When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
ABUT or ABUTTINGAreas of contiguous lots that share a common lot line and which are not entirely separated by a street or a perennial waterway. See definition of "adjacent."
ACCESS DRIVE or ACCESSWAYA type of driveway that serves two or more principal or accessory commercial, institutional or industrial buildings, structures or uses.
ACCESS POINTOne combined entrance/exit point, or one clearly defined entrance point separated from another clearly defined exit point. This term shall not include accessways or driveways that are strictly and clearly limited to use by only emergency vehicles; such accesses are permitted by right as needed.
ACCESSORY STRUCTURE (includes "accessory building")A structure serving a purpose customarily incidental to and subordinate to the use of the principal use and located on the same lot as the principal use. Accessory structures include but are not limited to a household garage, household storage shed, private playhouse, detached carport, household greenhouse, a household swimming pool, structures such as fences or walls, private tennis or sports courts or an accessory storage building to a business use. An "accessory building" is any accessory structure that meets the definition of a "building." A portion of a principal building used for an accessory use shall not be considered an accessory building.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and which is located on the same lot as the principal use or building. An example would be a home occupation that is accessory to a dwelling.
ADAPTIVE REUSEA use by means of site redevelopment or construction fit -out of an existing structure that substantially changes the character, operation or use of the existing site or building.
ADJACENTTwo or more lots that share a common lot line or that are separated only by a street or waterway from each other.
ADULT BOOKSTOREA use with a significant portion of the market value of, or over, 15 square feet of total floor area occupied by, items for sale or rent being books, films, magazines, videotapes, coin- or token-operated films or videotapes, paraphernalia, novelties or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to uncovered male or female genitals or specified sexual activities. This shall include, but not be limited to, materials that would be illegal to sell to persons under age 18 under state law.
ADULT LIVE ENTERTAINMENT FACILITYA use including live entertainment involving persons (which may include waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or almost nude female breasts or engaging in simulated or actual "specified sexual activities" related to some form of monetary compensation paid to a person, company or organization operating the use or to persons involved in such activity.
ADULT MOVIE THEATERA use involving the presentation typically to three or more persons at one time in a room of motion pictures, videotapes or similarly reproduced images distinguished or characterized by an emphasis on depiction of "specified sexual activities" for observation by patrons therein and that is related to some form of monetary compensation by the persons viewing such matter.
ADULT-ORIENTED USEThis term shall include any of the following uses: adult bookstore, adult movie theater, massage parlor or adult live entertainment facility/use.
AEU PER ACREAn animal equivalent unit per acre of cropland or acre of land suitable for application of animal manure.
AGRICULTURAL COMMODITYAny of the following, transported or intended to be transported in commerce: (1) agricultural, aquacultural, horticultural, floricultural, viticultural, or dairy products; (2) livestock and the products of livestock; (3) ranch-raised fur-bearing animals and the products of ranch-raised fur-bearing animals; (4) the products of poultry or bee raising; (5) forestry and forestry products; (6) any products raised or produced on farms intended for human consumption and the processed or manufactured products of such products intended for human consumption.
AGRICULTURAL OPERATION(S)The activities, practices, equipment, and procedures that farmers adopt, use, or engage in the production and preparation for market of poultry, livestock, and their products and in the production, harvesting, and preparation for market or use of agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities and is: (1) not less than 10 contiguous acres in area; or (2) less than 10 contiguous acres in area but has an anticipated yearly gross income of at least $10,000. The term includes new activities, practices, equipment, and procedures consistent with technological development within the agricultural industry. Use of equipment shall include machinery designed and used for agricultural operations, including, but not limited to, crop dryers, feed grinders, saw mills, hammer mills, refrigeration equipment, bins, and related equipment used to store or prepare crops for marketing and those items of agricultural equipment and machinery defined by the act of December 12, 1994 (P.L. 944, No. 134), as amended, 3 P.S. §
1901 et seq., known as the Farm Safety and Occupational Health Act. Custom work shall be considered a normal farming practice. For purposes of this chapter, Concentrated Animal Operations (CAOs) and Concentrated Animal Feeding Operations (CAFOs) are specific principal uses treated separate and distinct from other agricultural operations.
An accessory use to a single-family dwelling or agricultural operation which may include the rental of an accessory structure for purposes of weddings, family gatherings, reunions, or other similar events, subject to the additional regulations contained in this chapter.
AGRITOURISMAn accessory use that consists of an enterprise that shall be considered any activity conducted on and accessory to an agricultural operation and offered to the public or to invited groups for the purpose of recreation, education, or active involvement in the agricultural operation. These activities must be directly related to agricultural or natural resources and incidental to the primary agricultural operation.
AIRPORTAn area which is designated, used or intended to be used for the landing and takeoff of motorized aircraft (other than one-person ultra light aircraft, which are not regulated by this chapter) that carry people, and any related aircraft support facilities such as for maintenance, refueling and parking.
A. A "public airport" shall be one that does not meet the definition of a "private airport." A "private airport" shall be one that is limited to a maximum total of 15 flights and/or takeoffs in any seven-day period and that is not available for use by the general public.
ALLEYA strip of land over which there is a private or public right-of-way intended to provide vehicular access to the side and/or rear of properties with frontage on a public street. An alley is not intended for general traffic circulation.
ALTERATION OF BUILDING OR STRUCTUREAs applied to a building or structure, a change or rearrangement in the load-bearing and non-load-bearing structural members, resulting in the extension of any side or the increase in height. The moving of the building or structure from one location or position to another or the conversion of one use to another by virtue of interior change shall also constitute an alteration of building.
ANIMAL EQUIVALENT UNIT (AEU)1,000 pounds live weight of livestock or poultry animals regardless of the actual number of individual animals comprising the unit.
ANTENNAA device, partially or wholly exterior to a building, that is used for receiving any type of electronic signals (other than a satellite dish antenna, which is treated separately) or for transmitting short-wave or citizens band radio frequencies. This shall include antennas used by an amateur ham radio operator or by a contracting business or utility to communicate with its employees but shall not include a wireless communications antenna. This term includes any accessory supporting structures.
APPELLANTAny person taking an appeal under this chapter.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including their heirs, successors and assigns.
APPLICATIONA written form supplied by the Township for a Township approval, decision or permit, including all required, supporting documentation.
ATHLETIC FACILITYA type of commercial recreation use that a) does not meet the definition of "public recreational facility"; and b) is used principally for active or passive recreation, such as a fitness club or athletic training center; dance or gymnastics studio; tennis, racquetball, pickleball, or squash club; or any other similar establishment.
BANQUET HALLA facility available for lease by private parties.
BASEMENTAn enclosed floor area partly or wholly underground. A basement shall be considered a story if a) the majority of the basement has a clearance from floor to ceiling of 6.5 feet or greater; and b) the top of the ceiling of the basement is an average of five or more feet above the finished grade along the majority of the front side of the building that faces onto a street.
BED-AND-BREAKFASTA detached dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling.
BERMA mound or ridge of landscaped earth designed to act as a screen and buffer. See §
440-78.
A type of off-premises sign with any total sign area greater than 50 square feet. See definition of "sign, off-premises."
BOARDING/ROOMING HOUSEA residential use in which a) two or more individual rooms that do not meet the definition of a lawful dwelling unit are rented for habitation; or b) a dwelling unit includes greater than the permitted maximum number of unrelated persons. A boardinghouse shall not include a use that meets the definition of a hotel, dormitory, motel, life care center, personal care center, bed-and-breakfast, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boardinghouse. A boardinghouse may either involve or not involve the providing of meals to residents but shall not include a restaurant open to the public unless the use also meets the requirements for a restaurant.
BREWPUBA restaurant use that includes the brewing, bottling and service of beer on site for consumption as a customary and incidental accessory use to primary food preparation and service. A brewpub is not considered a craft beverage production facility as defined herein.
BUFFER YARDA strip of land that a) separates one use from another use or feature, and b) 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. See §
440-78.
Any structure having a permanent roof and walls and that is 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.
BUILDING CODEThe latest edition of the Uniform Construction Code as adopted by the Township.
BUILDING COVERAGEThe percentage obtained by dividing the maximum horizontal area in square feet of all principal and accessory buildings 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.
BUILDING LENGTHA horizontal distance from the outside of one exterior wall to the outside of the most distant other exterior wall of any one building or of attached buildings. Such length shall not be measured diagonally.
BUILDING WIDTHThe horizontal measurement between two vertical structural walls that are generally parallel of one building, measured in one direction that is most closely parallel to the required lot width. For an attached housing, this width shall be the width of each dwelling unit, measured from the center of each interior party wall and from the outside of any exterior wall. For detached buildings, this width shall be measured from the outside of exterior walls.
BUILDING, PRINCIPALA building used for the conduct of the principal use of a lot, and which is not an accessory building.
CAMPGROUNDA use that is primarily recreational in nature that involves the use of tents or sites leased for recreational vehicles for transient and seasonal occupancy by persons recreating or travelers, or the use of tents or cabins for seasonal occupancy by organized groups of persons under age 18 and their counselors.
CANTEEN TRUCKA vehicle that operates to provide food services to workers at locations where access to such services is otherwise unavailable or impractical (e.g., a construction site); from which the operator sells food and beverages that require no on-site preparation or assembly other than the heating of precooked foods; and is not advertised in any form to the general public except by virtue of signage on the vehicle. Products sold from canteen trucks may include fruits, vegetables, precooked foods such as hot dogs, prepackaged foods and prepackaged drinks.
CAR WASHA facility used to clean the exterior, and sometimes the interior, of vehicles.
CARPORTA 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.
CARTWAYThe paved portion of a street designed for vehicular traffic and on-street parking, but not including the shoulder of the street.
CEMETERYLand or buildings used for the burial of deceased humans, but not animals. The internment or scattering of remains of properly cremated humans is not regulated by this chapter.
CENTER LINE OF STREETA line equidistant from and parallel to the existing right-of-way lines on each side of the street.
CHAIRPERSONIncludes chairman, chairwoman, chair and acting chairperson (when applicable).
CHAPTERAny chapter of the Code of the Township of North Whitehall. When reference is made to "this chapter" herein, such reference is to Chapter
440 of the Code of the Township of North Whitehall.
A type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale of trees from November 15 to December 30 that were produced on the premises.
CLEAR-CUTTINGA logging method that removes all trees or the vast majority of all trees from a tract of land or a portion thereof. See §
440-53.
See "membership club."
CLUSTER DEVELOPMENTA residential development meeting all of the requirements of §
440-40B(7), including the provision of open space in return for reduced lot areas.
Engaging in business, whether on a for profit or not for profit basis.
COMMERCIAL NURSERY AND/OR GREENHOUSEThe indoor and/or outdoor raising of trees, plants, shrubs or flowers for sale, but not primarily including commercial forestry for lumber. A plant nursery may include the growth of trees for sale for internal decoration of homes, such as a Christmas tree farm.
COMMERCIAL SCHOOLA facility that a) is primarily intended for education of a work-related skill or craft or a hobby; and b) does not primarily provide state-required education to persons under age 16. Examples include a dancing school, martial arts school, cosmetology school or ceramics school.
COMMERCIAL USEIncludes business uses engaging in commerce, such as retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar, nonindustrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.
COMMERCIAL VEHICLEAny motor vehicle or trailer that is primarily used for business purposes, including, but not limited to, making service calls, transporting equipment used in a business or in accomplishing physical work as part of a business (such as hauling material). This term shall not include any of the following: emergency medical vehicles, fire trucks, school buses, recreational vehicles for personal use, U.S. Postal Service vehicles, municipally owned vehicles, vehicles clearly primarily intended for agricultural uses, or vehicles actively engaged in the construction or repair of streets, curbs, sidewalks or utilities in the immediate area.
COMMISSIONThe Planning Commission of North Whitehall Township.
COMMUNITY CENTERA noncommercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include the noncommercial preparation and/or provision of meals to low-income elderly persons. This shall not include residential uses or a treatment center.
COMPOSTINGThe controlled processing of vegetative material to allow it to biologically decompose under controlled anaerobic or aerobic conditions to yield a humus-like product.
COMPREHENSIVE PLANThe document entitled the "North Whitehall Township Comprehensive Plan," or any part thereof, adopted by the Board of Supervisors, as amended.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)A concentrated animal operation with greater than 300 animal equivalent units, any agricultural operation with greater than 1,000 animal equivalent units, or any agricultural operation defined as a large CAFO under 40 CFR §
122.23. For purposes of this chapter, a concentrated animal feeding operation (CAFO) is a specific kind of principal use subject to different regulations than other agricultural operations which do not constitute a concentrated animal operation (CAO) or concentrated animal feeding operation (CAFO).
An agricultural operation with eight or more animal equivalent units (AEUs) where the animal density exceeds two AEUs per acre on an annualized basis. For purposes of this chapter, a concentrated animal operation (CAO) is a specific kind of principal use subject to different regulations than other agricultural operations which do not constitute a concentrated animal operation (CAO).
CONDITIONAL USEA use which is allowed or denied by the Board of Supervisors within the provisions of Article
I of this chapter and as stated in Article
VI of the MPC.
A set of individual dwelling units or areas of buildings owned in fee simple, with each owner 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 or is/was created under the Pennsylvania Uniform Condominium Act of 1980, as amended. See §
440-86.
A legal agreement granted the owner of record of a property that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property owners, lessees and all other users of the land. To meet a requirement of a Township ordinance, such easement shall run for a minimum period of 99 years. Such easement shall be recorded in the County Recorder of Deeds Office. At a minimum, any conservation easement established to meet a requirement of a Township ordinance shall restrict uses of the land in a manner closely similar to all of the following:
A. The vast majority of the land shall be preserved in a near-natural or landscaped state or for agricultural uses;
No new principal buildings may be constructed on the lot, other than for noncommercial recreation or as necessary to support on-site agricultural activities;
The land shall not be used for any mineral extraction, commercial or industrial activities, other than agriculture or the growing of trees and plants for replanting or for Christmas tree sales or a lawful home occupation;
The lot shall not be further subdivided; and
Currently forested areas shall be maintained as forests, with only carefully selective cutting of trees in such as a way as to preserve the character of such lands as forested lands, without any clear-cutting.
CONTIGUOUSUnless otherwise stated, shall mean abutting.
CONVENIENCE STOREA commercial use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant. A convenience store involving the sale of gasoline shall be regulated as a vehicle service station or a vehicle fueling center and convenience store.
CONVERSIONTo change from one use to another use, or to increase the number of dwelling units within a building, unless otherwise stated.
COUNTYThe County of Lehigh, Commonwealth of Pennsylvania.
CRAFT BEVERAGEAn alcoholic beverage product manufactured by a small, independent and privately held brewery, limited winery or limited distillery with a principal office for doing business, or a craft beverage production facility, located in North Whitehall Township and subject to regulation and licensing by the Commonwealth of Pennsylvania, the flavor of which is derived from traditional or innovative ingredients, manufacturing techniques and their fermentation. This term shall include wine, liquor, mead, malt or brewed beverages, potable distilled spirits and other, similar alcoholic drinks or drinkable liquids, all as defined in and regulated under the Pennsylvania Liquor Code.
CRAFT BEVERAGE PRODUCTION FACILITYFor purposes of zoning, a craft beverage production facility is a small, independent facility that manufactures craft beverages (as defined herein) and whose flavor derives from traditional or innovative ingredients, manufacturing techniques and their fermentation. Permitted activities of a craft beverage production facility may include what is commonly known as a "tasting room" for the purpose of tasting, or otherwise sampling, and promoting the sale of its craft beverages to consumers. A craft beverage production facility may offer its product for retail and wholesale distribution and shall meet all applicable licensing requirements of governmental agencies.
CROP FARMINGThe 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 also include orchards and Christmas tree farms, but the term shall not by itself include raising of livestock as a principal use, commercial forestry, riding academies or kennels.
CURATIVE AMENDMENT, LANDOWNERA proposed zoning amendment submitted to the Board of Supervisors by any landowner who desires to challenge on substantive grounds the validity of portions or all of this chapter which prohibits or restricts the use or development of land in which the landowner has an interest. See Article
I.
A process provided in the Pennsylvania Municipalities Planning Code that permits a municipality to address the potential invalidity of portions or all of its own zoning ordinance.
DAY-CARE FACILITYA facility in which out-of-home day care is provided to four or more children, disabled persons and/or elderly.
DENSITYThe total number of dwelling units proposed on a lot divided by the lot area, unless otherwise stated.
DEPThe Pennsylvania Department of Environmental Protection, and its relevant bureaus. Any reference to "DER" or the "Department of Environmental Resources" shall be interpreted to mean the DEP.
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.
DEVELOPMENTConstruction, 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 North Whitehall Township Subdivision and Land Development Ordinance in Chapter
375 of this Code.
An industrial use involving the processing of materials so as to sort out which finished goods are to be transported to different locations, and the loading and unloading of such goods. This use includes inventory control, material handling, order administration and packaging. Specifically, a use that primarily involves either loading materials from tractor trailers onto smaller trucks or loading materials from smaller trucks onto tractor trailers shall be considered a distribution use. This term shall not include a trucking company terminal.
DISTRICT (or ZONING DISTRICT)A land area in the Township within which certain uniform regulations and requirements apply under the provisions of this chapter.
DORMITORYA principal or accessory building that is used primarily as living quarters and is occupied exclusively by bona fide full-time faculty or students of an accredited college or university or state-licensed teaching hospital or accredited public or private primary or secondary school.
DRIVE-THROUGH SERVICEAn establishment where at least a portion of patrons are served while the patrons remain in their motor vehicles.
DRIVEWAYA privately owned, constructed, and maintained vehicular access from a street to one or two principal buildings, uses or structures, or accessory buildings, uses or structures, and which does not meet the definition of a street or an alley.
DWELLINGA building used as nontransient living quarters, but not including a boardinghouse, hotel, motel, hospital, nursing home or dormitory. This chapter categorizes dwellings as follows.
A. MULTIFAMILY DWELLINGAn attached dwelling unit consisting of three or more dwelling units that may be arranged in a variety of configurations: side by side, back-to-back, or vertically.
B. SINGLE-FAMILY DETACHED DWELLINGA single dwelling unit with a front, rear, and two side yards. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, and modular dwellings.
(1) MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: a) is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; b) is designed for permanent occupancy; c) which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; d) is constructed so that it may be used with or without a permanent foundation; and e) is not a recreation vehicle. The terms "mobile home" and "manufactured home" have the same meaning. See standards in §
440-40.
D. TOWNHOUSEA single-family attached or semi-detached dwelling within a multi-dwelling building, with only one dwelling from ground to roof, and not more than two walls of each dwelling in common with other such dwellings.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, and which shall include permanent provisions for living, sleeping, eating, cooking and sanitation.
EARTHMOVINGShall mean "earthmoving" as defined in applicable DEP regulations (Chapter 102, Erosion and Sediment Control, of Title
25 Pennsylvania Code of Regulations), and also shall include any one or more of the following activities:
A. Cutting down of trees or clearing of brush, other than clearing of grass and weeds;
Excavation of the ground, filling of the ground or mineral extraction;
Grading, regrading, any change in the ground surface elevation greater than one foot, disturbance of topsoil or vegetative cover of the land;
For the purposes of this definition, the term "earthmoving" shall apply to any soil, clay, overburden, sediment, dredge spoils or similar material. See §
440-41.
EASEMENTAuthorization by the owner of record of a property for the use by another for a specified utility, access or purpose of any designated part of the property. See "conservation easement."
EATING PLACE (RESTAURANT)A. A commercial establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises.
A restaurant may include the accessory sale of alcoholic beverages; however, if such sales are a primary or substantial portion of the total trade, the requirements of a tavern or nightclub, as applicable, must be met.
A restaurant shall not include a "nightclub" or an "after-hours club," unless the requirements for such use are also met.
ELECTRIC SUBSTATIONAn assemblage of equipment for transforming electric power rather than for its generation or utilization.
ELECTRONIC NOTICENotice given by a municipality through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. §
10109.
Facilities operated by public and/or volunteer agencies for the housing of fire, emergency medical or police equipment and for related activities. A membership club may be included if it is a permitted use in that district. This may include housing for emergency personnel while on call.
EMERGING ENERGY FACILITYA private facility capable of converting renewable energy sources, other than solar, water, wind, or geothermal sources, into a viable energy source and utility provisions for a permitted use.
EMPLOYEESThe 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 clearly temporary and occasional persons working on physical improvements to the site.
ENCLOSUREAny type of structure used to surround a designated area.
ENTERTAINMENTA use conducted for gain, which is generally related to the entertainment field, such as bowling alleys, skating rink, pool halls, arcades, theaters, carnivals, nightclubs, and similar entertainment activities.
FAMILYAny group of individuals, related or unrelated, living together as a household unit where the residents may share living expenses, chores, eat meals together, and are a close group with social, economic, and psychological commitments to each other. This definition does not apply to those persons residing in housing operated by organizations and private clubs that limit occupancy to members, i.e., dormitories, fraternities, sororities.
FENCEA 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 similar materials shall be considered a "wall." The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include hedges, trees or shrubs.
FILLMaterial placed or deposited to form an embankment or raise the surface elevation of the land, including, but not limited to, levees, bulkheads, dikes, jetties, embankments, and causeways.
FINANCIAL INSTITUTIONAn establishment involved with loans and monetary, not material, transactions and that has routine interactions with the public and that may include automatic transaction machines.
FLEA MARKETA periodic sales activity held within a building and/or outdoors, where retail merchants offer goods, new or used, for sale to the public.
FLOODPLAIN (100-YEAR)The definitions in Chapter
242, Floodplain Management (Ordinance No. 2001-3, as amended and as may be superseded), shall apply. Such definitions, as amended, are hereby incorporated by reference.
The total floor space within a building(s) measured from the exterior faces of exterior walls or from the center lines of walls separating buildings. Floor area shall specifically include, but not be limited to, a) fully enclosed porches; and b) basement, cellar, or attic space that is potentially habitable and has a minimum head clearance of at least 6.5 feet. Floor area specifically shall not include the following: a) elevator shafts; b) common stairwells; or c) unenclosed porches, decks or breezeways.
FOOD TRUCKA vehicle from which edible food products are cooked, prepared or assembled with the intent to sell such items to the public, provided further that food trucks may also sell other edible food products and beverages that have been prepared or assembled elsewhere. Food truck operators may market their products to the public via advertising, including social media.
FORESTRYThe 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.
FRATERNITY or SORORITYA type of boardinghouse, regulated as such, which is occupied by organized groups of higher education students, and which is officially recognized as a fraternity or sorority by such institution.
FRONTAGEThe linear measurement taken along a property's common boundary with an adjoining street right-of-way, other than that of a limited-access highway.
FUEL STORAGEThe practice of keeping fuel, typically gasoline, diesel, heating oil, or other flammable liquids, in tanks or other containers, either above or below ground.
FUNERAL HOMEA commercial use for the preparation and viewing of the dead prior to burial or cremation. Funeral homes shall not include cemeteries, columbaria, mausoleums, or entombments, but may include mortuaries and crematoria.
GARAGE SALEThe accessory use of any lot for the occasional sale of only common household goods and furniture and items of a closely similar character. Any garage sale that does not meet this definition and cannot comply with §
440-40H(3)(e), Garage sales, shall be regulated as a retail store.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See §
440-50.
An outdoor area used for the game of golf, with a minimum of nine holes. This use may also include a clubhouse (which may include a restaurant or snack bar), swimming pools, tennis courts, golf equipment sales and similar facilities as accessory uses. See §
440-40.
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.
GROUP HOMEA facility for the purpose of providing temporary or permanent residential housing for persons who are unable to maintain a residence for themselves, including the mentally or physically impaired. For purposes of this chapter, group homes shall not include facilities for treatment or rehabilitation, halfway houses, or nursing homes.
HAZARDOUS MATERIALUnless otherwise stated, shall be materials and substances listed on the latest edition of the Hazardous Substance List of the Pennsylvania Department of Labor and Industry.
HEIGHTThe vertical distance measured from the average elevation of the proposed ground level along the front of the building to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height to provide for the roof peak, provided such 20% is not occupied by persons. See exemptions for certain types of structures in §
440-76. A maximum of one more story may be exposed in the rear of a building compared to what is visible in the front of a building. For height of signs, see Article
VII entitled "Signs."
An area used for the takeoff and landing of helicopters, together with any related support facilities, such as for maintenance, refueling and storage. This chapter is not intended to regulate the nonroutine emergency landing and takeoff of aircraft to pick up seriously injured or ill persons.
HOME OCCUPATIONA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves some customer, client or patient traffic, whether vehicular or pedestrian, pickup, meeting location, delivery or removal functions to or from the premises in excess of those normally associated with a residential use.
HOSPITALA use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve any stays overnight shall be considered a medical office. A hospital may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health care professionals. A hospital may include a hospice for care of the terminally ill.
HOTEL or MOTELA building or buildings, including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a boardinghouse and shall meet the requirements of that use. A hotel or motel may also include a restaurant, meeting rooms, nightclub, newsstand, gift shop, swim club or tavern, provided that such use(s) is not the principal use of the property.
HUB HEIGHTThe distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
IMPERVIOUS COVERAGEThe total area of all impervious surfaces on a lot (including building coverage) divided by the total lot area.
A. 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; provided that the applicant establishes a deed restriction on such land as permanent open space and notes the same on an official recorded plan. In such case, such land shall be properly maintained by the abutting use, unless otherwise approved by the Board of Supervisors.
IMPERVIOUS SURFACEArea covered by roofs, concrete, asphalt or other man-made cover which has a coefficient of runoff of 0.85 or higher. The Township Engineer shall decide any dispute over whether an area is impervious. Vehicle parking and loading areas constructed of stone shall be considered impervious based upon future compaction by vehicles. Areas of land paved for the sole purpose of noncommercial tennis courts, trails or basketball courts or closely similar active outdoor recreation may be deleted from impervious surfaces for purposes of determining maximum impervious coverage under this chapter, unless they would also be used for nonrecreational uses (such as parking). However, those areas shall still count as impervious coverage for the purposes of determining compliance with stormwater regulations.
INDUSTRIAL USEIncludes manufacturing, distribution, warehousing and other operations of an industrial nature, and not primarily of a commercial, institutional or residential nature.
INVASIVE PLANTAn invasive plant is one which grows aggressively, spreads, displaces other plants and has generally been introduced from other continents. Lacking natural predators, disease, or other natural controls, these plants can dominate large areas, diminish and/or limit biodiversity, are expensive to control and are directly responsible for the extinction and loss of natural plants that have evolved in communities with other plants, wildlife, insects and microorganisms. The Pennsylvania Department of Conservation and Natural Resources maintains a periodically updated list of invasive plants that is available to the general public.
JUNKAny discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as: metal, furniture, appliances, motor vehicles and parts, aircraft, glass, plastics, machinery, equipment, containers and building materials. Junk shall not include a) 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; b) toxic wastes; c) grass clippings, leaves, tree limbs or similar yard waste materials; or d) items clearly awaiting imminent recycling at an approved recycling facility.
JUNK VEHICLESee definition of "junk vehicle" in Ordinance No. 2024-1, known as the "Nuisance Ordinance." See also the definition of "unregistered vehicle" contained herein.
JUNKYARDA. Land with or without structure(s) used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types:
(2) A greater number of junk vehicles than is permitted under §
440-58 that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station.
One or more mobile/manufactured homes that are not in a habitable condition.
Junk stored within a completely enclosed building for business purposes shall be considered a warehouse.
A junkyard specifically shall include, but not be limited to, any metal scrapyard or auto salvage yard.
KENNELThe boarding, breeding, raising, grooming or training of domestic animals not owned by the landowner or occupant of the premises. Such use shall include animal shelters, both non-profit and for profit.
LAND DEVELOPMENTThe definition in the Pennsylvania Municipalities Planning Code, as amended, shall apply, as may be lawfully adjusted by Chapter
375, Subdivision and Land Development, as amended.
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.
LCCDThe Lehigh County Conservation District.
LIBRARYA public facility for the use, but not sale, of literary, musical, artistic, or reference materials.
LIGHTING, DIFFUSEDIllumination that passes from the source through a translucent cover or shade.
LINE, STREETThe street right-of-way line. This shall be the future street right-of-way line, if one is required to be established.
LIVESTOCKGenerally accepted outdoor farm animals (i.e., cows, goats, horses, pigs, mules, fowl, etc.) not to include cats, dogs, and other house pets.
LOTA contiguous 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 or private street shall be considered to be one tract but two lots.
LOT AREAThe horizontal land area contained within the lot lines of a lot (measured in acres or square feet).
A. For the purposes of determining compliance with the minimum lot area, the following shall be excluded:
(1) Areas within the designated future or existing legal rights-of-way of:
(a) Any proposed or existing public streets or alleys; or
Any proposed or existing commonly maintained private streets that serve more than one lot (NOTE: Proposed streets are not required to be excluded in determining density of apartments or townhouses under §
440-41.); and
Areas that are currently or will be required to be dedicated as common open space on a separate lot. (NOTE: Proposed common open spaces are not required to be excluded in determining density of apartments or townhouses under §
440-41.)
The following land areas shall be excluded for the purposes of determining the minimum lot area and the maximum density for residential uses: land beneath or within 50 feet of each side of overhead electrical transmission lines of 35 kilovolts or greater capacity and the towers/poles supporting such lines and above-ground stormwater management facilities.
LOT DEPTHThe average horizontal distance between the front and the rear lot lines, measured through the approximate center of the lot.
LOT LINESThe 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 line.
B. REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line.
LOT WIDTHThe 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, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall. Measurement shall be by a single continuous line, not cumulative areas of footage.
LOT, CORNERA 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°.
LOT, FLAGAn irregularly shaped lot that does not meet defined lot frontage and is characterized by an elongated extension from a street to the principal part of the lot. See §
440-77B.
A type of through lot that only has vehicle access onto the less heavily traveled street.
LOT, THROUGHA lot that abuts two approximately parallel streets.
MAILED NOTICENotice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. §
10109.
The making of some physical product for sale, and/or associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, distribution and repair, with substantial use of machinery, of products for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility, trucking company terminal mineral extraction, or petroleum or kerosene refining or distillation.
MANUFACTURED/MOBILE HOME PARKA parcel of land under single ownership which includes three or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes and shall not be considered to be a mobile home park.
MASSAGEThe performance of manipulative exercises using the hands and/or a mechanical or bathing device on a person(s)'s skin other than the face or neck by another person(s) that is related to certain monetary compensation, and which does not involve persons who are related to each other by blood, adoption, marriage or official guardianship.
MASSAGE PARLORAn establishment that meets all of the following criteria:
B. The person conducting the massage is not licensed as a health care professional or a licensed massage therapist by the state.
The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor.
The massages are conducted within private or semiprivate rooms.
The use is not clearly a customary and incidental accessory use to a permitted exercise club or to a high school or college athletic program. See §
440-40.
MEDICAL MARIJUANA DISPENSARYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the department 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 department under this act to grow and process medical marijuana. The term does not include a health care medical marijuana organization.
MEDICAL OFFICEA facility for the treatment and examination of patients by Pennsylvania- licensed physicians or dentists, provided that no patients shall be kept overnight on the premises. This use may include the testing of tissue, blood or other human materials for medical or dental purposes.
MINERAL EXTRACTIONThe removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. "Mineral extraction" includes, but is not limited to, the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.
MIXED-USE BUILDINGA building, structure, and/or facility which contains a mixture of uses consisting of commercial, office, retail or service businesses (as permitted) in combination with a residential use.
MOBILE FOOD SERVICE VEHICLEA food truck, canteen truck or ice cream truck and includes any portable unit that is attached to a motorized vehicle and intended for use in the operation of a food truck, canteen truck or ice cream truck.
MOBILE FOOD VENDORSelf-contained food service operation, located in a readily movable motorized, wheeled, or towed vehicle, used to store, prepare, display or serve food intended for individual portion service.
MUNICIPAL/GOVERNMENT FACILITYAll municipal buildings, structures and uses including, but not limited to, governmental offices, garages for the storage of tools, equipment and vehicles, municipally sponsored police and emergency services, transportation, utilities, renewable energy facilities, education, emergency services, recreation, pedestrian safety, information resources and the use of land for the stockpiling of materials used by the municipality in its municipal functions, such use shall not be deemed to encompass a landfill, incinerator or other waste disposal facility.
MUSEUMAn institution, building, or room for preserving and exhibiting artistic, historical, or scientific objects.
NATIVE PLANTThe indigenous terrestrial and aquatic species that have evolved and occur naturally in a particular region, ecosystem, and habitat. Species native to North America are generally recognized as those occurring on the continent prior to European settlement. They represent a number of different life forms, including conifer trees, hardwood trees and shrubs, grasses, forbs, and others.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
NONCONFORMING LOTA 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 chapter, or amendments hereinafter enacted, or is legally established through the granting of a variance by the Zoning Hearing Board, and which is otherwise not merged pursuant to the provisions of §
440-80.
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such chapter or applicable amendment(s). Such nonconforming structures include, but are not limited to, signs. See §
440-80.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See §
440-80.
Noxious weeds are identified as a plant that is determined to be injurious to public health, crops, livestock, agricultural land or other property and cannot be sold, transported, planted, or otherwise propagated in Pennsylvania. Lists of noxious weeds are periodically updated and are available from the Pennsylvania Noxious Weed List.
NURSING HOMEA facility licensed by the state which is set up to provide long term health care to individuals who, by reason of advanced age, chronic illness or disabilities are unable to care for themselves.
OFFICEAdministrative, 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, photographic studios and/or television or radio broadcasting studios.
OFFICIAL STREET CLASSIFICATION MAP, INTENDEDThe map as adopted by the Board of Supervisors as part of this chapter, stating the intended classification of streets of the Township. See definition of "street classification." This map may be amended by resolution of the Board of Supervisors. Such classifications may be different from the classifications in Chapter
375, Subdivision and Land Development, of this Code that are used to determine needed road improvements.
The map as adopted by the Board of Supervisors which designates the location and boundaries of zoning districts.
ON-LOT SEWAGE SYSTEMAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank. [All new principal structures and additions to existing principal structures (including accessory uses) must have a septic system designed by a qualified person and approved by the Township Sewage Enforcement Officer.]
OPEN SPACE, COMMONA parcel or parcels of land within a tract which meets all of the following standards:
A. Is designed, intended and suitable for active or passive recreation by residents of a development or the general public;
Is covered by a system that ensures perpetual maintenance, if not intended to be publicly owned;
Will be deeded to the Township or other approved entity and/or deed restricted to permanently prevent uses of land other than common open space and noncommercial recreation; and
Does not use any of the following areas to meet minimum open space requirements:
(1) Existing or established future street rights-of-way;
Vehicle streets or driveways providing access to other lots;
Land beneath building(s) or land within 20 feet of a building (other than accessory buildings and pools clearly intended for noncommercial recreation and other than agricultural buildings and a farmstead which are permitted within land approved by the Township for agricultural preservation);
Off-street parking (other than that clearly intended for noncommercial recreation);
Area(s) needed to meet a requirement for an individual lot;
Area(s) deeded over to an individual landowner for his/her own exclusive use, except for land approved by the Township for agricultural preservation;
Land beneath or within 50 feet of each side of each of the following:
(a) Overhead electrical transmission lines of 35 kilovolts or greater capacity;
The towers/poles supporting such lines;
For land intended to be open to the public, that does not have provisions for entry with a 20-foot minimum width by pedestrians from a street open to the public or from an adjacent common open space area that has access to such a street;
Land that includes an aboveground stormwater facility, except for a basin or portions of a basin that the applicant proves to the satisfaction of the Board of Supervisors would be reasonably safe and useful and designed and intended for active or passive recreation during the vast majority of weather conditions;
Portions of land that have a width of less than 20 feet;
Land that includes commercial recreation uses, except as may specifically be permitted to be counted towards a common open space requirement by a specific provision of this chapter; and
Land that includes a central sewage treatment plant.
OVERLAY DISTRICTA special use district, defined by special physical characteristics or designated for specific uses, either graphically depicted on a map or described by metes and bounds, whose uses, conditional or by right, are permitted in the underlying or base zoning district.
OWNER OF RECORDAn individual or entity whose name appears on the official title or record of a property.
PARKINGOff-street parking and aisles for vehicle movement unless otherwise stated.
PATIOAn 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. See §
440-77.
All areas covered by gravel and/or impervious surfaces, other than areas covered by buildings, bicycle paths and pedestrian sidewalks.
PENNDOTThe Pennsylvania Department of Transportation, or its successor, and its subparts.
PERMITA document issued by the proper Township authority authorizing the applicant to undertake certain activities.
PERMITTED BY RIGHT USESUses that do not need approval 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 complies with all Township ordinances.) A nonconforming use shall not be considered a permitted by right use, a special exception use or a conditional use.
PETAny domesticated dog, cat, rodent, amphibian, fish, or other animal, lawfully maintained in or near the household of its owner and generally kept in close contact with humans.
PLACE OF WORSHIPBuildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes.
PRIME AGRICULTURAL LANDLand used for agricultural purposes that contain soils of the first, second or third class as defined by the United States Department of Agriculture County soil survey.
PRINCIPAL BUILDINGA 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.
PRINCIPAL USEA dominant use(s) or main use on a lot, rather than an accessory use.
PRINTINGIncludes printing, publishing, lithographing, photocopying, bookbinding and similar uses.
PRIVATE ORGANIZATION/CLUBA building/facility in which members of a community or association may gather for social, educational, or cultural activities.
PROCESSINGA function which involves only the cleaning, sorting, sizing and/or packaging of products and materials for sale or profit.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action on zoning- or planning-related matters.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S.A. §
701 et seq. (October 15, 1998, P.L. 729, No. 93), known as the "Sunshine Act," and subsequent amendments.
Notice in accordance with the Pennsylvania Municipalities Planning Code and Second Class Township Code.
PUBLIC SEWERA municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems shall be capable of serving multiple users.
PUBLIC UTILITIESA use or extension thereof which is operated, owned or maintained by a public utility corporation or entity, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.
RECREATIONAL FACILITYAn area, building, or structure publicly owned or operated and used for public recreational purposes, including but not limited to any park, reservation, playground, recreational building, or other area used for active or passive recreation.
RECREATIONAL VEHICLESee the definition in Chapter
242, Floodplain Management, Article
VIII, Terminology. This may include a vehicle that is self-propelled, towed or carried by another vehicle, but shall not include camper caps that fit over pickup trucks. This term shall also include the following: watercraft with a hull longer than 15 feet, motor homes, travel trailers, all-terrain vehicles and snowmobiles.
A facility employing a process that separates or classifies recyclable materials and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term does not include transfer facilities, municipal waste landfills, composting facilities or resource recovery facilities.
RENEWABLE ENERGY SOURCEAny method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.
RENTALA procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.
REPAIR SHOPShops for the repair of appliances, watches, guns, bicycles and other household items.
RESEARCHThe conduct of research, development, and testing in various fields of science, such as but not limited to chemistry, pharmacy, medicine, electricity, transportation and engineering.
RETAIL SALES OF AGRICULTURAL COMMODITIES AS AN ACCESSORY USEDirect commercial sales of agricultural commodities upon property owned and operated by a landowner who produces not less than 50% of the commodities sold. Such direct sales shall be authorized without regard to the 50% limitation under circumstances of crop failure due to reasons beyond the control of the landowner.
RETAIL STOREA facility for the selling products such as apparel, baked goods, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, liquor, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, audio-visual equipment and supplies, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics, beer, wine and non-alcoholic beverages.
RIGHT-OF-WAYAn area or strip of land which is reserved for use by or as a street or by one or more utilities, the public, or others. The term "right-of-way" by itself shall mean the existing street right-of-way, unless another meaning is otherwise stated or clearly implied from the context in which it is used.
A. STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right- of-way that either the Township or the state presently owns or holds another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
(1) This term also shall mean the actual line separating an abutting lot from such existing street right-of-way.
Width. The existing street right-of-way line shall, in absolutely no case, be located at less than 16.5 feet from the center line of any existing public street. The right-of-way line for any public alley within the Township shall be an absolute minimum of 10 feet from the center line of any existing alley.
B. STREET RIGHT-OF-WAY, FUTURE OR ULTIMATEAn area or strip of land, and the line separating it from any abutting lot, which land is to be dedicated or is required to be defined or reserved for future dedication or use as a street and/or for related public improvements, including, but not limited to, utilities.
(1) The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" each shall have the same meaning.
In those instances or locations where a future right-of-way is not defined or required to be defined or reserved, then the term "future right-of-way" shall have the same meaning as "existing street right-of-way."
RIPARIAN BUFFERA land area of vegetation that is maintained along the shore of a stream or river to protect water quality and stabilize stream channels and banks.
ROADSee definition of "street."
SANITARY LANDFILL (or SOLID WASTE LANDFILL)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.
SATELLITE DISH ANTENNA or SATELLITE ANTENNAA ground-based reflector, usually parabolic in shape, that receives electronic signals from a satellite, and that does not meet the definition of a "commercial communications antenna." This term shall also include any pedestal or attached structure. Satellite dish antennas with a total dish diameter of 3.5 feet or less shall not be regulated under this chapter.
SAWMILLA facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products, not including the processing of timber for use on the same lot by the landowner or resident of that lot. A sawmill may also be referred to as a "planing mill."
SCHOOLAn educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include trade schools (such as privately operated schools of trade, vocation or business).
SCREENINGYear-round plant material of substantial height and density designed to provide a buffer.
SELF-STORAGE DEVELOPMENTA 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.
SEPTAGEMaterials pumped from a residential on-lot septic treatment system that was installed and is maintained in compliance with DEP regulations.
SERVICE BUSINESSAn establishment that provides a service oriented to personal needs of the public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barber and beauty shops, photography studios, shoe repair shops, household appliance repair shops, and other similar establishments, but shall not include any adult uses, as herein defined.
SETBACK LINEA. 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 the front lot line.
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 §
440-77B.
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, if a right-of-way exists. If a private street does not have a right-of-way, the setback shall be measured from the edge of the cartway.
SEWAGE DISPOSAL SYSTEMA system to collect, treat and dispose of sewage. No such system shall be permitted that does not comply with local, state and federal requirements.
A. CENTRAL SEWAGE SERVICEService prior to occupancy of a use by an approved sewage system serving a minimum of 20 principal uses and/or dwellings.
(1) PUBLIC SEWAGE SERVICECentral sewage service prior to occupancy of a use by a central sewage treatment plant that is owned by a municipality or a municipal or county authority.
B. ON-LOT SEWAGE SERVICEAny form of sewage service permitted under local, state and federal law that does not meet the definition of "central sewage service."
SEWAGE SLUDGE, LAND APPLICATION OFThe spreading on land of the coarse screenings, grit and dewatered or air-dried sludge, septic and holding tank pumpings and other residue from sewage treatment systems.
SHOPPING CENTERA use involving two or more retail or personal service uses or establishments and that primarily involves retail sales. A shopping center may, in addition, include a mix of permitted personal service, restaurants, office and/or commercial recreation uses.
SHORT-TERM RENTALRenting for a period of 30 consecutive days or less any dwelling unit, in whole or in part, for exclusive transient use. "Exclusive transient use" shall mean that no resident of the dwelling unit lives on-site, in the dwelling unit, throughout any visitor's stay. Rentals of units located within Township-approved hotels, motels, inns, and bed-and-breakfasts shall not be considered short-term rentals as defined herein.
SIGNAny 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. See definitions of types of signs in §
440-62. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.
A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located. See also "billboard."
SITE PLAN REVIEWReview of a site plan by the Planning Commission and/or the Board of Supervisors that is required for certain uses under §§
440-23 and
440-24.
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).
SLOPEThe vertical change of an area of land divided by the horizontal change, measured in percent. See steep slope provisions in §
440-45.
The latest published version of the United States Department of Agriculture's Soil Survey for Lehigh County, Pennsylvania.
SOLAR ENERGY SYSTEMA solar photovoltaic cell, module, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.
SOLICITORAn attorney appointed by the North Whitehall Township Board of Supervisors, the Township Zoning Hearing Board or any other Township appeal board.
SOLID WASTEA. 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 chapter, the following materials shall not be considered to be solid waste:
(1) 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; or
Materials of a character such as paper, plastic, aluminum and metal that have been separated from the waste stream that is clearly awaiting imminent recycling.
SOLID WASTE FACILITYA. Land or structures where solid waste is processed, incinerated or disposed of. This shall only include the following facilities, each of which shall be required to have all permits required by the state in place prior to initiation of the use: sanitary landfill, solid waste transfer facility or solid-waste-to-energy facility.
The following uses for the purposes of this chapter shall not be considered to be a solid waste disposal facility: junkyard, recycling collection center, leaf composting, clean fill or septage or sludge application. Also see the definitions of many of these terms in Title
25 of Pennsylvania Code DEP regulations.
SOLID WASTE TRANSFER FACILITYA type of solid waste disposal 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.
SOLID-WASTE-TO-ENERGY FACILITYA type of solid waste disposal facility that utilizes waste (such as municipal waste, 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.
SPECIAL EXCEPTIONA use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See §
440-26.
One or more of the following:
A. Human male genitals in a visible state of sexual stimulation.
Acts of human masturbation, sexual intercourse, oral sex or sodomy.
Fondling or other erotic touching of human genitals. See definition of "adult use."
STABLEAn establishment where horses are boarded and cared for and/or where instruction in riding, jumping and showing is offered and/or the public may, for a fee, hire horses for riding.
STATEThe Commonwealth of Pennsylvania and its agencies.
STOCKYARDAn enclosure with pens, sheds and other buildings or structures for the temporary keeping of livestock for slaughter, market, or shipping.
STOREFRONTThe wall of a unit of occupancy which faces the front yard within a shopping center or similar commercial use.
STORY (and HALF-STORY)A level of a building routinely accessible to humans having an average vertical clearance from floor to ceiling of 6.5 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 6.5 feet shall be considered a half-story.
STREETA public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley, a driveway, or access drive. The terms "street," "highway" and "road" have the same meaning and are used interchangeably.
STREET CENTER LINEThe center of the existing street right-of-way or, where such cannot be determined, the center of the traveled cartway.
STREET CLASSIFICATIONThe functional classification of streets into the following types, as shown on the Official Street Classification Map for existing streets and as determined by the Township Engineer for future streets:
A. EXPRESSWAYDesigned for large volumes and high-speed traffic with access limited to grade separated intersections.
B. MAJOR ARTERIAL STREETDesigned for large volumes and high-speed traffic with access to abutting properties restricted.
C. MINOR ARTERIAL STREETDesigned to carry a moderate volume of fast-moving traffic from collector and local streets to major arterial streets.
D. 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 are intended to carry higher amounts of traffic than minor collector streets.
E. LOCAL STREETDesigned to provide access to the abutting properties and a route to collector routes.
(1) MARGINAL ACCESS STREETA type of local street which is parallel to and adjacent to an expressway, major arterial street or minor arterial street, and which provides access to abutting properties and protection from through traffic.
(2) CUL-DE-SAC STREETA type of local street intersecting another street at one end and terminating in a vehicular turnaround at the other.
NOTE: The existing street classifications stated in Chapter 375, Subdivision and Land Development, of this Code shall continue to apply for purposes of Chapter 375, Subdivision and Land Development, of this Code. |
STREET, PROPOSEDA 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.
STRUCTUREAny man-made object having a stationary location on, below or in land or water, whether or not affixed to the land, subject to the following specific standards:
A. Examples of structures include: buildings, signs, stadiums, platforms, communications towers, walkways, porches or decks that are covered by a permanent structure, swimming pools (whether above or below ground), storage sheds, carports, and garages.
All structures shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter.
A ground-level parking lot shall not, by itself, be considered a structure, provided that all other requirements of this chapter are met.
STUB ROAD or STUB STREETA road or street terminating at an abutting property line and providing no outlet until the abutting land is developed and is intended to facilitate future access.
SUBDIVISIONSee MPC, Article
I, Section 107, as may be lawfully amended or supplemented in Chapter
375, Subdivision and Land Development, as amended.
A man-made area with walls of man-made materials intended to enclose water at least 48 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.
SWIMMING POOL, NONHOUSEHOLDA. A man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that does not meet the definition of a "household" swimming pool, including:
(1) 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 public.
TARGET/SHOOTING RANGEA place where firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) can be shot for recreation, competition, skill development and/or training. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
TASTING ROOMA component of a craft beverage production facility which offers to the general public an opportunity to consume craft beverages and which is operated in conformance with all applicable federal, state and local laws, regulations and ordinances.
TAVERN/BARAn establishment which serves alcoholic beverages for on premises consumption and which is licensed by the Pennsylvania Liquor Control Board. The sale of food shall be incidental to the primary use. A craft beverage production facility shall not be considered a tavern or bar.
TERMINAL, TRANSITA transportation facility limited to a railway station or bus station providing transportation services to the general public.
THEATERA 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.
TOWNSHIPNorth Whitehall Township, Lehigh County, Pennsylvania.
TRACTIn certain zoning districts, the tract is the minimum amount of adjacent land area (which may be separated by alleys, streets or waterways) 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:
A. 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 in this section), 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.
TREATMENT/REHABILITATION CENTERA 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:
A. Criminal rehabilitation, such as a criminal halfway house or a treatment/housing center for persons convicted of driving under the influence of alcohol;
Addiction to alcohol and/or a controlled substance; or
A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others.
TRUCKING COMPANY TERMINALA principal use contained on a single property:
A. To which materials and products are imported for their redistribution and export by commercial truck or other modes of transport; or
Whereby a fleet of commercial vehicles is maintained for their dispatch on an as needed or contractual basis.
TURBINE HEIGHTThe distance measured from the surface of the tower foundation to the highest point of the turbine rotor plan.
UNREGISTERED VEHICLEAny motor vehicle or trailer that does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker. This term shall not apply to vehicles (such as licensed antique cars) for which state regulations do not require an inspection sticker. The term also shall not include motor vehicles displaying a license and inspection stickers that have each expired less than 90 days previously.
USEThe 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 structure, activity outside of a structure, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.
UTILITY OPERATING FACILITYA use which includes a transformer station, pumping station, relay station, tower (transmission or relay), substation, sewage treatment plant, and any similar or related installation, not including a public incinerator and public or private landfill, and not including a wireless telecommunications facility.
VARIANCEThe granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code. See Article
I.
A commercial building, structure, or use involving the sale of gasoline and other alternative fuel products that also offers for sale grocery type items, and including items from the following groups: beverages, snacks (including confectionery), dairy products and tobacco. Food preparation for take-away consumption shall be permitted. The use may provide for indoor automated teller machines and financial services, indoor public telephone facilities, indoor vending machines, electric vehicle charging stations, air pumps for the inflation of tires and drive-through facilities.
VEHICLE SALESThe sale, lease or rental of new or used automobiles, trucks, motorcycles, boats and recreational vehicles.
VEHICLE SERVICE STATIONA building, structure, use, and/or land where petroleum and other alternative fuel products is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections. This use may include a convenience store. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be an auto service station.
VETERINARY OFFICE OR CLINICA building routinely used for the treatment of animals and related accessory housing or boarding of sick animals. Treatment of large animals includes all types of animals, including horses, cows and pigs. Housing of primarily healthy animals shall be considered a kennel and shall meet the requirements of that use. This use includes an animal hospital.
WAREHOUSEAn industrial use including a building or group of buildings primarily used for the indoor storage, transfer, distribution, and/or the wholesale selling of products and materials to retailers, other merchants, or industrial, institutional, and commercial users, mainly for resale or business use.
WATER SERVICEProvision of potable water to a use.
A. CENTRAL WATER SERVICEService prior to occupancy by a central water system that transmits water from a common source and is operated by:
(1) A water system in municipal ownership; or
A water system that meets the applicable criteria below regarding private ownership and that already serves and/or receives municipal approval to serve 30 or more dwellings or principal uses.
C. ON-LOT OR NONPUBLIC WATER SERVICEService prior to occupancy 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.
WATER SYSTEMA system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the Township. See §
375-74.1.
B. MUNICIPAL OWNERSHIP OF WATER SYSTEMA central water system owned by any of the following:
(1) North Whitehall Township;
A municipal authority, such as the Lehigh County Authority and/or the Northampton Borough Municipal Authority.
(a) Establishment. Unless the provider is North Whitehall Township, the entity providing the municipal water service shall be duly organized and lawfully existing in accordance with the General Municipal Laws of the Commonwealth of Pennsylvania, and the appropriate municipal code or the Municipality Authorities Act of 1945 (53 P.S. §
300 et seq.), each as amended, as applicable.
C. PRIVATE OWNERSHIP OF CENTRAL WATER SYSTEMA central water system that is owned by a legal entity which:
(1) Currently holds all required permits from the Pennsylvania DEP; and
Holds a current certificate of public convenience and necessity (or similar document) from the Pennsylvania Public Utility Commission (or its successor agency).
WATERCOURSEA permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.
WATERSHEDAll the land from which water drains into a particular watercourse.
WETLANDSAn area of land and/or water meeting one or more definitions of a "wetland" under federal and/or Pennsylvania law and/or regulations. The official U.S. Army Corps of Engineers' definition of wetlands: "Those areas that are inundated or saturated by surface or ground water 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. Wetlands generally include swamps, marshes, bogs and similar areas." Wetlands are technically defined on the basis of types of vegetation and soils and the level of the water table below the surface. The U.S. Army Corps of Engineers and DEP enforce the wetlands regulations.
WHOLESALESales that primarily involve transactions with other businesses and their agents and not to the general public.
WIND ENERGY FACILITYAn electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND TURBINEA wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, wind rotor, tower, and pad transformer, if any.
WIRELESS COMMUNICATION FACILITYThe set of equipment and network components including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.
YARDAn area not covered by buildings and that is on the same lot as the subject structure or use and which is measured inward from a lot line. Regulations of specific districts prohibit principal and accessory structures within specified required minimum yard setbacks.
YARD, FRONT or MINIMUM FRONT SETBACKA yard measured from along the front lot line (which is the existing street right-of-way line where it abuts a street) and that extends the full width of the lot from side lot line to side lot line.
A. The front yard shall be on a side that faces towards a public street, whenever one public street abuts the lot. See §
440-77 regarding flag lots.
When a lot abuts onto two or more public streets, the applicant may choose which is the 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 corner lot requirements of §
440-77.
No accessory or principal structure shall extend into the required front yard, except as provided in this chapter. See special front yard provisions, including regarding corner lots, through lots and front yard exceptions, in §
440-77.
Every lot shall include at least one front lot line.
YARD, REAR or MINIMUM REAR SETBACKA yard extending the full width of the lot and which is always measured from along the rear line and which establishes the minimum setback for the subject structure, and which stretches between the side lot lines parallel to the rear lot line. A principal building shall not extend into the required rear yard setback 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 chapter. Every lot shall include a rear lot line.
YARD, SIDE or MINIMUM SIDE SETBACKA yard which establishes the minimum setback for the closest portion of the subject structure, and which is measured from along the entire length of the side lot line, and which extends from the front lot line to the rear lot line. A structure shall not extend into the applicable minimum side yard setback, except as provided for in this chapter. See corner lot provision in §
440-77. Every lot shall include at least one side lot line, although such lot line may be regulated as a front yard under §
440-77.
The Official Zoning Map of North Whitehall Township, Lehigh County, Pennsylvania.
ZONING OFFICERSThe administrative officers charged with the duty of enforcing the provisions of this chapter, and his/her officially designated assistant(s).