As used in this chapter, the following terms shall have the meanings indicated. Any word or term not defined herein shall be construed with a meaning of standard usage.
100-YEAR FLOODPLAINThe land area inundated by a flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
ABANDONMENTTo cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility or during normal periods of vacation or seasonal closure.
ABUTTINGHaving a common border with, or being separated from such a common border by a right-of-way, alley, or easement.
ACCESSORY BUILDINGA building use subordinate to a principal building on the same lot and serving a purpose customarily incidental to the principal building.
ACCESSORY DWELLING UNITA residential dwelling unit, 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. Any accessory dwelling unit shall be clearly incidental to the principal dwelling unit in terms of size. Addition. Any alteration intended to enlarge or increase capacity by adding or creating dwelling units, floor area or seats.
ADULT BOOKSTOREAn establishment which has a substantial or significant portion of its stock and trade in, or an establishment which, as one of its principal business purposes, offers for sale, books, films, video cassettes, digital video disks, magazines, other periodicals or similar visual media distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and in conjunction therewith has facilities for the presentation or viewing of adult entertainment by patrons.
ADULT ENTERTAINMENTA. An exhibition of any adult-oriented motion pictures, videotapes, digital video disks, internet streaming or other similar visual media distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas.
A live performance, display or dance of any type which has a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling or any other personnel services offered customers.
ADULT MINI-MOTION PICTURE THEATERAn enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT-ORIENTED ESTABLISHMENTThe term includes, without limitation, the following establishments when operated for profit, whether direct or indirect:
B. Adult motion picture theaters.
Adult mini-motion picture theaters.
Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult entertainment, or where an entertainer provides adult entertainment to a member of the public, a patron or a member.
An adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, sensitivity studio, modeling studio, massage parlor, health spa, or any other term of like import.
The filming of live performances of adult entertainment, excluding editing, digitizing and other post-production activity.
A nightclub, bar, cabaret, theater or other establishment which features or presents adult entertainment.
The retail sale of adult entertainment to a member of the public, patron or member on the premises.
AGRICULTURE OPERATIONAn enterprise that is actively and continuously engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, apiculture, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.
ANIMAL DAY CARE AND TRAININGA facility providing services such as domestic animal day care for part of a day, obedience classes, training, grooming, or behavioral counseling.
ANTENNAAny system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communication facility as defined below.
ASSEMBLY, GENERALAn assembly use that occupies a building with 10,000 square feet or more gross floor area and shall meet the same requirements of neighborhood assembly
ASSEMBLY, NEIGHBORHOODA facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community in a public or private setting. Includes such uses as religious institutions, houses of worship, community centers, auditoriums, civic centers, convention centers, performing arts facilities, an assembly use that occupies a building with less than 10,000 square feet of gross floor area.
ASSISTED CARE AND NURSING FACILITYA building larger than a single-family residential unit to accommodate the number of residents served and special and accessory commercial services provided, often called an assisted-living center.
AUTOMOBILE FUELINGA business involving the sale and distribution of fuel or electric vehicle charging stations. A convenience store may also be included as a secondary use, as well as the sale of propane and kerosene.
AUTOMOBILE SALES AND RENTALSales, leasing, rental and related servicing of new and used automobile, light trucks, cars and sports utility vehicles, boats, off-road vehicles and recreational vehicles limited to a capacity of not more than 1 1/2 tons, snowmobiles, go-carts, motorcycles, utility trailers and similar items; excluding, however, commercial wrecking, dismantling or junkyard.
AUTOMOBILE SERVICEA business involving the servicing of vehicles and/or the sale and distribution of fuel. A convenience store may also be included as a secondary use, as well as the sale of propane and kerosene. Vehicle service includes such uses as automotive filling stations, vehicle repair, and tire sales and mounting. Engine rebuilding, bodywork, and painting are included in this definition.
BANK AND FINANCIAL INSTITUTIONAn establishment or structure for the custody, loan, or exchange of money; for the extension of credit; for facilitating the transmission of funds or the sale of investments, with or without drive-through facilities or automatic teller machines.
BASEMENTThat portion of a building which is partly or completely below grade.
BED AND BREAKFASTA private residence providing temporary lodging to the public consisting of no more than 10 sleeping rooms and in which breakfast is the only meal served and is included in the lodging charge.
BEVERAGE PRODUCTIONA facility for the production, packaging, and sampling of alcoholic beverages — including beer, wine, cider, mead, and distilled liquors — and craft beverages for retail or wholesale distribution, for sale or consumption on or off premises, and which produces 100,000 gallons or more of such beverages per year. Licensing by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth is required, where applicable. Tasting room is a permitted accessory use.
BREW PUBAn eating place, as defined herein, that includes as an accessory use the on-premises production of alcoholic beverages—including beer, wine, cider, and distilled liquors—which produces alcoholic beverages in quantities permissible by the PLCB per year, and primarily sells its beverages on-site, either for on- or off-premises consumption.
BOOTHSThe term booths, cubicles, stalls, compartments, studios, and rooms for purposes of definition in connection with adult-oriented establishments does not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public for the purpose of viewing motion pictures or other adult entertainment for a fee, and which are not open to any persons other than employees.
BUFFER STRIPArea of permanent vegetation separating two other parcels or areas, such as a strip of land between an industrial and residential area.
BUFFER PLANTING STRIPA combination of setback and a visual buffer or barrier and is a yard or area together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each buffer planting strip requirement of Chapter
174, Subdivision and Land Development, §
174-319, are specified and are designed to ameliorate nuisances between adjacent zoning districts and to ensure a desired character along public streets and roads. The planting units required of buffer planting strips have been calculated to ensure that they do, in fact, function as buffers.
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING ENVELOPEThe area within a country lot in a Conservation subdivision where it is permitted to erect structures and disturb land, according to the provisions of §
208-207.
The vertical distance in the case of flat roofs to the level of the highest point of the roof or parapet and in the case of pitched roofs to the mean level between the eaves and the highest point of the roof, measured from the lowest grade abutting the building, excluding entrances to an underground parking area.
BUILDING LINEThe line, parallel to the street line, that passes through the point of the principal building nearest the front lot line.
BUILDING PERMITA valid permit issued by the Township of Marshall pursuant to the provisions of Chapter
52, Building Construction Code.
Term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines, and therefore includes:
A. The size, including height and floor area of building or other structure.
The relation of the number of dwelling units in a residential building to the area of the lot.
All open areas in yard space relating to buildings and other structures.
CANOPY TREEA tree that would occupy the canopy of a forest in a natural ecological situation. These trees are often referred to as "shade trees." Examples include beech, hickory, oak, sassafras, tulip tree, etc.
CAR WASHA building, premises, or portion thereof used for the purpose of cleaning and/or reconditioning the exterior and interior surfaces of automobiles. Car washes may be self-operated, automatic, or have attendants or employees present, regardless of the capacity. Car washes may be a principal use or accessory use to automobile sales (new or used), automobile repair and service, or gas/fuel stations.
CEMETERYAny site containing at least one burial, marked, or previously marked, dedicated to and used or intended to be used for the permanent interment of the human dead, including perpetual care and nonperpetual care cemeteries.
CIRCULATION AREAThat portion of the parking area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking spaces) comprise the circulation area.
CLEAN FILL FACILITYA location for disposal of uncontaminated, non-water–soluble, non-decomposable inert solid material. This includes soil, rock, stone, dredged material, used asphalt, and brick, block or concrete from construction and demolition activities that is separate from other waste and recognizable as such, and is recognized as clean fill under the Pennsylvania Solid Waste Management Act, 35 P.S. §
6018.101 et seq., and any regulations thereto.
Removing all or a majority of trees from the timber harvesting area.
COLLEGE and UNIVERSITYAny place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania for general education and/or research, provided above the level of the secondary school and may include junior college, college, or university, and is authorized to grant academic degrees.
CO-LOCATIONThe mounting of one or more wireless communication facility(s), including antenna, on an existing tower-based wireless communication facility, or on any structure that already supports at least one non-tower WCF.
COMMERCIAL EQUIPMENT AND SUPPLYA use involving the large-scale sale of goods to residents or businesses within the region. The goods or merchandise sold may be of the same type or a variety of types and typically occupy a space greater than 20,000 square feet. This use may include bulk sales, landscaping, construction, remodeling, home improvement and related supplies or services, and typically involves frequent commercial vehicle and consumer traffic. All materials, equipment and vehicles shall be stored within a completely enclosed building.
COMMUNITY GARDENA space used to grow plants for personal use, education, recreation, community distribution, or beautification by members of the neighboring community.
COMMERCIAL KITCHENA facility that prepares food for consumption elsewhere. This may include a test kitchen, school or training kitchen, coworking kitchen, or catering kitchen. This use may be combined with an eating place on site where permitted.
CONDITIONAL USEA use that may be granted only by the Board of Supervisors pursuant to express standards and criteria after recommendation by the Planning Commission and after a public hearing held in accordance with the requirements of this chapter.
CONSERVATION SUBDIVISION DESIGNResidential subdivision developments in which a portion of the area of the total tract of land is designated as greenway area. Development is either concentrated, or "clustered," on that portion of the tract most suitable for development or land is preserved within country lots. See Appendix C.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure.
CONVENIENCE STOREAny retail store with a wide mix of goods typically used daily, including household goods, personal health items, cosmetics, candy, and tobacco products, and food.
COUNTRY LOTA minimum three-acre, privately owned lot comprising part of an area of open land within a Conservation subdivision. The purpose of the country lot is to provide surrounding residents with visual access to greenway land, while keeping the land under private ownership and maintenance. Only one acre located within a building envelope may be developed; the remainder must be protected through conservation easements and used in conformance with standard for greenway land. Public access to country lots is not required.
CURB CUTA means of vehicular approach or entry to or exit from property.
DAY-CARE CENTER, ADULTAny premises operated for profit or not for profit in which adult day care is simultaneously provided for 4 or more adults who are not relatives of the operator. Adult day care is care given for part of the 24-hour day to adults requiring assistance to meet personal needs and who, because of physical or mental infirmity, cannot themselves meet these needs, but who do not require nursing care. Facilities must be properly licensed through the State of Pennsylvania.
DAY-CARE CENTER, CHILDA facility that provides services for which the Pennsylvania Department of Human Services (DHS) has promulgated licensure or approval regulations. A child day-care center is a facility in which seven or more children unrelated to the operator receive child-care services.
DAY-CARE CENTER, HOME-BASEDA facility that provides services for which the Pennsylvania Department of Human Services (DHS) has promulgated licensure or approval regulations. A facility in which four, five or six children unrelated to the operator receive child-care services.
DEDICATIONAn appropriation or giving up of property to public or semipublic uses, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated.
DENSITYThe average number of persons, families, or dwellings per unit of area (acre, square mile, etc.).
DENSITY, GROSSThe quotient of the total number of dwelling units divided by the base site area of a site, expressed in dwelling units per acre.
DEVELOPERAny landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENTThe construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation, filling, dredging, grading, drilling or land disturbance; any use or change in use of any building, structure or land; any extension of use of land; and any planned residential development or subdivision of land.
DEVELOPMENT PLANThe provisions for development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DISTRIBUTED ANTENNA SYSTEMS (DAS)Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
DISTRIBUTION FACILITYA use where goods are received and/or stored for delivery to the ultimate customer at remote locations.
DRAINAGEThe removal of surface water or groundwater from the land by drains, grading or other means such as retention or detention basins, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGEWAYA watercourse which has a contributory watershed area which is at least 100 acres and including land on 25 feet of either side of the channel of the watercourse.
DRIVEWAYThat portion of the parking area that consists of a travel lane bounded on either side by an area that is not part of the parking area.
DRIVE-THROUGH FACILITYAny portion of a building or structure from which business is transacted or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
DWELLINGA building containing one or more dwelling units. The term dwelling or any phrase including dwelling does not include hotel, rooming house, short term rental, and boardinghouse, hospital, or other accommodations used for transient occupancy.
A. SINGLE-FAMILY DETACHED DWELLINGA building used by one family, having only one dwelling unit, and surrounded by open space or yards and which is not attached to any other dwelling by any means. Only one single-family detached dwelling is permitted for each legally subdivided building lot.
B. SINGLE-FAMILY SEMI-ATTACHED DWELLINGOne of two buildings arranged or designed as a dwelling, located on abutting lots, and separated from each other by a solid partition — without openings—extending from the basement floor to the highest portion of the roof along the dividing lot line and separated from any other building or structure by space on all sides.
C. TOWNHOUSEOne of a series of a minimum of three and a maximum of five attached dwelling units separated from one another by continuous vertical solid partitions without opening from basement floor through the roof.
D. APARTMENT DWELLINGA building containing three or more dwelling units and occupied by three or more families.
DWELLING UNITOne or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one household, and which includes cooking space and sanitary facilities reserved for the use of the household.
EASEMENTAn interest in land owned by another that entitles its owner to specific limited use or enjoyment.
EATING PLACESAn establishment selling prepared foods for on-premise consumption, carry-out, or drive-through. Includes such uses as restaurants, cafes, coffee shops, diners, delis, fast-food establishments, lunch counters, and cafeterias. Eating places may sell alcoholic beverages, including beer, wine, and liquor for on-site consumption as permitted through the Pennsylvania Liquor Control Board.
ELECTRIC VEHICLE CHARGING STATIONA commercial or public parking area that is served by electric vehicle charging (EVCS) equipment for the purpose of transferring electric energy to a battery or other energy device in an electric vehicle.
EMERGENCYA condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
EMPLOYEEA. A term referred to in the parking standards as a measure of the number of parking spaces required. It shall refer to the maximum number of employees on duty at any time, whether the employees are full-or part-time. If shifts are involved in which two shifts overlap, it refers to the total of both shifts; or
Any and all persons, including independent contractors, who work in or at or render any service directly related to the operation of an adult-oriented establishment.
ENTERTAINERA person who provides entertainment within an adult-oriented establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide, or date for another person for the purpose of a specified sexual activity, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association, who furnishes, offers to furnish, or advertise to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESSENTIAL SERVICESIncludes overhead or underground gas, electrical, telephone, telegraph, steam, fuel or water transmission or distribution systems; collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings.
EVERGREEN TREEA non-deciduous tree often used for purposes of screening, weather barrier or accent planting, with foliage that persists and remains green year-round.
FAMILYA. One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a "family."
Notwithstanding the definition in the preceding subsection, a "family" shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit, as defined in Subsection
(A) of this definition.
FARMA tract of land of five acres or greater used for agriculture, the raising of crops or animal husbandry for consumption other than on the premises.
FARMING, AGRICULTUREIncluding the raising and harvesting of crops or trees and the feeding, breeding and managing of livestock as a major source of income conducted upon a lot of not less than five acres in area. The existence of a vegetable garden for home consumption or the presence of not to exceed three farm animals as pets is not construed as "farming."
FARM BUILDINGAny building used for storing agricultural equipment or farm produce or products, housing livestock or poultry or processing dairy products. The term "farm building" shall not include dwellings, but shall include a barn and silo.
FARM STANDA structure or area, on property used for agricultural purposes, to sell products grown on the premises.
FCCFederal Communications Commission.
FELLINGThe act of cutting a standing tree(s) so that it falls to the ground.
FENCEA vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without.
FLOODPLAIN AREAA 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. Additional definitions as to "floodplain area" and its component areas are found in Chapter
83, Floodplain Management, of this Code.
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improve real property, water and sanitary facilities, structures and their contents.
FLOOR AREA RATIOA measure of building intensity derived as a ratio by dividing the total floor area of a building by the base site area.
FLYAWAY BARRIERAn obstacle like a fence, wall, or vegetation used to force bees to fly upwards when they leave the hive to avoid contact with people and reduce the risk of stinging.
FORESTRY OPERATIONThe 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.
FUNERAL HOMES AND MORTUARIESA place or premises devoted to or used in the care and preparation for the funeral and burial of dead human bodies and maintained for the convenience of the bereaved for viewing or other services in connection with dead human bodies and as an office or place for carrying on the profession of funeral directing but not cremation.
GAMELANDSA Commonwealth of Pennsylvania owned facility dedicated for wildlife management.
GASOLINE STATION, WITH OR WITHOUT CONVENIENCE STOREA structure and surrounding land used predominantly for the storage and sale of petroleum fuel and lubricants primarily to motor vehicles and can include the allocation of space for the sale of items such as snack food, drinks and tobacco products. No repairs are performed at a "gasoline station."
GARAGEA building, or portion of a building, used or intended to be used for the parking and storage of motor vehicles and is incidental to the primary use of the premises, or both.
GLAREA sensation of brightness within the visual field that causes annoyance, discomfort or loss in visual performance and visibility.
GOLF COURSEA recreational facility operated by a public or private entity which has, as its principal use, facilities for playing golf and which may include one or more of the following accessory uses. A clubhouse and/or restaurant, locker rooms, pro shop, swimming pool, facilities for racquet sports.
GOVERNMENT FACILITYA single-purpose public facility used for civic functions, which includes a place for public assembly in a portion of the facility, for the executive, legislative, or judicial branches of the State or a political subdivision thereof. Includes Township Hall, Township Council chambers, and courts. Does not include office buildings occupied by a government entity that are also utilized by private or non-governmental occupants.
GREENHOUSE, PRIVATEAn accessory structure that is enclosed and may be permanent or portable, in which temperature and humidity can be controlled for the cultivation and protection of plants is used for growing of plants, incidental or as an accessory to an existing residential use.
GREEN ROOFA roof of a building that is completely covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane. This does not refer to roofs which are merely colored green, as with green shingles. It may also include additional layers such as a root barrier and drainage and irrigation systems. Container gardens on roofs, where plants are maintained in pots, are not considered to be green roofs.
GREENWAY LANDThe portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway land may be accessible to the residents of the development and/or the Township.
GROSS FLOOR AREA (GFA)The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
GROUND COVERLow-growing plant material less than 18 inches in height.
HAZARDOUS MATERIAL, SUBSTANCE OR WASTEAny solid waste or combination of solid wastes, as defined in the Solid Waste Management Act, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. These shall include but not be limited to explosives, PCB's, petroleum products or gases, poisons, etiologic agents, flammables, corrosives, gases under high pressure, acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (except in motor vehicles and equipment), phosphorus, potassium, sodium, sulfur products and pesticides (including insecticides, fungicides and rodenticides) and any other products or materials listed in the Hazardous Substances List of the Pennsylvania Department of Labor and Industry.
HOME-BASED BUSINESS (GENERAL)A. The accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business or the production of handicrafts on a residential site. The use is incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
No impact. No-impact home-based business satisfies the following requirements:
1. The business does not employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use.
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 a neighborhood.
The business activity may not generate any solid wastes 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 gross floor area.
HORTICULTUREThe cultivation of flowers, fruits, vegetables, or ornamental plants.
HOSPITALA building or part thereof used for the medical, psychiatric, obstetrical, or surgical care on a 24-hour basis. The term hospital shall include facilities used for medical research and training for health care professions, general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals, and any such other facilities, which provide in-patient care. A hospital shall be licensed as such by the Commonwealth of Pennsylvania.
HOTELA facility offering temporary lodging to the public consisting of 10 or more sleeping rooms with a bathroom for each room and providing regular room cleaning services and other guest services. In-room kitchen facilities may or may not be provided. Secondary service uses may also be provided, such as restaurants and meeting rooms.
IMPERVIOUS SURFACEAny hard-surfaced, man-made area that does not readily absorb water, including, but not limited to, building roofs, parking and driveway areas, sidewalks, packed stone and paved recreational facilities, including the detention area of a swimming pool.
IMPERVIOUS SURFACE RATIOA measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a site by lot area or tract area.
INDOOR SHOOTING RANGEA facility designed to encompass indoor shooting stations or firing lines, target areas, berms and baffles and other related components for the use of firearms for the purpose of practice shooting for recreational purposes. Also included indoor archery range.
INDUSTRIAL USESThe mechanical or chemical transformation of raw materials or substances into new products or other raw materials, including the assembling of component parts, the manufacturing of products and the blending of materials into finished or semi-finished products.
INVASIVE PLANTA non-native plant that reproduces more rapidly, outcompetes and replaces native plants in the landscape. Invasive plants are listed in the pa DCNR publication “Invasive Plants in Pennsylvania,” including Watch List species.
KENNELA facility for the boarding of animals, the breeding of small animals such as dogs and/or cats, or the boarding, grooming, sale or training of small animals such as dogs and/or cats for which a fee is charged.
LAND DEVELOPMENTA. Any of the following activities:
1. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) A group of two or more residential or any nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
The following shall not be considered a "land development":
1. The conversion of an existing single-family detached dwelling into not more than three residential units, unless such units are intended to be a condominium;
The addition of an accessory building to a residential or farm use, on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the confines or an enterprise which would be considered an amusement park. This exclusion shall not apply to a newly acquired parcel to be used for operating an amusement park until the initial plans for the expanded area have been approved by the Township.
LAND DISTURBANCEAny activity involving grading, tilling, digging, logging or filling or stripping of vegetation; or another activity which causes land to be exposed to the danger of erosion.
LIBRARY/MUSEUMA building having public significance by reason of its architecture or former use or occupancy or a building serving as the repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of good to the public as gifts for their own use.
LOGGINGThe act of cutting live trees for cord wood, for timber, for pulp or for any commercial or non-commercial purpose, excepting therefrom a homeowner cutting on his own property for his own use, clearing pursuant to a development plan approved by the Board of Supervisors, clearing for a single-family detached dwelling or clearing for farming operations.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law, having its principal frontage upon a street or officially approved place and to be used, developed or built upon as a unit.
LOT AREAThe area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.
LOT COVERAGEThe portion of a lot covered by buildings and/or other impervious improvements.
LOT DEPTHThe horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line.
LOT FRONTAGEThe distance measured between points where side property lines meet street right-of-way lines. In the case of a curve, the arc distance along the curve.
LOT LINEAny line bounding a lot as herein defined.
LOT LINE, FRONTA lot line separating the lot from the street line. For corner lots, the front lot line applies to all sides of the lot that face a street. The remaining lot lines shall be considered side lot lines.
LOT LINE, REARThe lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
LOT LINE, SIDEAny lot line which is not a front lot line or a rear lot line.
LOT WIDTHThe distance measured between points where the front building setback lines meet side property lines. In the case of a curve, the arc distance along the curve.
LOT, CORNERA platted parcel of land abutting two road rights-of-way at their intersection.
MANUFACTURED HOMEA structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities and including the plumbing, heating, air-conditioning and electrical systems contained therein. The term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Department of Housing and Urban development and complies with the standards established under this chapter.
MANUFACTURED HOME COMMUNITYA parcel or contiguous parcels of land that has been so designed and improved that it contains three or more manufactured home spaces for the placement thereon of manufactured homes.
MANUFACTURINGA function involving either the processing or production of materials, goods, or products.
MANUFACTURING, LIGHTThe manufacture, primarily from previously approved materials, of finished products or parts including processing, fabrication, assembly, treatment and packaging of such products and incidental storage. Sales and distribution of such products.
MEADOWAn area containing native grasses and flowing herbaceous plants that serve an ecological function. Meadows may not contain Invasive plant species or species on the PA Department of Agriculture's “Noxious Weeds List.”
MEDICAL MARIJUANAMarijuana for certified medical use as set forth in the Pennsylvania Medical Marijuana Act, Act 16 of 2016.
MEDICAL MARIJUANA DISPENSARYA person, corporation, partnership, association, trust or other entity, or combination thereof, which holds a permit issued by the Pennsylvania Department of Health under the Pennsylvania Medical Marijuana Act, Act 16 of 2016, to dispense medical marijuana.
MEDICAL MARIJUANA GROWER/PROCESSORA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health under the Pennsylvania Medical Marijuana Act, Act 16 of 2016, to grow and process medical marijuana.
MEDICAL CLINICAn office operated by, or under the supervision of, doctors, dentists, orthodontists, psychiatrists, psychologist, dermatologists, optometrists, ophthalmologists, chiropractors, podiatrists, or similar medical practitioners, and their supporting staff, where patients receive routine diagnosis and treatment by appointment and are not provided with board or room or kept overnight on the premises. Includes small surgical centers associated with a doctor's office.
MICROBREWERY, MICRODISTILLERY, MICROWINERYA facility for the production, packaging, and sampling of alcoholic beverages — including beer, wine, cider, mead, and distilled liquors — for retail or wholesale distribution, for sale or consumption on or off premises.
MINERAL REMOVALRemoval of any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse and peat. This term shall not include oil and gas as defined by this article.
MONOPOLEA wireless communication facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antenna and connecting appurtenances.
MOTORCYCLE SALESThe sales, leasing, rental and related servicing of a two-wheeled self-propelled tandem vehicles having one or two riding saddles, and sometimes a sidecar and sometimes having a third wheel. For purposes of this chapter, motorcycles, motor scooters, mopeds, and all-terrain vehicles are classified as motorcycles.
NATIVE PLANTA plant species that occurred in Pennsylvania, Maryland, Ohio or West Virginia prior to European settlement. The native status of plants may be confirmed at www.plants.usda.gov.
NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that are designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
NATURE PRESERVEAreas in which human activities are very limited and where the natural environment is protected from human-made changes by a conservancy or conservation easement. The nature preserve includes woodland preservation, trails, game preserves, and wildlife sanctuaries.
NOISEAny sound which:
A. Endangers or injures the safety or health of humans or animals.
Annoys or disturbs a reasonable person of normal sensitivities.
Endangers or injures personal or real property.
NONCONFORMING LOTA lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE OR BUILDINGA structure or part of a structure manifestly not designed to comply with the applicable area and bulk regulations in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reasons of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
NORMAL AGRICULTURE OPERATIONThe customary and generally accepted activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market or poultry, livestock and their products and in the production and harvesting of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities as defined by the Pennsylvania Right to Farm Law.
OBSTRUCTIONSAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain area, which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or is placed where the flow of the water might carry the same downstream to the damage of life and property.
OFFICEAn office of a) recognized professions such as lawyers, architects, doctors, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature, and/or b) an office used for managerial, supervisory or clerical operations in the conduct of a business enterprise, or public or governmental service, in which there is no fabrication or manufacture of products and in which no machinery, other than ordinary office machines, are kept or used, and in which any retail or wholesale selling carried on does not involve the handling, delivery, or storage on the premises of stocks of merchandise or inventory other than samples.
OIL AND GASCrude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling a well of any depth into, through, and below the surface of the earth.
OIL AND GAS EXTRACTION or EXTRACTIONPreparation activities, construction, drilling and hydraulic fracturing at the well site, and/or site restoration associated with an oil and gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities at the well site; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures whether permanent or temporary at the well site; and the preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas at the well site; not to include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream supply facilities.
OPEN SPACELand used for recreation, resource protection, amenity and/or buffers, not including any area of a lot constituting the lot areas, any part of an existing or future street right-of-way, easement of access, or area set aside for public or private utilities, stormwater facilities and easements.
OPEN SPACE, COMMONA parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
OPERATORA person, partnership or corporation owning, operating, conducting or maintaining an adult-orient establishment.
OUTDOOR CAFEThe utilization of unenclosed space beyond the building line or commercial patio to accommodate and for the purpose of the serving of food and drink to patrons of an operating restaurant or food service business fronting on that space. Outdoor cafes could be located on sidewalk space or on a commercial patio.
OUTDOOR DISPLAY AND SALESThe use of outdoor spaces for the exhibition and sale of merchandise, typically involving items such as garden supplies and seasonal goods.
OUTDOOR SHOOTING RANGEAn area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Outdoor shooting range does not include: any area for the exclusive use of archery or air guns; a totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use; any area that is used for shooting on a private lot or parcel of land that is not open to the public on a commercial or membership basis.
OUTDOOR SPORTING CLUBA club or facility for which a membership charge may be made and which are only open to bona fide members and their guests, dedicated to sport activities such as hunting, fishing, archery and firearm shooting as well as support activities for the daily operation and maintenance of the club.
OUTDOOR STORAGE YARDThe keeping in an unroofed area, of any junk, merchandise, samples, or display models, regardless of whether the aforementioned items are or may be for sale, in the same place for more than 24 hours. Outdoor storage shall not include:
A. The storage of vehicles on a lot where there is an approved land development for automobile and transportation sales.
The parking of a vehicle with current inspection and registration on a residential lot.
For the seasonal display of agricultural products such as flowers, vegetables, and fruit.
Display of goods or merchandise, sold on the premises, not exceeding 25 square feet, provided the same does not occupy an approved parking space, impede pedestrian movement on the sidewalk, or interfere with vehicular movements and sight distance.
OWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee, if he or she is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land shall be deemed to be a landowner for the purpose of this chapter.
PARKAn area set aside by a local government or public entity for the preservation of the natural environment. A park may be set aside for purposes of public recreation and enjoyment or because of its historical or scientific interest.
PARKING AISLESThat portion of the parking area consisting of lanes providing access to parking spaces.
PARKING AREA/LOTThat portion of a lot that is used by vehicles for access, circulation, parking and loading and unloading. It comprises the total of circulation areas, loading and unloading areas and parking spaces.
PARKING FACILITYAny parking structure or parking area/lot, municipally or privately owned for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as a free service or for a fee.
PARKING SPACEA portion of the parking area set for the parking of one vehicle.
PARKING STRUCTUREA structure containing two or more levels, which is used to shelter or store motor vehicles.
PERSONAn individual, corporation, partnership, incorporated association or any other similar entity.
PERSONAL SERVICE ESTABLISHMENTEstablishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, including, but not limited to, the following:
B. Barber shop, beauty salon, and spas.
Financial depository institutions/banks, chartered and excluding check cashing establishments.
Fitness club, athletic club, dance studio, yoga studio and gym.
Home furniture and equipment repair.
Photography studio with supplies.
Post office, limited distribution.
Rental of any good permitted to be sold.
Repair or servicing of any good permitted to be sold.
Therapeutic massage establishment, licensed proprietor.
Veterinary services/animal hospital (no outdoor kennels).
PETSAnimals or birds customarily found in a dwelling and kept for company or pleasure, including dogs or cats, provided that there is not a sufficient number to constitute a kennel, as defined herein; hamsters; gerbils; parakeets; canaries; and similar small animals or birds, but not including any exotic animals such as lions, tigers, ocelots or other feral cats, monkeys, bears, alligators, large or poisonous snakes, and similar animals normally kept in a zoo.
PLAN, FINALA complete and exact land development or subdivision plan prepared by a registered engineer, land surveyor or landscape architect for official recording as required by the Pennsylvania
PLAN, PRELIMINARYA tentative land development or subdivision plan, in lesser detail than a final plan, showing, among other things, approximate proposed street, drainage and lot layout as a basis for consideration prior to preparation of a final plan.
PORTABLE STORAGE UNITA container that is not affixed to the land that is designed for temporary, short-term storage.
PREMISESThe area occupied by a use. When more than one use occupies a building, each use is considered a separate premises.
PRIMARY CONSERVATION AREASThose lands identified within conservation subdivisions that, due to their environmental sensitivity, are required to be set aside as greenway lands. These lands consist of wetlands, floodplains and steep slopes 25% or greater.
PRINCIPAL BUILDINGA building in which is conducted the main or principal use of the lot on which said building is located. A lot may accommodate no more than one principal building unless otherwise permitted within this chapter.
PROTECTED STRUCTUREAny structure capable of occupancy located within 1,000 feet of the surface location of a well that may be impacted by noise generated from drilling or hydraulic fracturing activity at a well site. The term shall not include any structure owned by an oil and gas lessor who has signed a lease with the well operator granting surface rights to drill the subject well or whose owner or occupants have signed a waiver relieving the well operator from implementation of the measures established in §
208-402KK for the owners' or occupants' benefit.
An indoor or covered, open-air permanent structure dedicated to the sale of local and regional food, flowers, baked goods, and small crafts, excluding secondhand goods.
PUBLIC NOTICENotice published once a week for two successive weeks in a newspaper of general circulation in Marshall Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC UTILITYAny uses such as electrical, telephone, gas, water and sewer which are regulated by the PUC or any other governmental agency.
RECREATION FACILITYA building, structure or area designed and equipped for the conduct of sports and/or leisure activities that attract a large number of users. Activities and improvements associated with a recreation facility include:
A. Amphitheaters/outdoor theaters;
Indoor/outdoor swimming pools;
Indoor/outdoor skating rinks;
Any other public recreation facilities;
Gaming enterprises and/or racetracks shall not be considered recreation facilities.
RELATED EQUIPMENTAny piece of equipment related to, incidental to, or necessary for, the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, related equipment includes generators and base stations.
RESEARCH TESTING FACILITYA structure or complex of structures designed or used primarily for research, testing and development of robotics, autonomous vehicles, semiconductors, medical devices, aeronautics, telecommunications and similar fields of endeavor, but not including the use of animals for testing.
RETAIL BUSINESSStores selling a variety of goods and services on a retail basis but not adult-oriented establishments.
A. RETAIL, NEIGHBORHOODA retail business with a gross floor area of less than 3,000 square feet and outdoor sales limited to no more than 10% of the indoor gross floor area of the retail use. Neighborhood retail includes such uses as those listed below.
B. RETAIL, GENERALA retail business with a gross floor area of 3,000 square feet or greater and outdoor sales limited to no more than 25% of the indoor gross floor area of the retail use. General retail includes such uses as retail businesses over 3,000 square feet and uses with outdoor sales areas.
RIGHT-OF-WAYLand reserved as a street, crosswalk or for other public purposes.
RIGHT-OF-WAY LINESThe boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Comprehensive Plan, and from which yard and other requirements shall begin.
RIPARIAN BUFFERAn undeveloped area adjacent to a water body that provides an ecological service, such as filtration or runoff, floodwater storage and/or improved surface water quality.
SCHOOLAny place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania for kindergarten through 12th grade.
SCHOOL (SMALL)Any place offering instruction to 25 or fewer students in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania for kindergarten through sixth grade.
SCREENINGRestriction of potentially objectionable views to intensive use or utility elements of a site by planting landscape plantings, berms, walls and/or fences according to this chapter. The screening is located at or near the element to be screened.
SECONDARY CONSERVATION AREASThose lands identified within conservation subdivisions of important environmental value that are added to primary conservation areas to make up the required amount of greenway land. These lands consist of woodland; slopes 15% to 25%; significant wildlife habitats; historic, archaeological or cultural features; groundwater recharge areas; important viewsheds and other significant natural areas as identified by the Township.
SELF-STORAGE FACILITYAny real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such space for the purpose of storing and removing personal property.
SETBACKThe minimum horizontal distance between the lot or property line and the nearest front, side or rear line of the building (as the case may be), including terraces, patios, decks, or any covered projection thereof, excluding steps.
SEXUAL ACTIVITIESThe term does not include any of the following:
A. Medical publications or films or bona fide educational publications or films.
Any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography.
Any news periodical which reports or describes current events and which from time to time publishes photographs of nude or semi-nude persons in connection with the dissemination of the news.
Any publications or films which describe and report difference cultures and which from time to time publish or show photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the populations.
SHADE TREEA woody, perennial plant with one main stem or trunk that develops many branches, distinguished by overall impact on the environment related to their size, character and permanence.
SHEDA detached, accessory structure which is incidental to a permitted residential structure. Sheds typically sit on a simple concrete slab, piers, or soil and are used to store household goods, tools, and/or equipment. Sheds shall include but are not limited to tool sheds, pool equipment structures, etc.
SHRUBA woody plant less than 15 feet in mature height, consisting of several small stems from the ground or small branches near the ground, which may be deciduous or evergreen.
SIGNAny device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information of any kind to the public.
A. ADVERTISING VEHICLEA vehicle and/or trailer which has affixed to it any sign or advertising device which is parked on public or private property and visible from the public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.
B. AWNINGAn architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
C. AWNING SIGNA sign mounted, painted, or attached to or integral to an awning.
D. BANNERAny sign of lightweight fabric or similar material that may or may not be permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags or the official flag of any institution or business shall not be considered "banners."
E. BUILDING SIGNAny sign attached to any part of a building, as contrasted to a freestanding sign.
F. CANOPY, ATTACHEDA multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points.
G. CANOPY, DETACHEDA multisided overhead structure supported by columns, but not enclosed by walls.
H. COMMERCIAL MESSAGEAny wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
I. DIRECTIONAL SIGNA sign that directs or instructs vehicular or pedestrian traffic on the premises relative to the parking area, entrances and exits. Such sign shall contain no advertising other than the business name or logo.
J. ELECTRONIC CHANGEABLE COPY SIGNA sign, or portion of a sign, that is designed so that characters, letters or illustrations can be changed or rearranged electronically without altering the face or the surface of the sign.
K. FLAGAny fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
L. FLAT WALL SIGNAny sign attached parallel to but within 12 inches of a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface.
M. FREESTANDING SIGNA self-supporting sign detached from any building and is supported by poles, posts, braces, or other type of base on the ground.
N. GROUND/MONUMENT SIGNA freestanding sign which is completely self-supporting, has its sign face or base on the ground and has no air space, columns, or supports visible between the ground and the bottom of the sign.
O. HIGHWAY SIGNA sign that is located on a lot which has frontage on an interstate.
P. INTERNALLY ILLUMINATED SIGNSigns where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Signs that consist of or contain tubes that are filled with neon or some other gas that glows when an electric current passes through it and are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered "internally illuminated signs."
R. OFF-SITE ADVERTISING SIGNA sign (such as a billboard) that draws attention to or communicates information about a business, commodity, accommodation or attraction or that draws attention to a cause or advocates or proclaims a political, religious or other noncommercial message or other enterprise or activity that exists or is conducted, sold offered, maintained or provided at a location other than the lot on which the sign is located. This definition shall not include other types of off-premises signs such as directional signs.
S. PENNANTAny lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
T. POLE/PYLON SIGNA freestanding sign erected on a pole, poles, pylon, or pylons, where the bottom edge of the sign face is five feet or more above the ground.
U. POLITICAL SIGNA sign that advertises a candidate or an issue which is to be voted on in a local, state, or federal election process.
V. PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
W. PROJECTING SIGNA sign which reproduces a remote image, by optical or any other means, on any surface, also known as a blade sign.
X. RESIDENTIAL SIGNAny sign located in a district zoned for residential uses that contains no commercial message.
Y. ROOF SIGNA sign erected on or attached to a roof or a sign attached to a building that projects above the highest point on the roofline.
Z. TEMPORARY SIGNA sign that is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign or is intended to remain on the location where it is erected or placed for a period of not more than 15 days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as "temporary."
AA. WALL SIGNA sign attached parallel to but within 12 inches of a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface.
BB. WINDOW SIGNAny sign, pictures, symbol or combination thereof designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window panes of glass and is visible from the exterior of the window.
SITEA parcel of land for which a permit is issued pursuant to this chapter.
SOLAR ENERGY SYSTEM, ACCESSORYA solar collection system consisting of one or more roof-and/or ground-mounted solar collector devices and solar-related equipment and is intended to primarily reduce on-site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
SPECIFIED ANATOMICAL AREASLess than completely and opaquely, covered:
A. Human genitals or pubic region;
Female breasts below a point immediately above the top of the areola; or
Human male genitals in a discernible turgid state, even if complete opaquely covered.
SPECIFIED SEXUAL ACTIVITIESThe term includes any of the following:
A. Human genitals in a state of sexual stimulation or arousal.
Acts of human masturbation, sexual intercourse or sodomy.
Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.
SPORTS COURTA surfaced outdoor area accessory to a dwelling or dwellings, used for playing sports, including, but not limited to, tennis, handball, basketball, and similar sports.
SQUAREAn area of land located within a Traditional Neighborhood Development that serves as a place of congregation, recreation or open space within a neighborhood of the plan.
STEALTH TECHNOLOGYCamouflaging methods applied to wireless communications towers, antenna and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antenna, building-mounted antenna painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
STEEP SLOPESAn area where the inclination (vertical distance over horizontal distance) of the land's surface is 25% or greater, and encompassing a vertical grade differential of 10 feet within the slope.
STORYThat portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
STREAMAny channel with defined bed and bank that conveys water all or even part of the year.
STREETA public or private thoroughfare used or intended to be used for passage or travel by motor vehicles. Includes road, avenue, boulevard, highway, freeway, parkway, lane, alley, viaduct or other thoroughfare. "Streets" will be classified by the functions they perform by the Township Traffic Engineer and the requirements for each shall be reviewed and approved by the Township.
STREET FRONTAGEThe distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
STREET LINEThe dividing line between a lot or property line and a street right-of-way.
STREET TREEAny tree growing or extending within the public right-of-way.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including, but limited to, portable storage units.
SUBDIVISIONAs defined in the Municipalities Planning Code, 53 P.S. §
10101 et seq.
A subdivision that includes either one or more of the following characteristics:
A. Multiple phasing of the plan.
Containing public improvements, including one or more of the following: streets, stormwater detention and stormwater retention facilities and public utilities.
Containing no more than four lots.
SUBDIVISION, MINORA subdivision in which all lots have sufficient frontage upon an existing street and does not include the opening, widening, extension or improvement of any public street. A minor subdivision shall not involve more than four lots, including the remaining parent lot. For the purposes of this chapter, a plan involving a lot line alteration which does not create any increase in the number of lots shall be considered a minor subdivision. For the purposes of this chapter, revision of easement locations shall be considered a minor subdivision.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGEA. Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antenna; or
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
SWALEA linear depression in land running downhill or a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse (see "drainageway").
SWIMMING CLUBAn outdoor recreation facility in which the primary function is related to the activities of swimming in a swimming pool.
SWIMMING POOLAn outdoor water pool which is not operated for gain and which is intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. An outdoor water pool shall, for the purposes of this chapter, be construed to mean any swimming pool, tank, above or below grade, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 18 inches and having a plane surface of water greater than 100 square feet.
TIMBER HARVESTINGA. The act of cutting live trees for timber, for pulp, or for any commercial or non-commercial purpose, except:
1. Cutting on the property of the landowner for the sole use of the landowner;
Clearing pursuant to a development plan approved by the Township Board of Supervisors;
Clearing for construction of a single-family detached dwelling and any accessory uses or structures; and/or
Clearing for farming operations where farming is the principal source of income.
Timber harvesting shall include the acts of timber harvesting, site clean-up and site restoration.
TOWNSHIPMarshall Township, Allegheny County, Commonwealth of Pennsylvania.
TRACTA parcel, property or area of land comprised of one or more lots adjacent to one another established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)An area of land developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional Neighborhood Development is relatively compact, limited in size and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of interconnecting streets and blocks that provides multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians and vehicles equally.
TRANSPORTATION FACILITYA facility that contains transportation-related structures or infrastructure like, bus shelters, bus stops, benches, parking lots, etc., for the purpose of enabling multimodal transportation. Also known as a "park and a ride."
TRUCK TERMINALLand and Buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal. The terminal may also serve as a passenger station that is central to an area and serves as a junction at any point with other line. A bus terminal would be a central point for passengers, and a truck terminal would be a central point for freight.
UNDERSTORY TREEA tree that would occupy the understory of a forest in a natural ecological situation. These types of trees are often referred to as "ornamental trees." Examples include redbud, hazel, alder, holly, hornbeam, dogwood, witch-hazel, etc.
USEAny purpose for which a structure, building or tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on or intended to be carried on in a structure, building or on a tract of land.
USE, ACCESSORYA use customary, subordinate, and incidental to and on the same lot as a principal use.
USE, PRINCIPALThe main use of land or structures, as distinguished from a secondary or accessory use.
USE, RESIDENTIALA use of land which provides space for the permanent occupancy of either individuals or families within dwellings.
VEHICULAR WASHA building on a lot designed and used primarily for the washing and polishing of automobiles and which may provide accessory services as set forth herein for gasoline service stations.
WAREHOUSEA building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail business unless such uses are specifically permitted in that zoning district
WELL OPERATORAny person, partnership, company, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil and gas.
WELL SITEA graded pad designed and constructed for the drilling of one or more oil and gas wells.
WETLANDThose areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. This definition shall include and be limited to wetlands as defined by:
A. Section 404 of the United States Clean Water Act, as may be amended from time to time.
The Pennsylvania Department of Environmental Resources, in appropriate legislation, as may be amended from time to time.
WHOLESALE BUSINESSAn establishment primarily engaged in selling merchandise to retailers, institutional, industrial, commercial or professional business customers or other wholesalers, rather than the general public, or acting as a broker for such merchandise sales.
WIRELESSTransmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)The antenna, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
WIRELESS COMMUNICATIONS FACILITY, NON-TOWER (NON-TOWER WCF)All non-tower wireless communications facilities, including, but not limited to, antenna and related equipment. Non-tower WCF shall not include support structures for antenna or any related equipment that is mounted to the ground or at ground-level.
WIRELESS COMMUNICATIONS FACILITY, TOWER-BASED (TOWER-BASED WCF)Any structure that is used for the purpose of supporting one or more antenna, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCF.
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a tower-based wireless communications facility or any other support structure that is constructed in order to support the placement or installation of a wireless communications facility.
WOODLANDAn area or stand of trees whose total combined canopy covers an area of one-half acre or more and at least 50% of which is composed of canopy trees having a diameter at breast height (DBH) of at least three inches; provided, however, that no trees kept or grown for commercial purposes shall be considered a woodland.
YARDA ground area, unoccupied space open to the sky, except for permitted fences, garden walls, plantings and accessways, and small accessory uses as specified in residential districts; and shall be that portion of any lot extending inward from the lot or street line for the distance required by the district within which the lot is located.
A. FRONT YARDA yard lying between the street line(s) and a line(s) drawn parallel thereto, extending from lot line to lot line.
B. REAR YARDA yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.
C. REQUIRED YARDAny yard measured between a line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.
D. SIDE YARDA yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.
ZONING DISTRICT or DISTRICTA finite area of land, as designated by its boundaries on the Zoning Map, throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.
ZONING MAPThe map attached to and made part of this chapter, indicating zoning districts.
ZONING PERMITA document Signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.