[Amended 10-24-2016 by Ord. No. 424; 1-23-2017 by Ord. No. 425; 6-26-2017 by Ord. No. 428; 8-28-2017 by Ord. No. 431; 7-8-2024 by Ord. No. 462; at time of adoption of Code (see Ch. 1, General Provisions, Art. I); 6-9-2025 by Ord. No. 469]
When used in the Chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
ABUTContiguous properties sharing a common property boundary and properties across the street or streets from one another or directly across a natural feature or right-of-way.
ACCESS DRIVEA privately owned, constructed and maintained vehicular access from a public or private street.
ACCESSORY BUILDINGA building (such as a private garage, garden shed, private toolhouse or children's playhouse or a noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building.
ACCESSORY STRUCTUREA structure serving a purpose customarily incidental to the use of the principal building and located on the same lot as the principal building.
ACCESSORY USEA use subordinate and customarily incidental to the principal use on the same lot.
ADJACENTA state of being side by side, next to or adjoining one another.
ADULT BUSINESS USEAny adult bookstore, adult cabaret, adult theater, adult video rental and sales store, or adult mini-motion-picture theater, as defined below, and which, under the State Obscenity Code, as amended, must exclude minors or may not knowingly disseminate to a minor.
A. ADULT BOOKSTOREAn establishment, having as a substantial or significant portion of its stock-in-trade (for sale or rental) books, magazines, and other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined by the State Obscenity Code.
ADULT CABARETA cabaret, tavern, theater or club which features strippers, male or female impersonators, or similar entertainers who exhibit, display or engage in nudity, sexual conduct or sadomasochistic abuse, as defined by the State Obscenity Code.
ADULT MINI-MOTION PICTURE THEATERAn enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons within private viewing booths and/or by use of token- or coin-operated viewing booths and/or by use of token- or coin-operated projectors or other video machines as defined by the State Obscenity Code.
ADULT THEATERAny business, indoor or outdoor, which exhibits a motion picture show or other presentations which, in whole or in part, depicts nudity, sexual conduct, sadomasochistic abuse as defined by the State Obscenity Code, as amended.
ADULT VIDEO RENTAL AND SALESAn establishment that has 25% or more of its stock in videos for rental or sales, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or an establishment with a designated segment or section devoted to the sale or display of such material.
MASSAGE PARLORAny commercial place or establishment where one person performs exercises upon another person by rubbing, kneading, stroking or tapping with the hand or hands or with any mechanical device. This shall include but not be limited to activities conducted by a health care professional licensed as such by the Commonwealth of Pennsylvania. This use shall not include any place of business where any person, partnership, firm, association or corporation engages in, carries on, or permits to be engaged in or carried on any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating specified anatomical areas or specified sexual activities or engaging in sexual activity as a business as prohibited by relevant provisions of the State Obscenity Code.
OTHER ADULT USESAny business, activity or use including or similar to or of the general nature of "Adult Bookstores," "Adult Motion Picture Theaters," "Adult Video Sales and Rentals," or "Adult Entertainment Cabarets" that provide goods or services distinguished or characterized by their emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas," such as escort bureaus, nude wrestling studios, phone sex services, internet sex services and studios, or similar businesses, activities or uses.
SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely or opaquely covered.
ADULT DAY CAREA facility where a variety of health, social and related support services are provided to adults, who have physical or mental impairments that substantially limit one or more major life activities, in a protected setting during any part of the day, but less than 24 hours.
ADULT USES, OTHERAny business, activity or use similar to or of the general nature of "Adult Bookstores," "Adult Motion Picture Theaters," "Adult Entertainment Cabarets" or "Adult Massage Parlors" that provides goods or services distinguished or characterized by their emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas," such as escort bureaus, nude wrestling studios, phone sex services, internet sex services and studios, or similar businesses, activities or uses.
AGRICULTURAL INDUSTRIESThe processing, treating, packing or storing of agricultural products. This definition does not include rendering or slaughtering operations.
AGRICULTURE, GENERALThe cultivation of the soil and the raising and harvesting of the products of the soil. "General Agriculture" includes animal husbandry, commercial crop storage and orchard, but does not include commercial forestry, or the extraction of minerals or water from the ground for any purpose other than in support of the on-site agricultural use.
AGRICULTURE, INTENSIVEA. Specialized agricultural activities including, but not limited to, mushroom production, poultry production and dry lot livestock production, which due to the intensity of production, necessitate development of specialized sanitary facilities and controls,
Any agricultural activity involving more animal equivalent units per acre than specified under §
450-324 for general agriculture.
AIRPORT or AIRSTRIPAn area of land which is designed, used or intended to be used for the landing and takeoff of airplanes or ultra-light aircraft and any appurtenant areas which are designed to be used for airplane support facilities such as maintenance, refueling and parking facilities. Airports and airstrips shall be approved and shall meet all the applicable State and Federal regulations.
B. PUBLIC USE AIRPORT or AIRSTRIPAn airport or airstrip open to the general public and not requiring prior permission of the owner and/or operator to land. Public use at commercial airports are covered under the Airport Zoning Act of October 10, 1984.
ALLEYA private way affording only secondary means of access to adjacent property.
ALTERATIONAny change or rearrangement in the structural parts or in the existing facilities of a building or structure, or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such building from one location or position to another.
ALTERNATIVE ENERGY SYSTEM, PRINCIPALAn energy conversion system, either solar or wind generated, whose main purpose is to supply electrical or thermal power primarily for off-site use. Principal alternative energy systems could consist of one or more free-standing ground, or roof mounted wind turbines, solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
ALTERNATIVE ENERGY SYSTEMS ACCESSORYAn energy conversion system, either solar or wind generated, which is intended to primarily reduce on-site consumption of utility power. Accessory alternative energy systems could consist of one or more free-standing ground, or roof mounted solar arrays or modules, a wind turbine, a tower, and associate control or conversion electronics.
AMBULANCE SERVICEA facility housing ambulance or medical emergency vehicles and attendant staff, including offices and supply storage.
AMBULATORY SURGICAL CENTERA facility designed to provide elective surgical care in which the patient is admitted and discharged the same day.
AMUSEMENT ESTABLISHMENTSA building established for the use of electronic and/or mechanical coin-operated devices, including but not limited to pinball machines, electronically operated shuffleboards, bowling, video games, electronically operated tennis, billiards and other similar games of amusement.
ANIMAL EQUIVALENT UNIT1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. For purposes of such determination, averages may be used, with such averages being determined by the average weight of the type animal being considered.
ANIMAL HOSPITALA building, structure or area of land where animals are given medical care, other than the premises where such animals are boarded. The definition of animal hospital shall include a veterinarian office.
ANIMAL HUSBANDRYThe raising and keeping of livestock or poultry for any commercial purpose. The keeping of livestock or poultry as farm pets pursuant to the regulations of this chapter and shall not be construed as animal husbandry.
ANIMATED SIGNA sign which uses movement or change of lighting to depict action or to create a visual effect or scene.
ARCADEAn area contiguous to a street or plaza that is open and unobstructed, and that is accessible to the public at all times. Arcades may include building columns, landscaping, statuary and fountains. Arcades do not include off-street loading/unloading areas, driveways, access drives or parking areas.
ARTICULATETo give emphasis to or distinctly identify a particular element. An articulated facade would be the emphasis of elements on the face of a wall including a change in setback, materials, roof pitch or height.
AUDITORIUMA building containing a stage and seating for meetings and performances. The definition of auditorium shall include a theater and a motion-picture theater, however, shall not include an adult motion-picture theater.
AUTOMOBILE ACCESSORIESBuildings where automobile parts and supplies are sold at retail, but where no vehicular repairs or services are conducted. This shall not include the sale of gasoline.
AUTOMOBILE REPAIR STATIONBuildings and land where gasoline and other automobile parts and supplies are sold at retail and where major vehicular or boat repairs are conducted. The definition of automobile repair station shall include an automobile body shop. See definitions of "major vehicular or boat repairs."
AUTOMOBILE SERVICE STATIONBuildings and land areas where gasoline, oil, grease, batteries, tires or automobile accessories and parts are supplied and dispensed at retail and where minor automobile repairs and services are conducted and permitted. See definition of "minor automobile repairs and services."
AUTOMOBILE WRECKINGThe dismantling or disassembling of used motor vehicles, or the storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
AUTOMOBILE, RECREATION VEHICLE or BOAT SALES AREAAn open area, other than a street, used for the display, sale or rental of new or used motor vehicles, recreation vehicles or boats in operable condition, and where no major vehicular or boat repair work is done. A use may combine vehicle sales with major vehicle repairs only if both uses are permitted in that district.
BANKIncludes savings and loans, finance companies, credit unions and other similar enterprises.
BANNERA sign of lightweight fabric or similar material that is attached at one or more edges or corners to a pole or building.
BASEMENTA story partly below the finished grade but having at least 1/2 of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building. A basement shall be considered as one story in determining the permissible number of stories.
BED-AND-BREAKFASTA dwelling in which the owner or tenant rents at least one but not more than five rental unit(s) for residential or lodging purposes, and in which meals are served to overnight guests. For the purpose of this definition, a rental unit is one or more rooms intended to be occupied by one family as separate living quarters, but does not contain one or more of the following: sanitary facilities, kitchen facilities or direct access from the outside or through a common hall.
BEVERAGE DISTRIBUTORA business establishment engaged primarily in the sale of alcoholic and nonalcoholic beverages for off-site consumption. This definition specifically excludes taverns, bars, restaurants, convenience stores and grocery stores.
BLOCKA tract of land or a lot or group of lots, bounded by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Township or by any combination of the above.
BOARDThe Zoning Hearing Board of the Township of Spring.
BOARDING HOUSE (ROOMING HOUSE, LODGING HOUSE)A dwelling in which the owner or tenant rents at least two, but not more than five, rental unit(s) for residential or lodging purposes, regardless of whether meals are furnished or not. For the purpose of this definition, a rental unit is one or more rooms intended to be occupied by one family as separate living quarters, but does not contain one or more of the following: sanitary facilities, kitchen facilities or direct access from the outside or through a common hall.
BODY ARTPhysical body adornment using, but not limited to, body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition does not include practices that are considered medical procedures. The definition shall not include piercing of the ears.
BODY ART ESTABLISHMENTA place where body art is the principal or primary activity. This definition includes facilities commonly referred to as "tattoo parlors."
BRIGHTNESS OF SIGNThe maximum brightness of a sign, as measured from the sign's face, in nits (candelas per square meter).
BUFFER YARDA strip of land at least 20 feet in width which may be a part of the minimum setback distance and which is free of any principal or accessory building, parking, outdoor storage or any other use than open space.
BUILDINGAny combination of materials forming any structure which is erected on the ground and permanently affixed thereto, designed, intended or arranged for the housing, shelter, enclosure or structural support of persons, animals or property of any kind. A multifamily building divided by unpierced masonry division walls extending from the ground to the underside of the roof shall not be deemed to be more than one building for purpose of this chapter.
A. BUILDING, ATTACHEDA building which has two or more walls or portions thereof in common with an adjacent building.
BUILDING COVERAGEThe ratio obtained by dividing the maximum horizontal cross section of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located, excluding area within all existing and future or ultimate street rights-of-way.
BUILDING HEIGHTThe vertical distance from the grade at the front of the building or the average of the grade of the street fronts, if building faces more than one street, to the highest point of the roof beams of a flat roof and to the mean height between eaves and ridge for gabled, hipped and pitched roofs.
BUILDING LINE or BUILDING SETBACK LINEA line, established by this chapter, within a property, defining the minimum distance between any building or structure or portion thereof to be erected or altered, and an adjacent right-of-way or street line. Such line shall be measured at right angles from the street right-of-way line and shall be parallel to said right-of-way line. See definition of "right-of-way line."
BUILDING MASSA building's expense or bulk. This term is typically used in reference to structures of considerable size.
BUS SHELTERAn open, roofed structure used as a shield or protection from inclement weather conditions by persons awaiting a bus. This shall include only those structures utilized by a school district or transportation authority.
BREWERYA facility that manufactures fermented malt beverages for wholesale with limited sales to the general public.
BUILDING AREA, TOTALThe total gross square footage of all floors of a building, including any covered outdoor space, as measured from the outside of all exterior walls and supporting columns. This definition shall apply only for purposes of determining the floor area ratio (FAR) of a mixed-use development.
CAMPGROUNDAn area used for seasonal occupancy of recreational vehicles, temporary tents or cabins by transient visitors to the area, in combination with outdoor recreation and/or outdoor educational programs. This term shall only include facilities that are primarily used during warmer months.
CANDELASA unit of luminous intensity, which can be defined as the amount of luminous flux (total luminous power emitted from a source and expressed as lumens) per unit solid angle in a given direction.
CARPORTA building open on two or more sides and used in conjunction with a dwelling for storage of private vehicles.
CARTWAYThe paved portion of a street or highway designed for vehicular traffic and paved areas intended for on street parking.
CARWASHA facility devoted to the washing and waxing of the exterior of vehicles and the cleaning of their interiors by automated equipment and employees of the establishment, but where no sale of gasoline, preventive maintenance or repair to the vehicles shall be offered and performed.
CASINO or GAMING ESTABLISHMENTA facility which legally operates as a government-licensed enterprise open to the public in which gaming devices and games of chance are offered to players with food, beverages and retail products normally sold to patrons.
CATERING ESTABLISHMENTAn establishment in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises or to take out.
CELLARA story partly below the finished grade, having more than 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.
CENTRAL GREENA centrally located open space area available for unstructured recreation, its landscape consisting of grassy areas and trees.
CHANGEABLE COPY SIGN (NON-ELECTRONIC)A sign or portion thereof which has a readerboard of text information in which alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device and may be changed or re-arranged manually or mechanically with characters or illustrations which can be changed or rearranged without altering the face or surface of the sign. A sign which shows the date, time, and/or temperature, or other similar information of general interest, shall not be considered a changeable copy sign.
CHIMNEYAny vertical structure enclosing a flue or flues that convey smoke or exhaust from a furnace.
CIVIC OR SOCIAL ORGANIZATIONAn association, corporation, or other organization that is operated for the promotion of the welfare, improvement, and enhancement of that community. This definition may include nonprofit organizations.
CLEAN WOODNatural wood that has no paint, stains or other types of coatings, and natural wood that has not been treated with copper chromium arsenate, creosote or pentachlorophenol, among other treatments.
CLUBSee "membership club."
COLLEGE-ADJACENT PROPERTYLand directly adjacent to a college or university, having a common lot line with the property upon which such college or university is located, and having direct pedestrian access capable of supporting a pedestrian walkway having a direct connection to such college or university, but which does not cross a public street. Such college or university must be state-licensed and must require that some or all of the students reside on or near the campus. This definition shall apply only for purposes of the specific use of "Garden Apartments located on College Adjacent Property" within the POB District.
COMBINATION OF PERMITTED USESA grouping of principal uses on a lot where such uses are otherwise permitted individually in that zoning district. This does not include a combination of uses within the same building. (See also "multiple-use building").
COMMERCIAL MOTOR VEHICLEA motor vehicle licensed by the Commonwealth in a class other than Class I or Class II. For purposes of this chapter, a recreational vehicle (see definition) shall not be considered a commercial motor vehicle.
COMMERCIAL STABLE or RIDING ACADEMYA principal use at which the operator offers services and facilities to board, train, and exercise horses that are owned by nonresidents of the subject property. This use also expressly includes the recreational riding of horses for a fee, riding lessons, periodic competitions and similar events related to the care, use and enjoyment of the horses.
COMMISSIONThe Planning Commission of the Township of Spring.
COMMUNITY CENTERA building or portion of a building in which members of a community may gather for social, educational, recreational or cultural activities.
COMPREHENSIVE PLANThe document titled "Suburban Berks West Joint Comprehensive Plan," or any part thereof, adopted by the Board of Supervisors.
CONDITIONAL USECertain specified uses which are allowed or denied by the Board of Supervisors after recommendation by the Planning Commission pursuant to express standards and criteria set forth in this chapter.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, created under either the Pennsylvania Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium Act.
CONFERENCE CENTERAn establishment used for the holding of conventions, seminars, workshops or similar activities, including dining and lodging facilities for the use of participants, as well as compatible accessory facilities.
CONSTRUCTIONIncludes the placing of construction materials in permanent position and fastening in a temporary or permanent position and the demolition of a preexisting building, provided that further construction be diligently carried on.
CONVALESCENT OR NURSING HOMEAn establishment containing sleeping rooms used by persons who are lodged and furnished with meals and are provided with needed support services, including the availability of basic nursing care. Such a facility may or may not include skilled nursing or medical care, but shall not include surgery or other treatments which are customarily provided in hospitals. This definition shall be limited to facilities licensed by the Commonwealth of Pennsylvania as a nursing center or personal care center.
CONVENIENCE STOREAn establishment where food, tobacco, drugs, periodicals, or similar items of household convenience are kept for retail sale to residents of the immediate neighborhood. Stores catering primarily to passing traffic originating outside of the surrounding neighborhood are not included in this definition.
CONVENTIONAL RESIDENTIAL DEVELOPMENTA residential use of land that includes the division of property into building lots based upon the standard provisions within a zoning district for lot area, width, building coverage and minimum yard requirements. This definition does not include open space developments or planned residential developments.
CONVERSIONTo change or adapt land or structures to a different use, occupancy or purpose.
COPY CENTERA place of business that reproduces drawings, plans, maps, or other documents by means of blueprinting or photocopying.
CORRECTIONAL OR PENAL INSTITUTIONA facility, the primary purpose of which is to house or confine those held in lawful custody as a result of allegation, convictions, or adjudications of criminal or delinquent conduct.
COUNTYThe County of Berks, Commonwealth of Pennsylvania.
CREMATORIUMA building fitted with the proper appliances for the purposes of the cremation of human remains and includes everything incidental or ancillary thereto.
CULTURAL CENTERA building and/or land open to the public which contains exhibits of a cultural interest, such as a museum, nature study area, etc.
CURATIVE AMENDMENTA proposed zoning amendment made to the Board of Supervisors by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which he has an interest.
CUSTOMER SERVICE WINDOWAn opening on the exterior of a building through which the customers receive goods or services in exchange for monetary compensation.
DAY-CARE CENTERA facility where care is provided at any one time for seven or more children under the age of 12, where the child care area(s) are not being used as a family residence and where full-time adult supervision is provided.
DEMOLITIONThe dismantling, tearing down, removal or razing of the exterior of a building, in whole or in part, provided such changes do not alter the structural integrity of the building. This term shall not include changes to the interior of a building.
DEMOLITION BY NEGLECTThe absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building to a point that causes a need for major repair or may cause a need for total demolition of the structure.
DENSITYUnless otherwise stipulated in this chapter, the term "density" shall mean gross density which shall be determined by dividing the total number of dwelling units by the total amount of land in the tract to be developed minus all land within the ultimate right-of-way of existing and proposed streets.
DETACHEDA state of being surrounded on all sides by yards.
DISTILLERYA facility for the manufacture of distilled alcoholic beverages for wholesale with limited sales to the general public.
DISTRICT (or ZONING DISTRICT)A portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-INA business establishment so developed that its retail or service character is dependent upon providing an access drive approach or spaces for motor vehicles to service patrons while in or on the motor vehicle, rather than within a building.
DRIVE-THROUGHA feature of an establishment which encourages or permits customers to receive services or obtain goods while remaining in or on a motor vehicle.
DRIVE-THROUGH SERVICE UNITAn individual drive-through lane at a drive-through establishment, which may contain one or more components (such as menu boards, pay windows, pickup windows, etc.). When multiple vehicles are able to be served simultaneously, the number of units is equal to the number of simultaneously served vehicles.
DRIVEWAYA privately owned, constructed and maintained vehicular access from a street or access drive to a single dwelling unit or a nonresidential use that has three or less off-street parking spaces.
DWELLING UNITOne or more living or sleeping rooms together with separate cooking and sanitary facilities which are accessible from the outdoors, whether directly or through an entrance hall shared with other dwelling units and used or intended to be used by a single family.
DWELLINGA building designed or used as a living quarters for one or more families. The term "dwelling" shall not be deemed to include rooming house, tourist home, hotel, motel, hospital, nursing home, dormitory, fraternity, sorority house or other group residence. For purposes of this chapter, the following types of dwellings are defined:
A. SINGLE-FAMILY DETACHED DWELLINGA detached building arranged, designed and intended for occupancy exclusively by one family. The term "single-family detached dwelling" shall be deemed to include a factory-built modular home placed on a permanent perimeter foundation.
(1) MODULAR HOME DWELLING(Defined by the Pennsylvania Industrialized Housing Act/Act 70). Any structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on the building site; housing units defined as mobile homes are excluded from this definition.
MOBILE/MANUFACTURED HOMEA transportable, single-family detached dwelling designed so that it can be used for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation. Mobile/manufactured homes shall be constructed in accordance with the Safety Construction Standards of the U. S. Department of Housing and Urban Development. The term "mobile/manufactured home" shall not be deemed to include recreation vehicle" nor a "modular home" placed on a permanent perimeter foundation.
TWO-FAMILY SEMIDETACHED DWELLINGA building arranged, designed and intended for occupancy by two families living independent of each other in separate dwelling units which are entirely separated by vertical walls and which are unpierced except for access to the outside. This type of dwelling is commonly called a twin or a semidetached dwelling.
TWO-FAMILY DETACHED DWELLINGA building arranged, designed and intended for occupancy by two families living independently of each other in separate dwelling units that are separated primarily by horizontal floors as opposed to vertical walls. This type of dwelling is commonly called a "duplex."
MULTIPLE-FAMILY BUILDINGA building arranged, designed and intended for three or more dwelling units and which include the following housing types:
(1) GARDEN APARTMENTA multifamily building in which the individual dwelling units have entrances from common hallways. The building is on a lot which is held in single and separate ownership which has yards in common but which may also have other joint facilities and services.
SINGLE-FAMILY ATTACHED DWELLINGA dwelling unit within a building which has no more than six attached dwelling units (including the end units), unless otherwise permitted within a Mixed-Use Development. Each dwelling unit is arranged, designed, intended for and occupied exclusively by one family. Each dwelling unit may be separated by horizontal and vertical floors and fire resistance rated construction, and shall have at least one separate entrance. Each internal dwelling unit has no side yards and each end unit has one side yard. This definition includes most dwellings commonly referred to as "townhouses" including "stacked townhouses" and "row homes."
APARTMENTS ON UPPER LEVELSA building arranged, designed or intended for one or more dwelling units on the upper floor(s) where the ground or first floor is used solely for a permitted nonresidential use.
NOTE: Sketches that illustrate the types of dwelling units. |
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ELECTRONIC CHANGEABLE COPY SIGNA sign or portion thereof that displays electronic text information, static images, static graphics, static pictures, or any combination thereof, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixilization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic changeable copy signs do not include official or time and temperature signs. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or other objects.
ELECTRONIC NOTICENotice given by the Township 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.
EPAEnvironmental Protection Agency or such successor agency.
FACADEThe portion of any exterior elevation on a building extending from grade to the top of the parapet, wall or eaves and extending the entire length of a building on all sides.
FADEA mode of message or image transition on an electronic changeable copy sign accomplished by varying the light intensity, where the first message or image gradually reduces intensity to the point of not being legible and the subsequent message or image gradually increases in intensity to the point of legibility.
FAMILYOne or more persons related by blood, marriage, foster relationship or adoption (or a group of not more than three persons not related by blood, marriage or adoption) living together in a single dwelling and maintaining and functioning as a common household. The term "family" shall be deemed to include any domestic employees or gratuitous guests, but shall not include any roomer, boarder, or lodger. The term shall include such number of unrelated disabled persons who are residing together in a group home, in accordance with the provisions for group homes as provided herein.
FARM ANIMALSAnimals that are customarily kept only on a farm or where agricultural activities take place, including but not limited to horses, cattle, pigs, swine, sheep, goats, poultry, rabbits, or similar animals.
FARM PONDA man-made body of water at least 2,000 square feet in area used for agricultural or recreational purposes.
FENCEA man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a wall.
FLASHING SIGNA directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory burst and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. Illuminated signs which indicate the date, time, and/or temperature, or other similar information of general interest shall not be considered a flashing sign.
FLOODPLAIN AREAAs defined in Chapter
190, Floodplain Management, of the Code of the Township of Spring.
The total space of all floors, as measured to the outside surfaces of exterior walls (or from the center line of party walls separating two buildings), but excluding cellars, crawl spaces, garages, carports, attics without floors, open porches, balconies and terraces.
FLOOR AREA RATIO (FAR)The square footage of the total building area, divided by the total square footage of the lot area or tract size.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, transporting and selling trees for commercial purposes.
FREE-STANDING SIGNAn in-ground of surface-mounted sign which is constructed to be independent of all adjoining structures or which is supported or suspended from a free-standing column or other support located in or upon the ground surface.
FUEL STORAGE TANK FARMAn establishment primarily engaged in the bulk storage and distribution of petroleum, gasoline, fuel oil, gas or other similar inflammable products in fuel storage tanks.
FUNERAL HOMEA building designed for the purpose of furnishing funeral supplies and services to the public and includes facilities intended for the preparation of the dead human body for internment or cremation.
GAMINGThe activity or practice of playing at a game of chance for money or other stakes.
GEOTHERMAL ENERGY SYSTEM, ACCESSORYA sealed, watertight loop of pipe buried outside of a building foundation, intended to re-circulate a liquid solution through a heat exchanger. This includes, but is not limited to: vertical closed loop, horizontal closed loop and body of water closed loop.
GEOTHERMAL ENERGY SYSTEM, OPEN LOOPA geothermal energy system designed and constructed to pump groundwater to the heating and cooling equipment. The groundwater is then discharged into the ground, to the ground surface or to a body of water.
GLAREA situation created when illumination sources shine with visibly harsh, uncomfortably bright light which: causes discomfort; distracts attention; or leads to reduction or loss of visibility or visual performances (up to and including situations of blinding glare, as defined in the Illuminating Engineering Society of North America's current Lighting Handbook). These situations are typically caused by insufficiently shielded light sources, or high luminance (luminance that is sufficiently greater than the luminance to which the eyes are adapted).
GOVERNMENTAL FACILITIESMunicipal, County, State or Federal government buildings or facilities designed and intended to be occupied by the government or designed and intended for public use sponsored by such governments or its designee, but not including group homes.
GRADEA. The elevation of existing or finished ground or paving,
The slope of existing or finished ground or paving. See definition of "slope."
GREENHOUSE/NURSERY (RETAIL)The raising of trees (for transplanting), ornamentals, shrubs, flowers or houseplants for any commercial purpose.
GREENWAYAn open space conservation area that provides passive recreation opportunities and may have pedestrian and/or bicycle trails.
GROCERY STOREA retail establishment primarily engaged in selling a range of food and food-related products, including, but not limited to, fresh and packaged items, for consumption off site
GROUP HOMEA building occupied as a residence by more than three disabled residents who receive twenty-four-hour resident supervision, licensed under the applicable State program. Such use shall not include facilities occupied by those convicted of or being detained on criminal charges or adjudicated on charges of delinquency. The term "disabled," for the purposes of this definition and for some purpose of the definition of "family," as set forth above, shall mean those individuals with a "handicap" as defined in the Federal Fair Housing Act of 1988, as amended.
GUN CLUB or OUTDOOR TARGET RANGEA facility, not completely enclosed within a building, that is designed and constructed for the safe discharge of firearms and other projectile-type weapons (e.g., guns, rifles, pistols, air guns, archery cross-bows, etc.) by persons for the practice of marksmanship, recreation, competition, skill development, training, or any combination thereof. This definition shall not include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
HEALTH CLUBA private or public indoor facility utilized for recreational activities, including sports, exercise, and athletic contests, but not including athletic or other performances for viewing by more than 25 spectators at any one time. All activities relating to an adult business shall be prohibited within a health club.
HEAVY INDUSTRIAL USEA principal use that involves:
A. The production and processing of asphalt and asphalt products, bricks, cement and cement blocks, tar and other synthetic paving and masonry-like materials;
The production and processing of chemicals, dyes, solvents, fertilizers, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black, bone black, creosote, hydrogen, oxygen, pharmaceutical and industrial alcohol, nitrates, potash, plastic and synthetic resins, pyroxylin, rayon, and hydrochloric, nitric, picric and sulfuric acids;
The production, processing and/or distillation of gelatin, glue, soap, starch and other plant and animal by-products not associated with food processing;
The production and processing of linoleum, oil cloth, paint, varnish, turpentine, vinyl, rubber (natural and synthetic) and other similar materials;
The production and processing of glass and glass products;
A metal foundry, reduction, refinishing, smelting, alloying and/or refining operation;
The milling or processing of flour or grain;
Principal waste handling, processing, transfer and disposal facilities, including solid waste disposal areas or facilities;
Truck or motor freight terminals and truck stops;
The production and/or assembly of passenger vehicles and heavy equipment and manufactured homes; and,
The production of wood pulp and paper;
Any operation of assembly, conversion, distribution, manufacture, production, processing, storage, warehousing and/or wholesaling of goods, materials and products not otherwise listed in this chapter.
HEIGHT OF SIGNS OR OTHER STRUCTURESThe vertical distance measured from the grade at the front of the structure or sign to its highest point. The highest point in the case of a sign shall include the supporting structure.
HELIPORTAny area of land, water or a structural surface which is designed, used or intended to be used for the landing and takeoff of helicopters and any appurtenant areas which are designed to be used for helicopter support facilities such as maintenance, refueling and parking. All heliports shall be approved and shall meet all the applicable State and Federal regulations for their use.
A. PRIVATE USE HELIPORTAny heliport that restricts usage to the owner and/or operator or to persons authorized by the owner and/or operator.
PUBLIC USE HELIPORTAny heliport open to the general public and not requiring prior permission of the owner and/or operator to land.
HOLIDAY TREE SALESThe offering of holiday trees for sale to the public from a temporary structure or from a location out-of-doors where goods are not normally displayed as part of a permanent, ongoing retail establishment.
HOME OCCUPATIONAn accessory use which:
A. Is clearly incidental to the residential use of the dwelling unit.
Is carried on only within the dwelling unit.
HOME-RELATED BUSINESSAn accessory use which:
A. Is clearly incidental to the residential use of the dwelling unit.
Is not carried on within a dwelling unit, like a home occupation, but may be administered out of the dwelling unit.
HOSPITAL or MEDICAL CENTERAn institution providing physical or mental health services or medical or surgical care to the sick, handicapped or injured, including facilities for overnight accommodation of patients. This definition does not include an animal hospital.
HOSPITAL STAFF DORMITORYA structure providing residential accommodations (including cooking facilities) for employees or students of the hospital.
HOTEL (MOTEL)A building or group of buildings which contains six or more rental units for overnight lodging of travelers or for the temporary occupancy of transients, licensed under applicable laws.
IMPERVIOUS COVERAGEThe percentage of the total area of a lot, excluding area within all existing and future or ultimate street rights-of-way, that is covered by surfaces (such as bituminous paving) that has a runoff coefficient of 0.8 or greater and by buildings or other nonporous structures. In addition, areas covered by gravel or stone that are intended for vehicular movement or parking shall be considered to be impervious for the purposes of this chapter.
INDOOR SPORTS FACILITYFacilities for amateur or recreational uses that take place entirely within a wholly-enclosed building, including basketball, soccer, ice skating, ice hockey, roller skating, or similar uses.
INTERIOR SERVICE AND CONVENIENCE USESA use which is clearly incidental to the principal use of a building, and which is located within the same building and primarily serves the occupants of said building. Interior service and convenience uses include, but are not limited to, eating and drinking places, specialized retail food sales, barber/beauty shop, photocopy service, pharmacy, optician, day care/nursery, and fitness center.
JUNKAny and all discarded material or articles, including scrap metal, junk motor vehicles, glass, industrial waste, paper, abandoned machinery, equipment, containers, structures, used plumbing supplies and other used building materials.
JUNKYARDSA lot, land or structure or parts thereof used for the collection, storage, dismantling, salvage or sale of used and discarded materials, including, but not limited to, wastepaper, rags, scrap metal or other scrap, salvage or discarded material, vehicles or machinery. The deposit or storage of two or more unlicensed, wrecked or disabled vehicles shall be deemed to be a junkyard.
KENNELAny lot on which six or more adult (over six months of age) dogs or cats are kept at any one time. This use specifically does not include breeding of dogs and cats. Any such use shall fully comply with State Act 225 of 1982.
KITCHENAn area or room within a dwelling or structure containing kitchen facilities. All three amenities defined as kitchen facilities must be present for the area or room to be considered a kitchen.
KITCHEN FACILITIESAll the following shall be included: sink with piped water, a permanent cookstove and a refrigerator.
LANDOWNERThe owner of a legal or equitable interest in land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee (if he is authorized under the lease to exercise the right of the landowner), or other person having a proprietary interest in land.
LIGHT INDUSTRIAL USEA principal use that involves:
A. Bookbinding, printing, and publishing operations;
Laboratories for medical, scientific, or industrial research and development;
Machine, tool and die, and metal fabrication shops;
Shops, offices or equipment buildings for construction companies utilizing heavy and earthmoving equipment, or involving the outdoor storage of construction equipment or materials;
Manufacturing, packaging, storage and/or wholesaling of the following:
(1) Furniture, cabinets, plumbing, heating, air conditioning, ventilation and electrical fixtures, ceramic, stone, vinyl, fiberglass and linoleum tiles, carpets and rugs, windows, doors, insulation, ceiling and roofing tiles, household appliances, finished lumber and other household appointments;
Scientific, medical, optical, specialized, and technical instruments and equipment;
Audio visual components, computers, vending machines, electronic equipment, software and video games;
Office equipment, supplies, furnishings, and equipment;
Packaging materials, supplies and equipment;
Finished textile products;
Cosmetics, drugs, dyes, toiletries, perfumes and other pharmaceuticals;
Brushes, brooms, and combs;
Hot tubs, spas, saunas, and swimming pools;
Jewelry, and other precious or semi-precious metals and stones;
Photographic, lighting, and timekeeping equipment;
Hand tools, hardware, power tools and small engine equipment and vehicles including but not limited to lawn mowers, chainsaws, compressors, power washing equipment, motorcycles, and outboard boat motors;
Musical instruments, sporting equipment, bicycles and toys; and,
Small or novelty products from prepared materials.
Processing, packaging, bottling, storage and/or wholesaling of food products including breweries, wineries and distilleries, but excluding:
(2) Rendering or slaughtering operations; and
LOTA tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory building, including such open spaces as are arranged, designed or required. The term lot shall also mean parcel, plot, site or any similar term.
A. CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°.
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
FLAG LOT or KEYHOLE LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise land-locked interior parcel.
LOT AREAThe space contained within the lot lines, excluding space within all existing and future or ultimate street rights-of-way.
LOT DEPTHThe mean average horizontal distance between the front and the rear lot lines.
LOT LINESAny line dividing one lot from another.
A. FRONT LOT LINE (STREET LINE)A lot line separating the lot from a street right-of-way. The front lot line shall be the same as an existing or ultimate right-of-way line (whichever establishes a greater width).
REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three sided lot has no rear lot line.)
SIDE LOT LINEAny lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
LOT WIDTHThe horizontal distance between the side lot lines measured at the minimum front yard setback lines. (See §
450-405G, Exceptions to minimum lot areas and lot widths.) In no case shall the minimum street frontage be less than 1/2 of the required lot width:
Note: See Terms for Lot Requirements on Next Page. |
TERMS FOR LOT REQUIREMENTS |
For General Illustrative Purposes Only |
The luminous flux emitted per unit solid angle from a uniform point source whose luminous intensity is one candela.
MAILED NOTICENotice given by the Township 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.
MAINTENANCE AND REPAIRWork that does not alter the appearance or harm the stability of exterior features of a building.
MAJOR VEHICULAR or BOAT REPAIRSIncludes major mechanical and body/hull work, straightening of body parts, painting, welding/patching, storage of vehicles or boats not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in automobile service stations.
MEDICAL OFFICE or MEDICAL CLINICA place, building or portion of a building used exclusively by physicians, optometrists, chiropractors, dentists, physical therapists, massage therapists, or other drugless practitioners involving non-surgical treatment, care, examination and diagnosis, and preventative health services, including inoculation and educational services to outpatients. This definition includes blood donor stations and medical laboratories, or other facilities providing medical analysis services including the taking, analyzing and testing of physical samples and specimens for the diagnosis and treatment of patients. This definition does not include veterinarian offices.
MEMBERSHIP CLUBAn area of land or building owned, leased or occupied by an association of persons, operated solely for a recreational, social, religious, political or athletic purpose and whose activities are confined to the members and guests and are not extended to the general public. For the purposes of this chapter, the definition of "membership club" shall not include a tavern or restaurant unless a tavern or restaurant is also permitted in that district.
MICRO-BREWERY, MICRO-WINERY or MICRO-DISTILLERYA restaurant or tavern that includes facilities for the manufacture of fermented malt beverages, wine or distilled alcoholic beverages for on-site consumption by patrons or for retail sale for consumption off-site.
MICRO-WINERY, AGRICULTURALFacilities for the manufacture of wine for on-site consumption by patrons or for retail sale for consumption off-site, and located on the same property where the fruit used in the wine making activities is grown.
MINIATURE GOLF COURSEA commercial recreational use based upon golf that requires only a putter and is typically, but not necessarily, illuminated for night play.
MINOR AUTOMOBILE REPAIRS AND SERVICESIncludes:
A. Sale and servicing of spark plugs, batteries and distributors and distributor parts.
Tire servicing and repair, but not recapping or regrooving.
Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like.
Radiator cleaning and flushing.
Washing and polishing and sale of automotive washing and polishing materials.
Greasing and lubrication.
Providing and repairing fuel pumps, oil filters and lines.
Minor servicing and repair of carburetors.
Emergency electrical repairs.
Adjusting and repairing brakes.
Minor motor adjustment not involving removal of the head or crankcase or racing the motor.
Mini grocery store with sales of packaged foods, beverages, tobacco and similar convenience goods for filling station customers, as accessory to principal operation.
Provision of street maps and other informational material to customers, provision of rest room facilities.
Safety and emission inspections.
MIXED-USE DEVELOPMENTA development consisting of one or more lots established as a cohesive project and designed with a blend of various compatible uses such as commercial, residential, institutional and open space. The uses may be located in the same building or in separate buildings.
MOBILE/MANUFACTURED HOME PARKA parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient residential use.
MULTI-VISION SIGNA sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that produces a different image and when functioning properly allows on a single sign structure the display at any given time of one of two or more images.
MULTIFAMILYIncludes the following dwelling types: single-family attached dwellings and garden apartment dwellings. These are described under "dwelling types."
MULTIPLE-USE BUILDINGA building for two or more principal uses that are either permitted by right or by condition in the zoning district where this chapter permits a multiple-use building.
NIGHTCLUBA type of tavern that offers the sale of liquor in conjunction with live entertainment and/or dancing.
NITSA photometric unit defined as cd/m2 (candelas per square meter).
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.
NONCONFORMING LOTA lot which does not meet 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 is legally established through the granting of a variance by the Board.
NONCONFORMING STRUCTURE or BUILDINGA structure or building, or part thereof, which does not meet the applicable provisions or requirements of the district in which it is located, either at the time of enactment of this chapter or as a result of subsequent amendments thereto, where such building or structure lawfully existed prior to the enactment of such ordinance or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA building, structure, sign or use of land which does not conform to the applicable regulations of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto, but which did not violate any applicable use regulations prior to the enactment of such ordinance or amendments. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces.
NUISANCEThe unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person in the legitimate enjoyment of his reasonable rights of person or property.
OFF-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business located or offered elsewhere than upon the premises where the sign is located, or to which it is affixed.
OFF-STREET PARKING SETBACKThe distance that any paved area is required to be set back from the existing street right-of-way line. This shall not apply to driveways, sidewalks or curbs.
OFF-TRACK BETTING PARLORA commercial use where persons can wager upon, and observe by remote television, the outcomes of events that are taking place elsewhere.
OFFICEA use that involves administrative, clerical, financial, governmental and professional operations and operations of a similar character. This use shall not include retail or industrial uses. The use shall not include a medical office or clinic, a medical laboratory, a veterinarian office or an animal hospital.
OFFICIAL MAPThe Official Map as adopted or amended by the Board of Supervisors in accordance with Act 247, as amended.
OFFICIAL ZONING MAPThe map as adopted or amended by the Board of Supervisors which designates the location and boundaries of zoning districts.
ON-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed.
OPEN AIR RETAILBuildings or open areas in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various individuals for the selling of homemade, homegrown, homecrafted, old, new or antique retail goods. This definition would include a "flea market."
OPEN SPACEThe area of a lot unoccupied by principal or accessory structures, streets, driveways or parking areas, but includes areas occupied by walkways, patios, porches without roofs, playgrounds, outdoor recreation or play apparatus, gardens or trees.
OPEN SPACE DEVELOPMENTA development design option which allows the minimum lot area and yard requirements to be reduced so that buildings and lots can be grouped together in a more efficient and environmental sensitive configuration, provided that the remaining area is set aside and preserved as common open space in compliance with the regulations contained in §
450-901 (Appendix A).
A parcel or parcels of land, or an area of water or a combination of land and water within a development site which is open space designed and intended for the use or enjoyment of residents of a development or the Township.
ORCHARDThe raising and keeping of tree crops for any commercial purpose.
ORDINANCEThe "Spring Township Zoning Ordinance," including the Official Zoning Map, official street classification map and any amendments enacted by the Board of Supervisors.
OUTDOOR WOOD-FIRED BOILERA fuel-burning device, also known as an outdoor wood-fired furnace, outdoor wood-burning appliance or outdoor hydronic heater, designed:
A. To burn clean wood or other approved solid fuels;
By the manufacturer specifically for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals (e.g., garages); and,
To heat building space and/or water via distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.
PADEPThe Commonwealth of Pennsylvania Department of Environmental Protection.
PARALLEL SIGNA sign which is attached to or is part of the facade of a building and does not extend more than one foot from such facade.
PARALLEL SIGN, GROSS SURFACE AREA OFThe entire area within a single continuous perimeter composed of rectangles which enclose the extreme limits of the emblems and/or design together with any frame or background which is used to differentiate such sign from the wall against which it is placed.
A. If a parallel sign is comprised of emblems, designs, words or numerals with separate background or frames, the intervening air space between the background frames shall not be included in the sign area calculations.
Where a sign consists only of individual letters, monograms, numerals, symbols or similar components and is painted on or attached flat onto the wall of a building, and where such individual components are without integrated background definition and are not within a circumscribed frame area. The total area of the sign shall be the sum of the areas of the squares or rectangles surrounding each individual sign component.
PARENT TRACTA lawful lot of record, that is held in single ownership as of the date of adoption of this chapter, according to the Office of Recorder of Deeds of Berks County.
PARKING FACILITIESOutdoor areas or specially designed buildings or garages used for the storage of vehicles.
PATIENT HOSTELA residential facility for the sole use of patients of a hospital or medical center and their immediate families. The facility may include a shared dining facility which is restricted to use by the hostel occupants.
PEDESTRIAN MALLAn open space area of street-like proportions given over entirely to pedestrian traffic, where the need for a vehicular right-of-way is minimal and vehicular traffic can be routed elsewhere.
PERMANENTHaving a life span of six months or more at a particular location.
PERMITA document issued by the appropriate Township authority authorizing the applicant to undertake certain activities.
A. BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Township which authorizes an applicant to commence with said construction, alteration or reconstruction.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land or reoccupancy of a structure or land indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with this chapter which authorizes an applicant to proceed with said use, building or structure.
PERMITTED BY RIGHT USEA use which does not require zoning approval by the Board or by the Board of Supervisors before a zoning permit is granted by the Zoning Officer, although a site plan review is required for many uses under this chapter.
PERSONAn individual, partnership, organization, association, trust or corporation. When used in a penalty provision, "person" shall include the members of such partnership, the trustees of such trust and the officers of such organization, association or corporation.
PERSONAL SERVICEAn establishment that provides a service oriented to personal needs which does not involve primarily retail sales of goods or professional advisory services. Personal services include barber and beauty shops, tanning salons, shoe repair shops, household appliance repair shops, laundromats, laundry and dry cleaning shops (but not laundry or dry cleaning plants), tailor and seamstress shops, and other similar establishments.
PHASE 1 OUTDOOR WOOD-FIRED BOILERAn outdoor wood-fired boiler that has been certified or qualified by the EPA's meeting a particulate matter emission limit of 0.60 pounds particulates per million British Thermal Unit output and is labeled accordingly. Phase 1 outdoor wood-fired boiler models will be identified with an orange hang tag.
PHASE 2 OUTDOOR WOOD-FIRED BOILERAn outdoor wood-fired boiler that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds particulates per million British Thermal Units output and is labeled accordingly. Phase 2 outdoor wood-fired boiler models will be identified with a white hang tag.
PLACE OF WORSHIPBuildings, synagogues, churches and shrines used principally for religious and/or spiritual worship. Such facilities may include religious education, social and day care facilities provided that such facilities are clearly accessory uses and not a principal use.
PLANNED BUSINESS DEVELOPMENTA development containing one or more of a variety of specified nonresidential uses and approved by the Board of Supervisors as a Conditional Use complying with specified standards within the Planned Highway Interchange District (PHI).
PLANNED RESIDENTIAL DEVELOPMENT (PRD)An area of land controlled by a single landowner, to be developed as a single entity for a number of dwelling units in a variety of housing types, and which has a development plan that does not comply with regulations on lot size, bulk or type of dwelling, density, lot coverage or required open space and which further complies with §
307-6 and all other applicable provisions of Chapter
307, Planned Residential Development, of the Code of the Township of Spring.
An open space that may be landscaped, or paved, typically surrounded by buildings or streets and used for passive recreation and relaxation. A plaza shall be designed as an area where people can gather and special events can be held. A plaza shall contain a defined central element such as a fountain, sculpture, gazebo or pond and other amenities such as public art, shade trees, trash containers, benches, decorative pedestrian lights and other similar features.
PORTABLE SIGNA sign designed to be transported, including but not limited to signs transported by wheels, signs converted to A-frames, menu or sandwich board signs, balloons used as signs, and signs attached to or painted on vehicles that are parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of a business.
PRINCIPAL USEThe single dominant use or single main use on a lot.
PROJECTING SIGNA sign which is attached to the facade of a building and extends more than one foot, but not more than six feet, from such facade.
PUBLIC NOTICENotice required by Act 247, the Pennsylvania Municipality Planning Code. Currently Act 247 requires notice to be given not more than 30 days and not less than seven days in advance of any public hearing required by this chapter. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
RADIO/TV TRANSMITTERAny structure used for the transmission or retransmission of a commercial radio or television broadcast signal.
RECREATIONThree types of recreation are classified for this chapter:
A. NON-MUNICIPAL INDOOR RECREATIONThis includes recreation uses that do not meet the definition of municipal recreation and that are primarily within a building. This includes uses owned by commercial ventures or by nonprofit organizations. This includes indoor miniature golf, bowling alleys, indoor swimming clubs, indoor tennis clubs, racquetball clubs, dance studios, health clubs, exercise clubs and closely similar uses. This definition does not include amusement establishments, civic or social organizations, membership clubs, community centers, theaters, auditoriums, indoor sports facilities or off-track betting parlors.
NON-MUNICIPAL OUTDOOR RECREATIONThis includes recreation uses that do not meet the definition of municipal recreation and that are primarily conducted outside of a building. This includes uses owned by commercial ventures or by nonprofit organizations. This includes golf courses, chip and putt courses, picnic groves, wildlife sanctuaries and closely similar uses. This definition does not include automobile or horse race tracks, camps or campgrounds, civic or social organizations, membership clubs, gun clubs, outdoor target ranges, swimming clubs, tennis clubs, stadiums or commercial stables.
MUNICIPAL RECREATIONThis includes indoor or outdoor and active or passive recreation facilities that are owned by a Federal, State, County or Township agency for recreation purposes. A fee may be charged for admittance and such facilities may be operated by a private contractor. This shall include publicly owned parks, golf courses, community centers, playgrounds and swimming pools.
RECREATIONAL VEHICLEA vehicle (regardless of size) which is designed as a temporary dwelling for travel, recreational and vacation uses (regardless of whether it is self-propelled or is designed to be towed or carried by another vehicle). "Recreation vehicle" includes campers, pickup coaches, travel trailers, motor homes or vans designed principally for recreational use.
RESIDENTIAL DISTRICTThis includes the following zoning districts: Rural/Suburban, Low Density Suburban, Moderate Density Suburban, Suburban/Semiurban and the Urban Districts.
RESTAURANTFour types of restaurants are classified for this chapter:
A. FAST FOOD RESTAURANT WITH DRIVE-THROUGH SERVICEA fast food restaurant as defined below that also provides service to customers remaining seated in automobiles, either through an exterior window or service area or through serve to parked automobiles.
FOOD STANDA fast food restaurant as defined below, but with no inside seating facilities. This shall include a snack bar or ice cream stand.
RESTAURANT, FAST FOODAn establishment that principally sells food, frozen desserts and nonalcoholic beverages in a ready-to-consume state primarily in disposable containers, in bags or on trays. The customer primarily orders and receives the food at an inside counter or outdoor walk-up window without the assistance of a waiter or waitress. A cafeteria-style restaurant shall be considered a standard restaurant.
RESTAURANT, STANDARDA restaurant that does not meet the definition of a fast food restaurant or food stand. This includes restaurants where the majority of the food is consumed within the restaurant at tables. A restaurant where the total sale of alcoholic beverages exceeds of the total sale of food shall be considered a tavern and shall comply with the provisions for such use.
RETAIL STOREA building in which retail merchandise is sold or rented, including a furniture store, a gift shop, a grocery store, office equipment sales, musical instrument sales and an establishment for the sale of automobile accessories. This shall not include an adult business use.
RETAINING WALLFor the purposes of this chapter, a retaining wall shall be defined as any wall designed and constructed to resist the lateral pressure of soil when there is a desired change in the ground elevation exceeding 24 inches in height. A foundation wall supporting an approved building or similar structure shall not be defined as a retaining wall.
RETIREMENT COMMUNITYA development consisting of a building or group of buildings designed and used specifically for the residence and care of elderly and disabled persons.
RIGHT-OF-WAYLand reserved for the public or others for use as a street or other purpose.
RIGHT-OF-WAY LINEThe line that separates the street right-of-way from the lot. In cases where an area has been required to be reserved for future dedication as an ultimate right-of-way, this ultimate right-of-way shall be used as the basis for all building setbacks.
RIGHT-OF-WAY, ULTIMATELand reserved for the public or others for future use as a street or other purposes. The ultimate right-of-way line is usually wider than the official legal existing right-of-way that is currently owned by the Township or PennDOT.
RIPARIAN BUFFERA strip of land adjacent to any stream or watercourse, within which woodland disturbances or land disturbances are limited.
SANITARY FACILITIESAll of the following facilities having piped water: sink, a toilet and a bathtub or shower.
SCREENA fence or natural obstruction of sufficient height (but not less than six feet high) to effectively visually obscure the area being screened from adjoining areas.
SELF-STORAGE FACILITYA building or group of buildings divided into individual separate access units which are rented or leased forth storage of personal property.
SEMIDETACHED COMMERCIAL BUILDINGA building arranged, designed and intended for occupancy by two nonresidential uses which are independent of each other and are entirely separated by vertical walls and which are unpierced except for access to the outside. One or both sides of such building may also be occupied as a residential dwelling.
SETBACKSee "building line" and "off-street parking setback."
SEWAGE DISPOSAL SYSTEMA system designed to collect, treat and dispose of sewage from users in compliance with regulations of the appropriate State agency and of the Township.
B. ON-LOT SEWAGE DISPOSAL SYSTEMA sewage disposal system which collects, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot.
SHOPPING CENTERA group of retail stores and commercial establishments built on a site that is planned, developed, owned and managed as a single operating unit related in location, size and type of shops and distinguished from a commercial area comprised of unrelated individual uses.
SIGNAny object, device display, or structure that is used to advertise, identify, display, direct, or attract attention, including structural elements bases, sign faces, trim and borders.
SIGN, GROSS SURFACE AREA OFThe entire area within a single continuous perimeter composed of rectangles enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of the sign. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. More descriptive definitions are provided for freestanding and parallel signs.
SIGN, OFFICIALA sign placed by a governmental unit, such as a traffic, directional, informational or street name sign or an historical marker.
SINGLE-FAMILY DETACHED DWELLING IN COMBINATION WITH A COMMERCIAL ACTIVITYThe utilization of a lot, tract or parcel of land for a single-family detached dwelling and a commercial principal use permitted by right, by condition or by special exception in a Zoning District where this chapter permits a single-family detached dwelling in combination with a commercial activity.
SITE ALTERATIONIncludes regrading the existing topography, filling lakes, ponds, marshes or floodplains, clearing vegetation or altering watercourses.
SLOPEThe rate of vertical change of ground surface expressed as a percentage and determined by dividing the vertical distance by the horizontal distance.
SOLAR ACCESSThe capability of receiving direct sunlight between 9:00 a.m. and 3:00 p.m. (solar time) on any area of a lot not within required yard areas.
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.
A. SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
SOLAR PANELThat part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLAR RELATED EQUIPMENTItems including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for collection of solar energy.
SOLID WASTE DISPOSAL AREA OR FACILITYA place including, but not limited to, a sanitary landfill where garbage, trash or junk is disposed of or is processed or recycled for disposal or reuse. Such use shall not include the disposal or processing of hazardous or radioactive materials.
SPECIAL EXCEPTION USEA use for which the 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.
SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIESHuman male genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region or female breast.
STACKING SPACE, OFF-STREETAn area, separate from or in addition to the required parking area, reserved for the temporary retention of vehicles which are queuing up or utilizing the services of a drive-through service unit.
STORY (and HALF-STORY)That portion of a building, included between the surface of any floor and the ceiling next above it, having a vertical distance of not less than seven feet shall be considered a full story. Any such portion of a building having a vertical distance of less than seven feet shall be considered a half-story. Basements shall be considered full stories while cellars shall not be considered as being stories or half-stories.
STREETA public or private thoroughfare which affords the principal means of access to abutting property and contains a right-of-way area (in addition to the cartway), including avenue, place, way, parkway, lane, boulevard, highway, road and any other thoroughfare except an alley, access drive or driveway. The official street classification map in this chapter shall be used to define each street by its function.
A. ARTERIAL STREETStreets designed primarily to carry medium to heavy volumes of traffic at moderately high speeds and generally should not provide access to land which would interfere with their primary traffic functions.
COLLECTOR STREETStreets designed to carry a moderate volume of traffic between local streets and arterials at moderate speeds and provide only limited vehicular access to the abutting properties.
EXPRESSWAYA high-speed street with access available only using ramps at interchanges.
LOCAL STREETStreets designed to provide direct access from abutting properties to collector and arterial streets.
STRUCTURAL ALTERATIONAny change in the structural parts of a structure such as walls, columns, beams, girders, floors, roof or ceiling or any addition to any structure; or the moving of a structure from one location to another. "Structural alteration" does not include normal maintenance, minor repairs or interior alterations.
STRUCTUREAny man-made object having an ascertainable, stationary location on or in land or water, whether or not affixed to the land or something located on the land. The term "structure" shall include: buildings, signs, fences, walls, towers, swimming pools, porches, garages and similar structure. "Structure" shall be interpreted as including the words "or part thereof."
SUBTERRANEAN BUILDINGA building covered by land on at least 50% of the total surface of its walls and roof.
SWIMMING CLUBAn area containing a swimming pool which is used by the public or by members for a fee.
SWIMMING POOLA body of water or receptacle for water having a depth at any point greater than 24 inches which is primarily used or intended to be used for swimming or bathing.
TAVERN or BARA building or part thereof where, in consideration for payment therefore, liquor, beer or wine or any combination thereof are served for consumption on the premises, with or without food. A restaurant where the total sale of alcoholic beverages exceeds the total sale of food shall be considered a tavern.
TEMPORARY RETAIL SALESThe offering of goods for sale to the public from a temporary structure or from a location out-of-doors where goods are not normally displayed as part of a permanent, ongoing retail establishment. Examples of temporary retail sales include the selling of flowers before and on holidays such as Mother's Day and the sale of fireworks on July 4. This term does not include holiday tree sales.
TEMPORARY SIGNA sign which is not permanently mounted or affixed to the ground, building, or display window and which is displayed for a specific period of time.
TOWNHOUSESee "dwelling types, single-family attached dwelling."
TOWNSHIPThe Township of Spring, Berks County, Pennsylvania.
TRACT SIZEFor the purposes of regulating the minimum land area of certain types of development, the tract size is the amount of land area that the applicant presently owns or has an option to purchase. The Township may allow land controlled by more than one applicant to qualify as a tract if there is clear evidence of a commitment to very closely coordinate the development of their lands. To be considered a tract, land must be proposed to be developed in a well laid out, coordinated and comprehensive manner, especially in terms of traffic access and internal circulation.
TRAILERSee "mobile home" (listed under "dwelling") and "recreation vehicle."
TRANSITIONA visual effect used on an electronic changeable copy sign to change from one message or image to another.
TREATMENT CENTERA use involving any of the following:
A. A use (other than a prison or a hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:
(1) Criminal rehabilitation, such as a criminal halfway house;
Current addiction to a controlled substance that was used in an illegal manner or alcohol; and/or
A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.
A use that otherwise would meet the definition of a group home but that exceeds the number of residents allowed by this chapter within a group home shall be regulated as a treatment center, unless otherwise approved under §
450-805B(5) of this chapter.
A nonresidential use that involves distribution of methadone, other than a hospital.
TREE FARM (CROP)The raising and harvesting of trees for commercial purposes that were specifically planted for that purpose. This shall include a Christmas tree farm. See also the definition of "forestry."
USEThe specific purpose for which land, sign, structure or building is designed, arranged, intended or for which it may be occupied or maintained, or any activity, occupation, business or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
V-TYPE SIGNA structure or structures with two or three given sign faces, forming the shape of the letter "V" or a triangle when viewed from above, with an angle between any two faces of not more than 90°.
VARIANCEThe granting of permission by the Board to use or alter land or structures which requires a variation from the strict application of a requirement of this chapter. A variance shall only be granted if the situation complies with State Act 247 of 1968, as amended, especially 53 P.S. §
10910.2, Zoning Hearing Board's Functions; Variances.
A facility devoted to the washing and waxing of the exterior of vehicles and the cleaning of their interiors by automated equipment and employees of the establishment where minor preventive maintenance to the vehicles shall be offered and performed, including specifically oil and filter changes, brake replacement, headlamp and other light bulb replacement, replacements of belts, supplying fluids used by the vehicles and other similar preventive maintenance not involving body work and/or major repairs. Customer lounges with customer services shall be permitted at the facility. Sale of gasoline and other fuels shall not be permitted at the facility.
VIDEO DISPLAY SIGNA sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects.
WALL SIGNA sign which is attached parallel to a building wall with the face of said sign extending no more than 12 inches from the face of the wall.
WAREHOUSE and WHOLESALE TRADEA building or group of buildings primarily used for the commercial storage, transfer and distribution of products and materials.
WATER SUPPLY SYSTEMA system designed to transmit water from a source to users, in compliance with the requirements of the appropriate State agencies and the Township.
WATERCOURSEA channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WETLANDAny area meeting the official wetland definition of the U.S. Army Corps of Engineers or the PADEP, as amended. In the event that the definition of a wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the PADEP, the more restrictive definition shall apply.
WETLAND BUFFERA strip of land at least 35 feet in width, adjacent to any jurisdictional wetland, within which removal of vegetation, earth moving activities, structures, and impervious surfaces are limited.
WILDLIFE SANCTUARYIncludes nature center, outdoor education laboratory, woodland preserve or arboretum.
WINDOW SIGNA sign affixed to or visible through a window from the exterior of a building.
WIND TURBINEA component of a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower and pad, if any.
WINERYAn agricultural processing facility used for the commercial purpose of processing grapes, other fruit products, or vegetables to produce wine or similar alcoholic beverages, which may include limited retail sales of such products.
WOODLANDA tree mass or plant community in which tree species are dominant or co-dominant, and the branches of the trees form a complete, or nearly complete, aerial canopy. For the purposes of this chapter, the extent of any woodland plant community, or any part thereof, shall be measured from the outer-most drip line of all the trees within the community. Woodland shall include any area where timber has been harvested within the previous three years, and/or woodland disturbance has occurred within the previous three years, which would have met the definition of woodland prior to timbering or disturbance. Woodlands do not include orchards.
WOODLAND DISTURBANCEAny activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species as well as removal of humus or duff from the ground. Woodland disturbance includes any land disturbance within a woodland or hedgerow.
YARDAn open space on the same lot with a structure (or a group of structures) which lies between the structure (or a group of structures) and a lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted.
A. FRONT YARDA yard extending the full width of the lot between a structure and the front lot line. On lots abutting more than one street other than an alley, the front yard requirements shall apply fronting each street, unless otherwise specified in this chapter.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
(1) A yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
The following graphic provides an illustrative example of different types of yards:
ZONING OFFICERThe administrative officer charged with the duty of enforcing the provisions of this chapter.
