated from its axles, engine, body or chassis.
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
See § 190-604 (Parking of commercial, unlicensed and junk vehicles in residential districts).
An area of land where junk as defined herein is stored (primarily
outdoors), collected, dismantled, scrapped, and/or processed for sale,
salvage, or disposal. The outdoor storage of two or more unlicensed,
uninspected, wrecked, or inoperable vehicles on a lot, other than
that used for "auto, boat and/or mobile/manufactured home sales or
rental" or an "auto repair or service garage" as defined herein, shall
be considered a junkyard.
The keeping of domestic animals that are normally considered
to be kept in conjunction with a dwelling for the pleasures of the
resident family. This shall include dogs, cats, birds, gerbils, fish,
iguanas, turtles, rabbits, and other animals commonly sold in retail
pet shops.
The keeping of a six or more of dogs or cats on a lot or
within a building beyond that number permitted by the definition for
"keeping of pets." A nonprofit animal shelter is considered a type
of kennel.
A type of solid waste disposal area involving the depositing
of solid waste on land, compacting the waste, covering the waste with
soil, and then compacting the soil, and which has a permit to operate
as a sanitary landfill from the state.
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months), or authorized officers of a partnership
or corporation that is a "landowner" or other person having a proprietary
interest in land. A person who has clearly received formal notarized
powers of attorney relating to a landowner may act in the capacity
of the landowner, if legally authorized.
See "cultural center."
Illumination that passes from the source through a filter,
cover, or shade, or which otherwise does not meet the definition of
"direct light."
Lighting where the source is visible and the light is distributed
in an uninterrupted path between the source and the target. That is,
directly from the source to the object to be illuminated.
The street right-of-way line. This shall be the future street
right-of-way line, if one is required to be established.
A separate parcel of land that is recorded or that will be
recorded after Township final subdivision approval in the office of
the County Recorder of Deeds. A parcel under common ownership that
is completely separated into two parts by a public street shall be
considered to be one tract but two "lots."
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
"lot area" of uses other than townhouses and low-rise apartments (which
are regulated by a separate section), "lot area" shall not include
any of the following:
Areas within the "existing" and/or "future" rights-of-way of
any proposed or existing public streets or alleys.
Areas within the cartway or access easement (whichever is most
restrictive) of any proposed or existing private streets that serve
more than one lot.
Areas that are currently or will be required to be dedicated
as common open space on a separate lot.
For residential lots only: areas within rights-of-way or easements
of overhead electrical lines of 35 kilovolts or higher capacity.
The average horizontal distance between the front and the
rear lot lines, measured through the approximate center of the lot.
The property lines bounding the lot. Wherever a property line
borders a public street, the lot line shall be considered to be the
existing street right-of-way.
Types.
FRONT LOT LINE (street line)A lot line separating the lot from the existing street right-of-way.
REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three sided lot has no "rear lot line.")
SIDE LOT LINEAny lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
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The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, the "lot width" shall be
measured using a straight line from end to end.
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A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. 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°.
A lot other than a corner lot.
A lot that abuts two approximately parallel streets, but
only has access onto one street.
A lot that abuts two approximately parallel streets.
The activity of producing goods by hand, by industrial equipment,
or by other agency, typically the provision of labor and the use of
machinery, including the making of wares and the transformation of
raw materials into refined materials or finished goods. The term shall
include the following uses:
LIGHT MANUFACTURINGAny facility involving 1) generally unobtrusive processes resulting in the generation of hazardous waste products at a scale no greater than permitted as a Small Quantity Generator (SQG), or any future equivalent adopted metric in accordance with the Pennsylvania Department of Environmental Protection, and/or 2) the manufacturing of small finished goods, by which less potential exists for air, water, soil, noise, and light pollution than with heavy industry. Light industry includes, but is not limited to, the manufacture or processing of: food and beverage products, electronic devices, precision instruments, household appliances, machine tools, optical goods, personal care products, nontoxic commercial products, nonexplosive cleaning products, wood and paper products, home and office furnishings, printed materials, ceramics, glass products, jewelry and personal accessories, apparel, lightweight nonferrous metal casts and dies, graphic arts products, light sheet metal products, film, games and toys, and plastic goods.
HEAVY MANUFACTURINGAny facility involving 1) processes resulting in the generation of hazardous waste products at a scale permitted as a Large Quantity Generator (LQG), or any future equivalent adopted metric in accordance with the Pennsylvania Department of Environmental Protection, and/or 2) the production of raw materials into refined materials by mechanical or chemical transformation, and/or 3) manufacturing processes that do not meet the definition of light industry. Heavy industry includes, but is not limited to, steel production, coke production, oil and gas production and refining, ethylene production, cracking of ethane or propane, gravel and limestone mining, pharmaceuticals, motor vehicle assembly, aerospace manufacturing, and shipbuilding.
The use of a premises to dispense medical marijuana by legal
permit issued by the Pennsylvania Department of Health.
The use of a premises to grow and process medical marijuana
by legal permit issued by the Pennsylvania Department of Health.
A use involving the treatment and examination of patients
by state-licensed physicians, dentists, or other health care professionals,
including mental health care professions, provided that no patients
shall be kept overnight on the premises.
A facility routinely used by a recreational, civic, social,
fraternal, religious, political, or labor union association of persons
for meetings and routine socializing and recreation that are limited
to members and their occasional guests, and persons specifically invited
to special celebrations, but which is not routinely open to members
of the general public and which is not primarily operated as a for-profit
business. This use shall not include a gun club or target range for
outdoor shooting and shall not meet the definition for a "boardinghouse,"
"bar or tavern," "nightclub," or any other similar commercial use.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and davamite,[6] sand and gravel, rock and stone, earth, fill, slag, iron
ore, zinc ore, vermiculite and clay, anthracite and bituminous coal,
coal refuge, peat and crude oil and natural gas.
Includes all activity which removes from the surface or beneath
the surface of the land some material mineral resources, natural resource,
or other element of economic value, by means of mechanical excavation
necessary to separate the desired material from an undesirable one;
or to remove the strata or material which overlies or is above the
desired material in its natural condition and position. "Mineral extraction/open-pit
mining" includes but is not limited to the excavation necessary to
the extraction of sand, gravel, topsoil, limestone, sandstone, coal,
clay, shale, and iron ore.
A single building occupied by a two or more separate principal
uses. For example, a building containing a retail establishment and
a professional office or a building containing a personal services
establishment and an upper-floor apartment would both meet the definition
of this term.
See "hotel or motel."
A vehicle which is self-propelled except an electric personal
assistive mobility device or a vehicle which is propelled solely by
human power.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968,[7] as amended.
A noncommercial preservation of land for providing wildlife
habitats, forests, or scenic natural features that involves no buildings
other than a nature education and/or visitor center and customary
maintenance buildings. A nature reserve may include state or federal
lands where hunting and fishing are permitted or where game and fish
are raised.
An establishment that meets all of the following standards:
Offers amplified music after 12:00 midnight;
Sells or allows alcoholic beverages primarily for on-site consumption;
Includes hours open to patrons after 12:00 midnight;
Has a building capacity of over 100 persons; and
Has less than 20% of its total sales in food and nonalcoholic
beverages.
A recreational structure that is clearly accessory, customary,
and incidental to a principal dwelling on a residential lot, and which
is commonly found in yard areas. Examples include: swimming pools,
tennis courts, basketball hoops, and children's playground equipment.
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated
but was lawfully in existence prior to the effective date of this
ordinance or is legally established through the granting of a variance
by the Zoning Hearing Board, and which is not abutted by other undeveloped
land owned by the same owner.
A structure or part of a structure manifestly not designed
to comply with the applicable lot area, dimensional and other provisions
in this ordinance, as amended, where such structure lawfully existed
prior to the enactment of such ordinance or applicable amendment.
Such nonconforming structures include, but are not limited to, signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this ordinance or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this ordinance or applicable amendment.
See "plant nursery."
A facility that provides either skilled or immediate nursing
care or both levels of care for two or more patients, who are unrelated
to the licensee, for a period exceeding 24 hours. A nursing home must
be licensed by the Pennsylvania Department of Health and shall follow
all applicable provisions for long-term care nursing facilities in
Title 28, Part IV, Subpart C of the Pennsylvania Code, as amended.
A nursing home may also be established as a continuing care retirement
community (CCRC), which provides a continuum of accommodations and
care, including independent living, skilled care, assisted living,
memory care, and short-term rehabilitation.
See "sewage disposal system."
A use that involves administrative, clerical, financial,
governmental, or professional operations, and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical or dental offices, clinics,
or laboratories. Examples of professions carried on in professional
offices include, but are not limited to: architects, engineers, accountants,
attorneys, real estate agents, insurance agents, business consultants,
financial analysts, physicians, dentists, psychotherapists, television
and radio broadcasters, computer programmers, graphic designers, call
center representatives, and notaries. This term may include buildings
or shared workspaces involving the practice of multiple professions
by multiple practitioners.
Any Official Map that may be adopted or amended by the Board
of Supervisors in accordance with the PA Municipalities Planning Code.[8]
The map as adopted by the Board of Supervisors classifying
the streets of the Township. See definition of "street classification."
This map may be amended by resolution of the Board of Supervisors.
The map as adopted by the Board of Supervisors which designates
the location and boundaries of zoning districts.
The temporary accessory sale of fresh and packaged agricultural
products or handicrafts directly to consumers in an outdoor area of
an established principal use, in a location approved by the owner
of the lot. See "farmers market."
The area of a lot unoccupied by principal or accessory structures,
streets, driveways, or parking areas; but includes areas occupied
by walkways, patios, porches without roofs, playgrounds, outdoor recreation
or play apparatus, gardens or trees.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public.
If not intended to be publicly owned, is covered by a process
for perpetual maintenance.
Will be deeded to the Township and/or deed restricted to permanently
prevent uses of land other than "common open space" and noncommercial
recreation.
Does not use any of the following areas to meet minimum open
space requirements:
Existing or future street rights-of-way.
Accessways.
Buildings (other than accessory buildings and pools clearly
intended for noncommercial recreation).
Off-street parking needed to meet minimum requirements of this
ordinance (other than that clearly intended for noncommercial recreation).
Any area needed to meet a requirement for an individual lot.
Any area deeded over to an individual property owner for his/her
own use.
Land with rights-of-way intended eventually for overhead electrical
transmission of 35 kilovolts or greater capacity.
Any area routinely under water.
The Palmer Township zoning ordinance, including the Official
Zoning Map, Official Street Classification Map, and any amendments
enacted by the Board of Supervisors.
A seating area incidental and accessory to a restaurant for
patrons of said restaurant to consume food or beverages outdoors but
on the premises.
An area or facility storing or offering for sale building
supplies, metal supplies, lumber, stone, coal, heavy equipment, feed
and grain, sand and gravel, and similar goods. This term shall not
include the wrecking, salvaging, dismantling, scrapping, or storage
of junk vehicles.
A building lot separated or separable from a commercial development,
to be sold and/or developed under separate ownership.
Pennsylvania.
Off-street parking and aisles for vehicles unless otherwise
stated.
A paved, off-street area other than a driveway or a street
with adequate means of access and used exclusively for the parking
of three or more vehicles and which may consist of a covered structure
or portion of a structure, other than a private garage. A parking
lot or structure may be a principal use on its own lot where permitted
or accessory to the principal use of the lot.
An outdoor area that is not covered by a permanent roof and
that is used as an accessory recreation area by the occupants of a
building.
All areas covered by gravel and/or impervious surfaces, other
than areas covered by buildings, bicycle paths and pedestrian sidewalks.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is, to the best knowledge of the Township staff, in accordance with this ordinance and which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations. For the purposes of this ordinance, a "zoning permit" or "a permit under this ordinance" shall mean the applicable portions of a construction permit, unless a specific system of zoning permits has been established.
CONSTRUCTION PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is, to the best knowledge of the Township staff, in accordance with the provisions of the Building Code which may be adopted by the Township.
OCCUPANCY PERMITA permit that may be required by the Township that is issued upon completion of the construction of a structure or change in use of a structure or parcel of land, or re-occupancy of a structure or land, indicating that the premises, to the best knowledge of the Building and Zoning Officers, complies with the provisions of Township ordinances. This shall have the same meaning as a "certificate of use and occupancy."
Uses that do not have to be approved as uses by the Zoning
Hearing Board or the Board of Supervisors. (A site plan review by
the Planning Commission and the Board of Supervisors is required for
certain permitted by right uses to ensure that the use would comply
with all Township ordinances.) A "nonconforming use" shall not be
considered to be a "permitted use."
A dwelling in which food, shelter, and personal assistance
or supervision are provided for a period exceeding 24 hours, for four
or more unrelated adults who are not relatives of the operator and
who do not require the services in or of a licensed long-term care
facility but who do require assistance or supervision with activities
of daily living, instrumental activities of daily living, or both.
A personal care home must be licensed by the Pennsylvania Department
of Human Services and shall follow all applicable provisions for personal
care homes in Title 55, Part IV, Subpart E, Chapter 2600 of the Pennsylvania
Code, as amended, and for "Division C-3 occupancy" in Title 34, Part
I, Chapter 56 of the Pennsylvania Code, as amended.
An establishment that provides a service oriented to personal
needs of the general public and which does not involve retail or wholesale
sales or services to businesses. "Personal services" include, but
are not limited to, barber- and beauty shops, health spas, tanning
salons, licensed massage establishments, yoga studios or small fitness
studios, optometrists' offices and accessory eyeglass shops,
photography studios, travel agencies, retail tax preparation services,
shoe repair shops, household appliance repair shops, and other similar
establishments, but shall not include any adult uses.
See "agricultural marketing enterprise."
An area of open space and pavilions that is not publicly
owned and which is rented for picnics and outdoor recreation.
A facility that is designed for the assembly or meeting of
persons for religious, civic, political, educational, or social purposes,
not including a "membership club, lodge or fraternal organization"
as defined herein and not under the ownership of a governmental agency,
and where recreation, amusement, or dining may occur as accessory
activities. A place of assembly or worship may also include, as accessory
uses, administrative offices, child day-care centers, rooms for religious
education, rectories, convents, seminaries, and shrines.
An area of land under single ownership, developed as a single
entity, and designed with shared parking and loading, for a number
of dwelling units, or combination of residential and nonresidential
uses, as permitted by right or as a conditional use in the district
in which the development is proposed, provided that approval must
be obtained for any proposed use so listed in the regulations of the
district in which the development is proposed.
The Planning Commission of Palmer Township.
The indoor and/or outdoor raising of trees, plants, shrubs,
or flowers for sale, but not primarily including commercial forestry
for lumber.
A container that is not affixed to the land and that is designed
for temporary short-term storage.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by United States Department
of Agriculture Natural Resource and Conservation Services County Soil
Survey.
The building in which the principal use of a lot is conducted.
Any building that is physically attached to a principal building shall
be considered part of that principal building.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
Includes any occupation or vocation in which a professed
knowledge of some department of science or learning is used by its
practical application to the affairs of others, either advising, guiding
or teaching them and in serving their interests or welfare in the
practice of an art founded on it. The work implies attainments in
professional knowledge as distinguished from mere skill and the application
of such knowledge to uses for others as a vocation. It requires knowledge
of an advanced type in a given field of science or instruction and
study, and some form of professional certification by the commonwealth
or a professional organization.
Has the same meaning as "lot line."
Notice required by the Pennsylvania Municipalities Planning
Code.[9]
Land and/or facilities that are owned by the Township or
another government agency and are available for use by the general
public for leisure and recreation.
This shall include facilities such as electrical substations,
telephone exchange centers and other similar facilities that are operated
by public utility companies. These uses shall be of such a character
that they are compatible with adjacent uses and neighborhoods. In
an LDR, MDR or HDR District, this shall not include uses of a character
such as heavy vehicle storage, business offices or bulk storage. See
also applicable sections of the Pennsylvania Municipalities Planning
Code relating to Public Utility Commission preemption.
The raising and keeping of livestock, poultry, or insects
for any commercial purposes or the keeping of any animals for any
reason beyond what is permitted by the definition of "keeping of pets"
or "urban keeping of livestock." Also known as "animal husbandry."
For the purposes of this ordinance, these terms shall not include
a slaughterhouse or a stockyard used for the housing of animals awaiting
slaughter.
Those recreational pursuits which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to, playgrounds, ball courts,
golf courses, and swimming pools.
Those recreational pursuits which can be carried out with
little alteration or disruption to the area in which they are performed.
Such uses include, but are not limited to, hiking, picnicking, and
bicycle paths/trails.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure time
or recreational use. Recreational vehicles include travel trailers,
truck-mounted campers, motor homes, folding tent campers and automobiles,
buses or trucks adapted for vacation use, snowmobiles, mini-bikes,
all-terrain vehicles, go-cart, golf carts, personal watercrafts, boats,
boat trailers, and other vehicles not suitable for daily conventional
family transportation on Township roads, streets and highways.
An outdoor area used for the storage of three or more recreational
vehicles. Retail sales or major repair work shall only be allowed
if those uses are permitted in that zoning district.
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted by right accessory use
in all zoning districts, without additional regulations. A "recycling
collection center" is also a permitted by right accessory use to a
public or private primary or secondary school, a place of assembly/worship,
a Township-owned use, an emergency services building, or a college
or university.
Persons who are closely related by blood, marriage, adoption
or formal foster relationship to result in one of the following relationships:
brother, sister, parent, child, grandparent, great- grandparent, grandchild,
great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin; shall not include relationships such
as second, third or fourth cousins.
A facility used for the research and experimental development
or analytical testing services in the physical, engineering, and life
sciences, such as agriculture, electronics, environmental, biology,
biotechnology, botany, computers, chemistry, food, fisheries, forests,
geology, health, mathematics, medicine, oceanography, pharmacy, physics,
veterinary, and other related subjects. Testing services may occur
in a laboratory or on site.
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, volleyball court, gazebo, storage shed, greenhouse,
children's playhouse, and children's play equipment.
The lot line of a lot that contains an existing dwelling
within 200 feet of such lot line and/or is undeveloped and zoned as
a residential district.
A business establishment where food and/or beverages are
prepared and served to the public for sale and consumption on or off
the premises, or both. If the service of food is secondary to the
sale of alcoholic beverages at an establishment in question, the establishment
shall be considered a "bar or tavern" or "nightclub" as defined herein.
This ordinance categorizes restaurants into the following types:
QUICK-SERVICE RESTAURANTA restaurant where the principal business is the rapid preparation, turnover, and sale of food and/or beverages without waited table service and where over 1/3 of sales are to patrons for off-premises consumption (carryout or delivery), often referred to as a "fast-food restaurant." Menus for quick-service restaurants are posted, and food and beverages served at such restaurants are usually ordered at a counter and contained in disposable containers or packaging, with on-premises patrons typically expected to clean up after themselves. This term shall include coffee shops or cafes and ice cream stands, as defined herein. Accessory drive-through facilities may be included where permitted. Quick-service restaurants meeting the definition of an ice cream stand may include an accessory walk-up window. A quick-service restaurant may include the accessory sale of alcoholic beverages. However, if such sale consists of over half of the total trade, the requirements of a "bar or tavern" or "nightclub," as applicable, must be met. A quick-service restaurant may include a drive through facility as an accessory use in districts where permissible. See § 190-924 for standards related to drive-through.
SIT-DOWN RESTAURANTA restaurant where the principal business is the sale of food and beverages with waited table service or where less than 1/3 of sales are to patrons for off-premises consumption (carryout or delivery). Menus for such restaurants are often provided individually to on-premises patrons at their tables, or food may be selected from a buffet table or cafeteria line. A sit-down restaurant may include the accessory sale of alcoholic beverages. However, if such sale consists of over half of the total trade, the requirements of a "bar or tavern" or "nightclub," as applicable, must be met.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, gasoline service station, auto repair garage, convenience
store, or any restaurant.
A professionally engineered structure designed and constructed
to retain the earth on one side at a higher elevation than the earth
on the other side, in such a way that resists the lateral displacement
of soil or other materials, in order to stabilize slopes and provide
usable areas of land at different elevations.
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, "right-of-way" shall mean
the existing street right-of-way line.
The line separating a lot from the established official street
right-of-way that either the Township or Commonwealth will own after
the completion of any proposed subdivision, land development or development
of a use under this ordinance.
Land that is dedicated or is required to be defined or reserved
for future dedication for use as a street and for related public improvements.
The terms "ultimate right-of-way," "right-of-way reserved for future
dedication" and "future right-of-way" shall have the same meaning.
If a "future right-of-way" is not required to be defined, then "future
right-of-way" shall have the same meaning as "existing right-of-way."
Unless specifically defined below, words and phrases used
in this ordinance shall be interpreted so as to give this ordinance
its most reasonable application. The following words, terms and phrases
shall have the following meanings for the purposes of this section:
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APPLICANT — A landowner or developer who has
filed an application for subdivision or land development or for any
zoning or building permit that will result in land disturbance, including
his heirs, successors and assigns or the equitable owner of property
with the owner's permission. Applicants must either be the legal
or beneficial owner or owners of land subject to the application,
including the holder of an option or contract to purchase (whether
or not such option or contract is subject to any condition), a lessee
if he is authorized under the lease to exercise the rights of the
landowner, or other person having a proprietary interest in land.
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BANKFULL FLOW OR LEVEL — The discharge that
just fills the water channel to the top of its banks and at a point
where the water beings to overflow onto a floodplain.
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BEST MANAGEMENT PRACTICE (BMP) — A structural
or nonstructural device designed to temporarily store or treat stormwater
runoff in order to mitigate flooding and pollution and reduce soil
loss and water quality degradation caused by runoff containing nutrients,
animal wastes, toxins, and sediments.
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EDGE OF WATER — The top of bank of a watercourse,
or the limit of water within a wetland, pond, lake, or other surface
water feature that does not have a discernible bank.
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FORESTED RIPARIAN BUFFER — A riparian buffer
that consists predominantly of native trees, shrubs and/or herbaceous
plants that provide a minimum of 60% uniform canopy coverage.
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IMPACTED RIPARIAN BUFFER — A riparian buffer
that does not consist predominantly of native trees, shrubs and/or
herbaceous plants, and where its existing use, or activity conducted
thereon, is not otherwise exempted or expressly permitted by the provisions
of this ordinance.
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IMPERVIOUS COVER — Those surfaces that do
not readily absorb precipitation and surface water. The term includes
but is not limited to buildings, parking areas, driveways, roads,
sidewalks, swimming pools, and any areas in concrete, asphalt, packed
stone, or other equivalent surfaces, including those with a coefficient
of runoff of 0.7 or higher. Impervious surfaces also include disturbed
soils with a bulk density of 95% of the value at which plant growth
limitation is expected for average plant material.
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LAND DISTURBANCE — Any activity that exposes
soils, alters topography, and/or alters vegetation.
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NORMAL POOL ELEVATION —
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A.
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For water bodies which have no structural measures to regulate
the height of water, the height of water at ordinary stages of low
water unaffected by drought.
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B.
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For structurally regulated water bodies, the elevation of the
spillway, outlet control, or dam crest which maintains the water body
at a specified height.
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C.
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The term does not apply to wetlands.
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RIPARIAN — Belonging or related to the bank
of a water body, river, stream, wetland, lake, pond, or impoundment.
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RIPARIAN BUFFER — A vegetated area, including
trees, shrubs, and herbaceous vegetation, adjacent to a water body.
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TOP OF BANK — The elevation at which rising
waters begin to inundate the floodplain. In case of ambiguous, indefinite,
or nonexistent floodplain or question regarding the location, the
Top of Bank shall be the bankfull water elevation as delineated by
a person trained in fluvial geomorphology. "Top of Bank" shall be
synonymous with "edge of water," where applicable.
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WATER BODY — Any natural or man-made pond,
lake, wetland, impoundment, or watercourse. This shall not include
any pond or facility designed and constructed solely to contain stormwater,
or a swimming pool.
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WATERCOURSE — Any channel of conveyance of
surface water having a defined bed and banks, such as a stream, river,
brook, or creek, whether natural or artificial, with perennial, intermittent
or seasonal flow. This shall not include any channel or ditch designed
and constructed solely to carry stormwater.
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WETLAND OR WETLANDS — Those areas 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, ponds, lakes, and
similar areas. Wetlands shall include any area so delineated by the
National Wetlands Inventory of the U.S. Fish and Wildlife Service
and all lands regulated as wetlands by the Pennsylvania Department
of Environmental Protection (PA DEP) or the U.S. Army Corps of Engineers
(USACE). In the event there is a conflict between the definitions
of these agencies, the more restrictive definition that defines the
wetlands most expansively shall apply.
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An accessory device for the transmission and reception of
radio, television, or other electromagnetic signals incorporating
a reflective surface, which is solid, open mesh, or bar-configured
and is in the shape of a shallow dish, cone, horn, or cornucopia,
with a pedestal or other attachments.
A privately operated, for-profit establishment providing
technical, vocational, trade-related or craft/hobby-related training
or education and that does not primarily provide state-required education
to persons under the age of 16.
An accredited facility of instruction operated by a public,
private nonprofit, or religious organization, having regular sessions,
with regularly employed instructors and meeting all of the requirements
of the Pennsylvania Department of Education for providing primary,
secondary, post-secondary, undergraduate, and/or graduate collegiate
education. The term shall not include commercial schools.
Year-round plant material of substantial height and density designed to buffer one use from view or from a less intense use. See requirements in § 190-804D, Buffer yards.
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
See "essential services."
The line within a lot defining the required minimum distance
between any structure to be erected or use to be developed and the
adjacent future street right-of-way or exterior lot line (when the
property is not abutted by a right-of-way). Such line shall be measured
at right angles from and parallel to lot lines. A "yard" consists
of the land area created by such setback line extended on a plane
parallel to the ground extending the full width of the lot (in the
case of front setback lines and rear setback lines) or the full front-rear
length of the lot minus the extent of the front and rear setback lines
(in the case of side setback lines).
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 190-804B, Exceptions to minimum lot areas, lot widths and yards.
Unless otherwise stated, setback distances are for both accessory
and principal structures.
Private streets. For a building setback measured from a private
street, the setback shall be measured from the existing right-of-way
of such a street or the defined access easement lines, if a right-of-way
or easement exists. If a private street does not have a right-of-way
or access easement, then setback shall be measured from the edge of
the cartway.
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, state and
federal requirements.
PUBLIC SEWER SERVICEService at the time of occupancy of a use by a central sewage treatment plant that is owned by a municipality or a municipal or county authority.
ON-LOT OR NONPUBLIC SEWER SERVICEAny form of sewage service permitted under local, state and federal law that does not meet the definition of "public sewer service," including septic systems.
The treated, conditioned digested accumulated settled solids
deposited as a result of sewage treatment processes that occur within
the requirements of a state or federal environmental pollution or
on-lot septic system permit. This shall only include substances adequately
stabilized so that they are suitable for land application. See the
separate Township ordinance on the land application of sewage sludge.
A group of three or more business establishments that are
planned, owned, and managed as a total integrated entity with common
facilities such as employee and patron parking, loading and unloading
spaces, pedestrian walks, utilities, and sanitary facilities shared
between the establishments. Principal uses permitted in shopping centers
are limited to the following: retail establishments, restaurants,
bars or taverns, personal services establishments, business and general
services establishments, laundromats, banks or financial institutions,
commercial indoor recreation facilities, commercial schools, performing
arts studios, art studios or galleries, theaters (excluding adult
theaters), public or institutional uses and buildings, and offices
and apartments located in mixed-use buildings.
The accessory use of a single-family dwelling unit rented
for the purpose of overnight lodging by nonrelated individuals for
a period of not less than one and not more than 30 days and which
does not meet the definition of a bed-and-breakfast use.
An area required to be kept free of visual obstruction. See § 190-804C, Sight distance.
Any physical device for visual communication that is used
for the purpose of attracting attention from the public and that is
visible from beyond an exterior lot line, including all symbols, words,
models, displays, banners, flags, devices or representations. This
shall not include displays that only involve symbols that are clearly
and entirely religious in nature, and which do not include advertising.
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ABANDONED SIGN — A sign which has not identified
or advertised a business, service, owner, product, or activity for
a period of at least 180 days (for off-premises signs) and 360 days
(for on-premises signs).
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AWNING SIGN — Any sign painted on, or applied
to, an awning. An awning shall be defined as a cloth, plastic, or
other nonstructural covering that projects from a wall for the purpose
of shielding a doorway or window. An awning is either permanently
attached to a building or can be raised or retracted to a position
against the building when not in use.
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BANNER SIGN — A sign made of flexible material,
usually a fabric, which is hung at short intervals to promote special
events.
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BILLBOARD — An off-premises sign.
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CANOPY SIGN — Any sign that is part of, or
attached to a canopy. A canopy shall be defined as a structure other
than an awning made of fabric, metal, or other material that is supported
by columns or posts affixed to the ground and may also be connected
to a building.
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DIGITAL SIGN — An on-premises or off-premises
that utilizes digital or video light-emitting diodes (LED), liquid
crystal components (LCD), neon or plasma light segments or similar
electronic methods to create a changeable image display area.
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DIRECTIONAL SIGN — An informational sign indicating
direction, entry or exit, loading or service area, fire lanes, or
similar information incidental to the primary use and not itself advertising
that use.
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ELECTRONICALLY CHANGING MESSAGE SIGN — A sign
or portion thereof that utilizes light-emitting diodes (LED), fiber
optics, light bulbs or other similar illumination devices to create
characters or letters within the display area that can be controlled
or programmed by computer or other electronic device to accommodate
frequent message changes without altering the face or surface of such
sign.
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FENCE SIGN — A sign hung or mounted on a specially
crafted residential fence, advertising the maker or installer of that
fence.
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FEATHER SIGN — A freestanding temporary sign
typically constructed with a plastic or metal shaft driven in the
ground and an attached pennant typically in the shape of a feather,
teardrop or rectangle that is vertically elongated and attached to
a shaft.
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FLAG — Any sign printed or painted on cloth,
plastic, canvas, or other like material with distinctive colors, patterns,
or symbols attached to a pole or staff and anchored along only one
edge or supported or anchored at only two corners, but not including
a feather sign or any other explicitly defined sign.
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FLASHING SIGN — A sign, the illumination of
which is not kept constant in intensity at all times when in use,
and which exhibits sudden or marked changes in lighting effects. Signs
which indicate the time, temperature, date or other similar information
shall not be considered flashing signs.
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FREESTANDING SIGN — A sign supported by structures
or supports that are placed on, or anchored in, the ground; and that
is independent and detached from any building or other structure.
The following are subtypes of freestanding signs:
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GROUND SIGN — A sign permanently affixed to
the ground at its base, supported entirely by a base structure, and
not mounted on a pole or attached to any part of a building. (Also
known as a "monument sign").
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POLE SIGN — A freestanding sign that is permanently
supported in a fixed location by a structure of one or more poles,
posts, uprights, or braces from the ground and not supported by a
building or a base structure.
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IDENTIFICATION SIGN — A sign identifying a
home occupation or identifying the use of a property but one that
has no advertisement.
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ILLUMINATED SIGN, DIRECT — A sign which is
designed to be illuminated by artificial light from a source adjacent
to, or outside of, the sign in such a manner that the source of the
light is not directly visible from the street or any other intended
vantage point of the sign.
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ILLUMINATED SIGN, EXTERNAL — A sign which
is designed to be illuminated by artificial light from a source adjacent
to, or outside of, the sign in such a manner that the source of the
light is not directly visible from the street or any other intended
vantage point of the sign.
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ILLUMINATED SIGN, INDIRECT — A sign which
is designed to be illuminated by light from within the sign rather
than a source adjacent to or outside of the sign.
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ILLUMINATED SIGN, INTERNAL — A sign which
is designed to be illuminated by light from within the sign rather
than a source adjacent to or outside of the sign.
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MOVABLE SIGN — A sign which is not secured
or attached to a structure or to the ground.
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NAMEPLATE SIGN — A sign indicating only the
name and/or address of persons or person residing on or legally occupying
the premises.
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OFFICIAL SIGN — A sign erected by the state,
county, Township or other legally constituted governmental body or
specifically authorized by a Township ordinance or resolution.
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OFF-PREMISES SIGN — An outdoor sign whose
message directs attention to a specific business, product, service,
event or activity, or other commercial or noncommercial activity about
something that is not sold, produced, manufactured, furnished, or
conducted on the premises upon which the sign is located. (Also known
as a "third-party sign," a "billboard, or "outdoor advertising.")
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ON-PREMISES SIGN — A sign whose message and
design relate to an individual business, profession, product, service,
event, point of view, or other commercial or noncommercial activity
sold, offered, or conducted on the same property where the sign is
located.
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OPEN HOUSE or AUCTION SIGN — A temporary sign
used as an open invitation for the general public to inspect a specific
building listed for sale or auction. This shall not include signs
directing persons to a model or sample home.
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PERSONAL EXPRESSION SIGN — An on-premises
sign that expresses an opinion, interest, position, or other noncommercial
message.
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PROJECTING SIGN — A building-mounted, double-sided
sign with the two faces generally perpendicular to the building wall,
not to include signs located on a canopy, awning, or marquee. (Also
known as a "blade sign.")
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PUBLIC SERVICES SIGN — A sign which advertises
availability of rest rooms, telephone, meeting times of service organizations
or other similar public conveniences.
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SANDWICH BOARD SIGN — A type of freestanding,
portable, temporary sign consisting of two faces connected and hinged
at the top and whose message is targeted to pedestrians (Also known
as an "A-frame sign.")
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SIGNABLE AREA — A continuous rectangular area
on the face of a building.
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SIGN AREA — The entire area within a single
continuous perimeter enclosing the extreme limits of such sign and
in no case passing through or between any adjacent elements of the
sign. However, such perimeter shall not include any structural or
framing elements lying outside the limits of such sign and not forming
an integral part of the display.
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SIGN, HEIGHT OF — The vertical distance measured
from the average ground level immediately below a sign to the highest
point of the sign and its supporting structure. Average ground level
shall be measured at grade after construction, exclusive of any filling,
berming, mounding, or excavating solely for the purpose of locating
the sign.
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SIGN, HOME SECURITY — A sign advertising a
company that provides security services and systems to home and business
owners.
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SIGN ON MOBILE STANDS — A freestanding sign of more than six square feet in sign area per side that is not permanently attached to the ground and that was originally designed to be able to be periodically transported to a different location. See § 190-706, Signs prohibited in all districts.
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SIGN, PARKING and NO TRESPASSING — A sign
used to indicate special parking information or to alert people that
they are not to trespass on the property.
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TEMPORARY SIGN — A sign constructed of any
lightweight material intended to be displayed for no more than 30
consecutive days at one time.
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TIME AND TEMPERATURE SIGNS — A sign or portion
of a sign whose sole purpose is to indicate the time and/or temperature.
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VEHICULAR SIGN — A sign affixed to a vehicle
in such a manner that the sign is used primarily as a stationary advertisement
for the business on which the vehicle sits or is otherwise not incidental
to the vehicle's primary purpose.
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WALL SIGN — A sign posted on, painted on,
suspended from or otherwise affixed to a wall or vertical surface
of a building which does not project more than 18 inches from the
wall or vertical surface to which it is attached.
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WINDOW SIGN — A temporary sign attached or
affixed to the interior of a window or door or a sign which is readily
visible and can be read from the exterior through a window or door
from an exterior lot line.
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Review of a site plan by the Planning Commission and/or the Board of Supervisors that is required for certain uses under § 190-811, Site plan review procedures for specific uses.
A use involving the killing of animals for the production
of food or some other commercial product. A commercial stockyard or
similar facility that primarily involves the bulk storage or transferring
of animals on the way to slaughter shall also be considered a'
"slaughterhouse." This shall not include a custom "butcher shop" that
does not involve killing of animals (which is a retail sales use).
This use may involve the testing of tissue, blood, or other
human materials for medical or dental purposes. Such use shall include
a building or buildings with offices for one or more health care professionals
for the examination or treatment of persons as outpatients and laboratories
incidental thereto.
The vertical change of an area of land divided by the horizontal
distance, measured in percent.
An area of land on which the principal use is the capture
of solar energy and its conversion to electrical energy or thermal
power for off-site use. Principal solar energy systems consist of
one or more freestanding ground- or roof-mounted solar modules or
other solar related equipment and may include accessory structures
and buildings, including light reflectors, concentrators and heat
exchangers, substations, electrical infrastructure, transmission lines,
and other appurtenant structures.
An area of land or other area used for a solar collection
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. An small 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.
Unless otherwise stated, shall mean the appointed Solicitor
to the Palmer Township Board of Supervisors.
Any garbage, refuse, sewage sludge or other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from industrial, institutional, public, household, commercial or mining
activities.
For the purposes of this ordinance, the following materials
shall not be considered to be "solid waste":
Portions of trees or shrubs, leaves, mulch and rocks.
Substances legally disposed of into the air or water through
a federal or state pollution discharge permit.
Customary residual wastes from a permitted mineral extraction
use.
Materials of a character such as paper, plastic, aluminum, and
metal that have been separated from the waste stream for recycling.
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
ordinance, provided that the use complies with the conditions and
standards required by this ordinance.
Keeping of three or more horses, which may include a commercial
or private riding club. The housing of one or two horses shall be
considered an accessory use under the definition for "urban keeping
of livestock."
The Commonwealth of Pennsylvania and its agencies.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988,[10] and as may be further amended.
Those areas having slopes of 15% or more.
An enclosed accessory structure maintained primarily for
the convenience of the occupant(s) of the principal building on the
lot and which is not used for the housing of a motor vehicle.
A level of a building routinely accessible to humans having
an average vertical clearance six feet or greater shall be considered
a full "story," except as provided for in the definition of "basement."
Any level of a building having an average vertical clearance from
floor to ceiling of less than six feet shall be considered a "half-story."
A public or private thoroughfare which provides the principal
means of access to abutting lots or that is an expressway, but not
including an alley or a driveway. The terms "street," "highway" and
"road" have the same meaning and are used interchangeably.
The center of the existing street right-of-way or, where
such cannot be determined, the center of the traveled cartway.
The functional classification of streets into the following
types, as shown on the Official Street Classification Map at the end
of this ordinance for existing streets and as determined by the Township
Engineer for future streets:
EXPRESSWAY OR MAJOR ARTERIAL STREETDesigned for large volumes and high-speed traffic with access limited to grade separated intersections.
MINOR ARTERIAL STREETDesigned to carry a high volume of fast or moderate-speed traffic from collector and local streets to major arterial streets.
COLLECTOR STREETDesigned to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to minor arterial streets and to community facilities and to provide access to the abutting properties. Major collector streets typically carry more traffic than minor collector streets.
LOCAL STREETDesigned to provide access to the abutting properties, to serve local traffic movement and as a route to collector streets.
CUL-DE-SAC STREETA local street intersecting another street at one end and terminating in a vehicular turnaround at the other.
A street which is planned in a proposed subdivision or land
development plan or approved within a subdivision or land development
plan, but not yet open to traffic.
A street extended to the boundary of the tract being subdivided
or developed to allow for the future continuation of the street into
abutting land.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
See the definition in the Township Subdivision and Land Development
Ordinance.[11]
The Palmer Township Subdivision and Land Development Ordinance; Chapter 165 of the Township Code, as amended.
See definition in§ 190-506, Floodplain management. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that is intended to serve the residents of only one dwelling unit
and their occasional guests.
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that does not meet the definition of a "household" swimming pool.
This includes a semipublic pool that serves only residents of a development
or members of a club and their occasional guests, or a public pool
intended to serve the general public.
An area of land on which the principal use involves the storage
or distribution of fuel in two or more aboveground or underground
storage tanks and any associated piping, lines, dikes, curbs, transfer
stations, and ancillary equipment.
A business establishment where the permanent application
of body art, including the insertion of pigments under the surface
of human skin or the creation of an opening in the human body for
the purpose of inserting jewelry or other decorations, takes place.
An area of land used for the centralized storage of taxicabs
or buses or where taxis, buses, or trains are congregated for the
loading and unloading of passengers. This term shall include accessory
facilities for the service and repair of vehicles involved in the
normal operation.
A structure or use which is not designed to last or to be
used for a specific use for more than one year or be erected and/or
used for a maximum of 30 days in any calendar year.
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The storage of more than 250 tires on a lot, except for manufacture
or wholesale or retail sales of new tires.
See "dwelling."
Palmer Township, Northampton County, Pennsylvania.
In certain zoning districts, the tract is the minimum amount
of adjacent land area within the Township that is required to be approved
as part of an overall preliminary subdivision or land development
plan in order to allow either certain types of uses or to allow the
creation of lots smaller than a certain specified lot area. An area
of land shall meet the following requirements in order to be considered
a "tract":
Shall only include lands within an approved preliminary plan
that includes a well-defined internal circulation system, maximum
coordination between lots and carefully limited points of vehicular
access onto streets exterior to the tract; and
Shall only include lands that at the time of the approval of
the preliminary plan have one landowner (as defined herein), unless
the applicant proves to the satisfaction of the Township that there
is a legally binding commitment between two or more landowners to
coordinate the access and development of the tract as shown in the
approved preliminary plan; and
Shall include each lot being at least partially abutting another
portion of the tract, except that part of a tract may be separated
by public streets or a waterway.
It is not required that construction of all streets or structures
within an entire minimum tract occur at one point in time.
A vehicle without propelling power designed to be drawn by
a motor vehicle.
A type of facility which receives and temporarily stores
solid waste at a location other than the generation site, and which
facilitates the bulk transfer of accumulated solid waste to a facility
for further processing or disposal, and which may or may not involve
the separation of recyclables from solid waste. Also see definitions
in Title 25 of Pennsylvania Department of Environmental Protection
regulations.[12]
A dwelling occupied on a short-term basis by no more than
eight unrelated persons assigned by a court of law or who are self-referred
or referred by a public, semipublic, or nonprofit agency, for the
purposes of recovery from alcoholism or drug addiction, domestic violence,
community re-entry or work-release following incarceration, court-ordered
assignment as an alternative to incarceration, or any other short-term
supervised arrangement to the extent that such persons is not considered
handicapped (disabled) within the meaning of the Fair Housing Act
(Title 42, Chapter 45, § 3601 et seq., of the United States
Code). A transitional dwelling shall follow all applicable provisions
for "Division C-3 occupancy" in Title 34, Part I, Chapter 56 of the
Pennsylvania Code, as amended, and shall be managed by a public, semipublic,
or nonprofit agency responsible for the occupants' care, safety,
conduct, counseling, and supervision.
A use (other than a prison or a permitted accessory use in
a hospital) providing housing facilities for persons who need specialized
housing, treatment and/or counseling for stays of less than one year
and who need such facilities because of:
Criminal rehabilitation, such as a criminal halfway house or
a treatment/housing center for persons convicted of driving under
the influence.
Addiction to alcohol and/or a controlled substance.
A type of mental illness or other behavior that could cause
a person to be a threat to the physical safety of others.
An establishment, located on a lot no smaller than five acres,
designed to serve the needs of professional drivers and the traveling
public, which shall include vehicle fuel and repair services, convenience
and retail stores, and restaurants, and which may also include related
and ancillary services such as communication and delivery services,
financial services, personal services, lodging for professional drivers,
and amusement games establishments, but does not include a hotel or
motel. The components of a truck stop may be freestanding or combined
in a single building.
An area of land used for the centralized storage of trucks
for the service and repair of vehicles, rest area for company trucker
drivers and education facilities for maintenance personnel and/or
truck drivers.
A building or group of buildings on the same lot used for the purpose of loading or unloading materials or goods from trucks, for the primary purpose of transferring materials and goods, either for distribution or changing from one transportation carrier to another. This use may also involve parking, storage, and incidental repairs and maintenance of primarily tractor-trailers. A truck, rail, or freight terminal may include as accessory uses if they are closely related to the principal use: repair, washing, refueling, and maintenance facilities for trucks using the terminal, administrative uses for the terminal, but shall not include passenger bus or train stations, which are considered "taxi, bus or passenger train terminals" as defined herein. A truck, rail, or freight terminal that exceeds 25,000 square feet in gross floor area shall be required to satisfy the requirements for a large warehouse/logistics use in § 190-983 in addition to the requirements for a truck, rail, or freight terminal in § 190-980.
Small-scale accessory keeping and raising of animals customarily
found on a farm conducted on a lot in conjunction with an authorized
principal use.
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include, but are not limited to,
the following: activity within a building, activity outside of a building,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
The granting of specific permission by the Zoning Hearing
Board to use, construct, expand or alter land or structures in such
a way that compliance not required with a specific requirement of
the zoning ordinance. Any variance shall only be granted within the
limitations of the State Municipalities Planning Code.[13]
A building routinely used for the treatment of animals and
related housing or boarding of sick animals. Treatment of "small animals"
includes only small domestic animals, including, but not limited to,
dogs, cats, rabbits, birds, or fowl. Treatment of "large animals"
includes all types of animals, including horses, cows and pigs. Housing
primarily healthy animals shall be considered a "kennel" and shall
meet the requirements of that use.
Ground planted with grapevines cultivated for the purpose
of commercially producing wine. A vineyard is an agricultural use
where grapes and/or other wine producing crops are grown, but not
on-site consumption.
A window opening for the exclusive use of pedestrians in
the facade of an ice cream stand, theater as defined herein, used
for the dispensing of food, drinks, tickets, and other goods related
to the primary business.
See "fence." See also "retaining wall, engineered."
A building or group of buildings on the same lot used for the
indoor storage of goods, products and materials and/or receipt of
bulk products and separation and distribution of those products to
another warehouse/logistics use or to individual end-user consumers.
A warehouse/logistics use may include value-added services between
a supplier and its customers such as breaking down of large orders
from a single source into smaller orders (break-bulk functions), product
mixing, sorting, packaging, cross-docking, order fulfillment, order
returns, the consolidation of several orders into one large order
for distribution to several recipients and/or vice versa but shall
not include retail or manufacturing uses. This use shall also include
high cube and automated warehouses/logistic uses. Warehouse/logistics
use shall be classified as:
SMALL WAREHOUSE/LOGISTICS USEA warehouse/logistics use that does not exceed 25,000 square feet of gross floor area per lot.
LARGE WAREHOUSE/LOGISTICS USEA warehouse/logistics use that exceeds 25,000 square feet of gross floor area per lot.
A warehouse/logistics use that incorporates 10 or more tractor trailer loading/unloading docks or would generate more than 50 tractor-trailer trips or 100 nontractor trailer truck trips in any twenty-four-hour period based on the latest edition of the Institute of Transportation Engineers' Trip Generation Handbook shall be required to satisfy the requirements for a truck, rail, or freight terminal in § 190-980 in addition to the applicable warehouse/logistics use requirements. A "trip" shall be defined as one arrival at or one departure from the property on which the use is located.
A type of facility that utilizes solid waste (such as trash,
sludge or any other nonhazardous commercial, residential or industrial
materials) as a fuel to produce usable energy (such as steam or electricity)
in bulk to be marketed for reuse to offset disposal costs. Also see
definitions in Title 25 of Pennsylvania Department of Environmental
Protection regulations.[14]
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the Township.
CENTRAL WATER SERVICEService by a central water system that is owned and operated by a municipality, a municipal or county authority or a water company regulated by the State Public Utility Commission, and which transmits water from a common source to more than 30 dwellings or principal uses.
PUBLIC WATER SERVICECentral water service by a system owned by a municipality or a municipal or county authority.
ON-LOT OR NONPUBLIC WATER SERVICEService by a water system that does not meet the definition of a "central water service." In most cases, this would involve an individual well serving an individual lot but may also include a common well or another duly approved system.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
An establishment or place of business engaged in selling
merchandise to retailers, business users, other wholesalers, or their
agents or brokers. A wholesale establishment may sell directly to
the general public, but such sales must comprise less than 50% of
total trade volume.
An area of land on which the principal use is the capture
of wind energy and its conversion to electrical energy or thermal
power for off-site use. Principal wind energy systems consist of one
or more freestanding ground-mounted wind turbines or other related
equipment.
A device accessory to a principal use that converts wind
energy to mechanical or electrical energy.
A structure other than a building, such as a monopole or
guyed tower, designed and used to support one or more communications
antennas, including, but not limited to, antennas used for transmitting
commercial radio or television signals or cellular telephone communications
(but not including amateur radio antennas).
An accessory wireless communication facility, including,
but not limited to, data collection units, antennas, nodes, and related
equipment for the transmission, reception, distribution, or accommodation
of wireless communications services. This term shall not include the
support structures for these accessory facilities, nor does it include
supporting structures on residential dwellings for private, noncommercial
amateur purposes, including, but not limited to, ham radios and citizen
band radios.
An area not covered by buildings and that is on the same lot as the subject structure or use. See "setback line." Regulations of specific districts prohibit principal and accessory structures within specified required minimum yards. See § 190-804, Special lot and yard requirements, sight distance and buffer yards, regarding setbacks from power transmission line rights-of-way and regarding exceptions to yard requirements.
An area required to be open to the sky and not covered by
buildings between the front lot line (which usually is the future
street right- of-way line) and a line drawn parallel to such front
lot line at a distance specified by the applicable section of this
ordinance. Such yard shall extend the full width of the lot from side
lot line to side lot line.
The front yard shall be on a side that faces towards a public
street, whenever one public street abuts the lot.
When a lot abuts onto two or more public streets, all such abutting portions of the lot shall be considered a front yard, unless the Zoning Officer determines that the front yard should follow the clearly predominant front yard orientation of the development of abutting lots. See also§ 190-804 regarding setbacks on corner lots. If two front yards are required, then two side yards shall be required but a rear yard is not required.
No accessory or principal structure shall extend into the required
front yard, except as provided in § 190-804B(4), Projections
into required yards, or another specific provision of this ordinance.
An area required to be open to the sky and not covered by
buildings between the rear lot line and a line drawn parallel to such
rear lot line at a distance specified by the applicable section of
this ordinance. Such "yard" shall extend the full width of the lot
from side lot line to side lot line. (A principal building shall not
extend into the required rear yard for a principal building, and an
accessory structure shall not extend into the required rear yard for
an accessory structure, except as provided in this ordinance.) See
exceptions in § 190-804B(4), Projections into required yards.
An area required to be open to the sky and not covered by
buildings between each side lot line and a line drawn parallel to
each side lot line at a distance specified by the applicable section
of this ordinance. A structure shall not extend into the applicable
minimum side yard, except as provided for in this ordinance. See exceptions
in § 190-804B(4), Projections into required yards.
The designation of specified districts within a municipality,
reserving each district for certain uses, together with limitations
on lot area, heights of structures and other stipulated requirements.
The Official Zoning Map of Palmer Township, Northampton County,
Pennsylvania.
The administrative officers charged with the duty of enforcing
the provisions of the zoning ordinance or his or her officially designated
assistant(s).
The Palmer Township zoning ordinance, as amended.
[2]
Editor's Note: Said Act, 68 P.S. § 700.101 et seq.,
was repealed July 2, 1980, by P.L. 286, No. 82, § 2. See now
the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[4]
Editor's Note: See 55 Pa. Code § 3270.1 et seq.
[6]
Editor's Note: So in original.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[12]
Editor's Note: Title 25, Environmental Protection, of the
Pennsylvania Regulations.
[13]
Editor's Note: See 53 P.S. § 10101 et seq.
[14]
Editor's Note: Title 25, Environmental Protection, of the
Pennsylvania Regulations.
