The following rules of construction shall apply to this chapter:
A.Â
For the purpose of this chapter, certain terms and words are herein
defined. Whenever used in this chapter, they shall have the meaning
indicated in this article, except where there is indicated in context
different meaning.
B.Â
The particular shall control the general.
C.Â
The words "shall" and "must" are mandatory and not discretionary.
The word "may" is permissive.
D.Â
Words used in the present sense shall include the future; words used
in the singular number shall include the plural, and the plural the
singular, unless the context clearly indicates the contrary.
E.Â
The phrase "used for" includes "arranged for," "designed for," "intended
for," and/or "occupied for."
F.Â
The word "person" includes "individual," "profit or nonprofit organization,"
"partnership," "company," unincorporated association," "corporation,"
or other similar entities.
A.Â
Terms, phrases, words not defined. When terms, phrases, or words
are not defined, they shall have the meaning as defined in The Complete
Illustrated Book of Development Definitions (Moskowitz, Lindbloom,
Listokin, Preiss, and Merriam, Transaction Publishers, New Brunswick,
NJ, 4th edition, 2015, ISBN: 978-1-4128-5504-) or the latest edition
thereof, or if not defined therein, they shall have their ordinarily
accepted meanings or such as the context may imply.
For the purpose of this chapter, the following words, terms
and phrases have the meaning herein indicated:
To desert, surrender, forsake, or cede. To relinquish or
give up with intent of never again resuming one's right or interest.
To give up or cease to use. To give up absolutely; to forsake entirely;
to renounce utterly; to relinquish all connection with or concern
in; to desert. It includes the intention and also the external act
by which it is carried into effect.
See "domestic violence shelter."
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See "adjacent."
One combined entrance/exit or one clearly defined entrance,
or one clearly defined entrance separated from another clearly defined
exit. 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.
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, detached carport,
a household swimming pool, 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.
A use or structure customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building.
An extension or increase in floor area or height of a building
or structure. See also "alteration" and "repair."
Two or more lots that share a common lot line.
See "tract area, adjusted;" "lot area, gross;" and "lot area,
minimum required."
Any of the following:
A use of a building or land for a business which has obscene
materials as a substantial or significant portion of its stock-in-trade.
Any nightclub, bar, restaurant, arcade, theater, or any other
establishment that conducts live performances as a principal part
of its business that are characterized by the exposure of specified
anatomical areas or by specified sexual activities, or films, motion
pictures, video cassettes, slides, or other photographic reproductions
in which a substantial portion of the total presentation time is devoted
to the showing of material that is characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas, or where any specified sexual activities are conducted
for economic gain or any other form of consideration.
Any of the following as defined in this Article III:
Additional definitions associated with "adult business" include:
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. Considered an adult business for regulation by this chapter.
A commercial establishment which, as one of its principal business
purposes or as a substantial part of its business, offers for sale
or rental for any form of consideration, any one or more of the following:
(The term "adult bookstore" shall include, but not be limited to,
an adult video store, and all such uses shall be considered an adult
business for regulation by this chapter.)
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video, or video reproductions, slides or other
visual representations which depict or describe specified sexual activities
or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore or adult video store.
Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult bookstore or adult
video store so long as one of its principal business purposes is the
offering for sale or rental for consideration the specified materials
which depict or describe specified sexual activities or specified
anatomical areas.
ADULT LIVE ENTERTAINMENT USE OR FACILITYA commercial use (including, but not limited to, a use selling food or beverages) including live entertainment involving: (Considered an adult business for regulation by this chapter.)
Persons (which may include, but is not limited to, waiters,
waitresses, dancers, clerks, bartenders, contractors or others) appearing
in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or simulated or actual specified sexual
activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTELA hotel, motel or similar commercial establishment which: (Considered an adult business for regulation by this chapter.)
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
Offers sleeping rooms for rent three or more times in one calendar
day.
ADULT MOTION PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Considered an adult business for regulation by this chapter.
ADULT THEATERA theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas. Considered an adult business for regulation by this chapter.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association or establishment which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. Considered an adult business for regulation by this chapter.
MASSAGEPressing, squeezing, stretching, or stimulating the face, scalp, neck, limbs, or other parts of the human body with or without cosmetic preparation, either by hand, or with mechanical or electrical appliances.
MASSAGE PARLORA person or business association or establishment which furnishes, offers to furnish or advertises to furnish as one of its primary business purposes for a fee, tip or other consideration, a massage which involves the exposure of any specified anatomical areas. Considered an adult business for regulation by this chapter. (See also "massage facility, therapeutic")
NUDE MODEL STUDIOAny place, which is not exempted, where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Considered an adult business for regulation by this chapter.
NUDITY or A STATE OF NUDITYThe showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering or any portion thereof below the top of the areola.
OBSCENE MATERIALSAny literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter which depicts or describes, any specified sexual activities and/or specified anatomical areas.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude. Considered an adult business for regulation by this chapter.
SPECIFIED ANATOMICAL AREASAny of the following:
SPECIFIED SEXUAL ACTIVITIESAny of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy.
Masturbation, actual or simulated.
Excretory functions as part of or in connection with any of
the activities set forth in (a), (b) and (c) above.
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
Any person other than the owner who, acting for the owner,
submits an application for the purpose of obtaining approval in accordance
with this chapter.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural (woodland)
and aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry. It includes necessary structures within
the limits of the parcel and the storage of equipment necessary for
production. It excludes agricultural products processing operations;
riding academies, livery or boarding stables and dog or other animal
kennels.
An industry that involves the processing of raw agricultural
products; and transforming those products into a more refined, prepared
or marketable state. Includes, but is not limited to, such uses as
sawmills, wood pellet production, firewood cutting and sales, wood
chipping operations, tanneries, dairies and food canning and freezing
operations.
Any activity carried out on a working agricultural operation
such as a farm, orchard or vineyard that allows members of the general
public, for recreational, entertainment, or educational purposes,
to view or enjoy rural activities directly related to or part of the
agricultural operation, including farming, wineries, historical, cultural,
harvest-your-own activities, or natural activities and attractions.
An activity is an agritourism activity whether or not the participant
paid to participate in the activity.
A tract of land, with or without buildings, where airplanes,
jets, helicopters and/or any other type of aircraft land and take
off.
A right-of-way, privately or publicly owned, primarily for
service access to the rear or sides of properties.
Any construction or renovation to an existing structure other
than an addition or a repair. See also "addition" and "repair."
A change in the regulations or district boundaries or classifications
of property established by this chapter and according to procedures
provided by law and exercised by the Board of Supervisors. (See also
"curative amendment" and "curative amendment, municipal.")
A building or part of a building in which pinball machines,
video games, or other similar player-operated amusement devices are
maintained, excluding the use of such devices accessory to a resort
or less than five such devices accessory to any lawful principal use.
A commercially operated park or facility with various devices
for entertainment primarily including, but not limited to, rides (e.g.,
roller coasters, water slides, fun houses, ferris wheels), games,
electronic games and similar devices, food stands and other associated
facilities.
See "veterinary clinic."
The raising and keeping of livestock, small animals and fowl
and/or fur bearing animals with the intent of producing capital gain
or profit or with the intent of selling any livestock and/or poultry
products.
The raising and keeping of livestock and/or small animals
and fowl for personal satisfaction or consumption and with no intent
of producing capital gain or profit or with no the intent of selling
any livestock and/or poultry products.
See "kennel."
A facility used to house or contain stray, homeless abandoned,
or unwanted animals and that is owned, operated, or maintained by
a public body, established humane society, animal welfare society
(such as the Society for the Prevention of Cruelty to Animals), other
nonprofit organization or person devoted to the welfare, protection
and humane treatment of animals.
A device, partially or wholly exterior to a building, that
is used for receiving television or radio signals for use on-site,
or for transmitting short-wave or citizens band radio signals.
See "dwelling, apartment unit."
A means for obtaining review of a decision, determination,
order, or failure to act pursuant to the terms of this chapter as
expressly authorized by the provisions of Article XII.
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other entity acting
as a unit, and his/her/its heirs, successors and assigns, which is
seeking an approval or permit pursuant to this chapter.
Any application required to be filed for approval in accord
with the requirements of this chapter.
Any fully enclosed building used for shooting of arrows for
recreational or training purposes. Any such commercial operation,
any such area operated by any private, nonprofit entity, any community
association, any such area operated by any sportsman's, recreation
or fraternal club or association with 25 or more members, and any
such area which is used or is intended to be used for more than five
hours in any one week shall be considered an indoor archery range
for the purposes of this chapter. Considered a "recreation facility,
commercial" for regulation by this chapter.
Any area not within a fully enclosed building used for the
shooting of arrows for recreational or training purposes which is
a commercial operation, or which is operated by any government entity,
private nonprofit entity, or any sportsman's, recreation or fraternal
club or association.
See "lot area."
An establishment or work space for the creation, manufacture,
and/or preparation of individually crafted art work, jewelry, furniture,
sculpture, pottery, art photography, leather craft, hand-woven articles,
and related items; it may also include the sale, loan, or display
of such items.
Coordinated and centrally managed rental housing including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older, persons with physical handicaps and/or
the developmentally disabled. Assisted living facilities shall be
licensed as personal care centers by the Commonwealth of Pennsylvania.
Nonliving space in or above a dwelling unheated with head
space of less than 6.5 feet.
A place where objects of art, furniture, and other goods
are offered for sale to persons who bid on the object in competition
with each other.
A secondary covering attached to the exterior wall of a building,
typically composed of canvas, woven of acrylic, cotton or polyester
yarn, or vinyl laminated to polyester fabric that is stretched tightly
over a light structure of aluminum, iron or steel, located above a
window, door, or above the area along a sidewalk.
An establishment for the custody, loan, exchange or issue
of money, for the extension of credit, and for facilitating the transmission
of funds.
An enclosed floor area partly or wholly below the finished
grade with at least 1/2 of its floor-to-finished height above the
average level of the adjoining finished grade, and with a floor-to-ceiling
height of not less than 6.5 feet. A basement shall be counted as a
story for the purpose of the building height measurement if the vertical
distance between the ceiling and the average level of the adjoining
ground is more than five feet. See "cellar."
An owner- or operator-occupied single-family dwelling in
which transient visitors to the area are lodged for compensation,
meals for lodging guests may or may not be included, and no cooking
facilities are provided in any rental room.
An establishment with the principal use of playing cue sports
such as pool, snooker or carom billiard. Considered a "recreation
facility, commercial" for regulation by this chapter.
An operation which combines asphalt or bituminous materials
and aggregates and heat to manufacture a bituminous seal coat or bituminous
concrete product. Considered "industry" for regulation by this chapter.
A tract of land, a lot or groups of lots, bounded by streets,
public parks, water courses, municipal boundary lines, unsubdivided
land or by any combination of the above.
The Board of Supervisors of Kidder Township, Carbon County,
Pennsylvania.
A residential use in which:
A room or rooms not meeting the definition of a lawful dwelling
unit are rented for habitation; or,
A dwelling unit includes greater than the permitted maximum
number of unrelated persons. A boarding house shall not include a
use that meets the definition of a hotel, dormitory, motel, life care
center, personal care center, bed-and-breakfast inn, group home or
nursing home. A college fraternity or sorority house used as a residence
shall be considered a type of boarding house. A boarding house 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. A boarding house shall
primarily serve persons residing on-site for five or more consecutive
days.
Every description of device used on the water or ice or capable
of being used as a means of transportation on water or ice. The term
includes boats, motorboats, iceboats, all-terrain or amphibious vehicles
when they are operated on water and all such other devices.
A platform, either floating or supported by any other means,
which is designed and constructed for the purpose of providing mooring
space for boats, for swimming or for any other access to or use of
a body of water. In any case where a fee is charged for the use of
a dock, said dock shall be considered a commercial boat dock.
An individual docking space for a boat at a boat dock.
A restaurant or tavern, as defined herein, that includes
as an accessory use the brewing of malt beverages of alcoholic and/or
nonalcoholic content which produces less than 15,000 gallons of malt
beverages per year. Considered a "restaurant" for regulation by this
chapter. (See also "micro-brewery.")
A facility for the production and packaging of malt beverages
of alcoholic and/or nonalcoholic content for retail or wholesale distribution,
on or off the premises, and which produces 15,000 gallons or more
of malt beverages per year. Considered "agricultural products processing"
for regulation by this chapter. (See also "micro-brewery.")
A strip of land with fencing, dense vegetative planting,
additional setback distances, berms or a combination thereof that
separates one use from another use or feature and is not occupied
by any building, parking, outdoor storage or any use other than open
space or approved pedestrian pathways or improvements which is used
to provide separation between incompatible uses to effect a visual
barrier, block physical passage between uses, and reduce noise, dust
and litter.
The area of land immediately adjacent to any wetland, lake,
pond, vernal pond, or stream, measured perpendicular to and horizontally
from the delineated edge of the wetland, lake, pond, or vernal pond,
or the top-of-bank on both sides of a stream to provide separation
from an intensive land use area (e.g., subdivision, farm) and minimize
sediment and other pollutant loading; also referred to as filter strips,
vegetated filter strips, and grassed buffers.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, services, goods or materials of any kind
or nature.
See "floor area, gross."
The percentage of the area of the lot covered or occupied
by the total horizontal projected surface area of all buildings on
the lot and including accessory buildings and structures (including
covered porches, carports and breeze ways, but excluding open and
uncovered patios and decks).
An area on a lot or development parcel which has been designated
as the area in which development may occur. Building envelopes are
identified by building setbacks, conservation areas, site conditions
and other factors, and shall be specifically designated on the development
plan and established by deed covenants and restrictions.
The vertical distance from grade plane to the average height
of the highest roof surface.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered or
projected section of a building, the vertical plane will coincide
with the most projected surface. All setback requirements are measured
to the building line.
See "accessory structure."
A building which has one or more walls or portions thereof
in common with an adjacent building. See "addition."
A building surrounded by open space on all four sides within
the same lot.
A building in which the primary or predominate use of a lot
is conducted including any structure that is physically attached to
the principal building.
Any facility where gasoline is stored in bulk for distribution
by delivery truck, or fuel, including, but not limited to, kerosene,
home heating oil, diesel fuel, gasoline, or propane, is stored in
large volume tanks for distribution to retail or wholesale establishments;
or any retail home heating fuel distributor where the storage of fuel
on the site exceeds a combined total of 20,000 gallons.
Any shed-like structure, usually open on one or more sides,
located along the regular route of a public bus, van or other vehicle,
including an official school bus, whose purpose is to provide temporary
shelter for the users of the vehicle while they are waiting.
An area and/or building where passengers load on and unload
from buses, and where parking for passenger vehicles and ticket sales
are normally part of the operation, but without bus maintenance and
repair facilities.
An area and/or building where buses, limousines, and or taxis
are stored or parked on a regular basis with or without maintenance
and repair facilities.
A use comprised primarily of administrative and clerical
services and involving no retail trade, lodging, warehousing or manufacturing.
Such uses include, but are not limited to, financial services, legal
services, travel agencies, insurance agencies, corporate offices and
other similar uses.
Establishments primarily engaged in rendering services to
businesses including such activities as advertising and mailing, credit
reporting and collection, duplicating, mailing, telemarketing, stenographic
services, employment services, research and development and other
similar services.
A parcel or parcels of land with lodging units where transient
clientele or members of an organized club participate in organized
recreation which may include indoor recreation and learning activities
and outdoor recreation activities such as hunting, fishing, hiking,
bicycling, baseball and swimming, receive instruction or training,
or are afforded peace and quiet.
A dwelling structure in a camp/retreat used for temporary
occupancy.
A plot of ground upon which two or more campsites are located,
established or maintained for temporary occupancy by persons using
tents or recreational vehicles, and which is not be used for long-term
residency of occupants.
An overhanging projection or covering, usually supported
on poles, and made of canvas, fabric, plastic or other materials;
or a roof over an accessory structure including, but not limited to,
gasoline pumps and an ATM (automated teller machine).
Any building or premises or portions thereof used for commercial
purposes for washing motorcycles, passenger cars and other two-axle,
four-tire, single-unit vehicles without trailers. See "truck wash."
A roofed building intended for the storage of one or more
motor vehicles, but which is not enclosed on all sides by walls or
doors. If any portion of a carport is attached to a principal building,
it shall be considered to be part of that building.
The portion of a street right-of-way paved or unpaved intended
for vehicular use, including the travelway and shoulders.
An enclosed floor area partly or wholly below the finished
grade with at least 0.5 of its floor-to-finished height below the
average level of the adjoining finished grade, or with a floor-to-ceiling
height of less than 6.5 feet. See" basement."
 |
A place for the interment of deceased pets or human beings,
by cremation or in a grave, mausoleum, vault, columbarium or other
receptacle, or a memorial garden/area for the dispersal of cremated
remains, but not including a private family cemetery.
A document issued by the Township stating that a newly constructed
or altered building, structure, and/or use complies with this chapter.
Any conversion of a use from one use as regulated by this
chapter to a different regulated use.
The physical device that provides a connection from a power
source to an electric vehicle.
See "place of worship."
An area of unobstructed vision at street intersections defined
by the right-of-way lines of the streets and by a line of sight between
points on the street right-of-way lines at a given distance from the
intersection of the right-of-way lines.
An area of land or building used by a nonprofit civic, social,
fraternal, recreational, religious, political, labor union, or educational
association of persons (established via a meaningful and substantial
membership system as opposed to a token system) to pursue common goals,
interests, or activities usually with the payment of fees and dues,
regular meetings, and a charter and bylaws, but which is not routinely
open to members of the general public and which is not primarily operated
as a for-profit business. A "club/lodge, private," shall not include
commercial recreation clubs such tennis or racquetball clubs or any
other use which is specifically defined by this chapter. This use
does not include a target range for outdoor shooting, boarding house,
a tavern, a restaurant, an auditorium or any other use specifically
listed on the Schedule of Uses, unless that particular use is permitted
in that zoning district and the requirements of that use are met.
An educational institution authorized by the state to award
associate, baccalaureate, or higher degrees.
Any structure, antenna, earth station, equipment, cabinet
or other device which is intended for commercial or governmental use
in transmitting or receiving wireless television, radio, telephone
or other electronic communications, including internal or agency communications,
but excluding the following which are not appropriate subjects of
this chapter.
Industrial, scientific and medical equipment as regulated by
the Federal Communications Commission in 47 CFR 18.
Military and government radar antennas and associated communication
towers used for navigational purposes as regulated by 47 CFR 87.
Amateur (ham) and citizen band transmitting and receiving antennas
and associated communication towers as regulated by 47 CFR 97 and
47 CFR 95.
Radio transceivers normally hand-held or installed in a vehicle,
such as an automobile, truck, trailer or water craft.
A radio frequency machine which is designated and marketed as
a consumer product, such as auditory assistance devices, biomedical
telemetry devices, carrier current systems, Class A or B digital devices,
field disturbance sensors, perimeter protection systems, power line
carrier systems, microwave ovens or radio-controlled devices regulated
by 47 CFR 15.
Privately owned antennas for receiving commercial television
or radio serving a dwelling.
Towers and equipment used exclusively for emergency services
or government communications.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a commercial communication device.
An occupation, employment, or enterprise carried on for profit
by the owner, lessee, or licensee.
A truck with a gross or combined vehicle weight of 26,001
pounds or more. Classified by the Motor Vehicle Code of the State
of Pennsylvania (75 Pa.C.S.A. § 1916) as a truck of Weight
Class 9 or greater.
The Planning Commission of Kidder Township, Carbon County,
Pennsylvania.
All of the real property and improvements dedicated for the
common use and enjoyment of the residents of a particular development;
including, but not limited to, open land, development improvements,
common facilities, and recreation area.
Improvements in a development that are not required by the
Township but have been constructed as part of a development for the
common use and enjoyment of the residents of that development; including,
but not limited to, community centers, recreation buildings and structures,
and administrative and maintenance buildings.
See "open space."
The vertical distance measured from the base of the support
structure at average grade to the highest point of the structure,
including antennas.
See "property owners' association."
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons, as accessory to leisure activities.
This shall not include residential dwelling uses.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
A facility using land for processing of municipal waste by
composting. The term includes land thereby affected during the lifetime
of the operations, including, but not limited to, areas where composting
actually occurs, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access
roads, associated onsite or contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a facility for composting residential
municipal waste that is located at the site where the waste was generated.
The most recent Comprehensive Plan adopted by Kidder Township,
including all maps, charts and textual matter.
Any livestock operation which is defined as a concentrated
animal feeding operation by Commonwealth of Pennsylvania regulations.
A facility in which materials (Portland cement, aggregates,
water, admixtures) are combined by a central mixer to produce concrete
for transportation to and use at another site, and shall include customary
accessory uses, including offices, maintenance and storage garages,
material storage facilities, equipment and truck storage areas, scales,
conveyors, water storage and heating facilities, stormwater management,
sediment basins, concrete recycling/reclamation equipment and other
uses customarily necessary to produce, sell and transport mixed concrete.
Considered "industry" for regulation by this chapter.
A use in a particular zoning district to be allowed or denied
by the Board of Supervisors pursuant to public notice and hearing
and recommendation of the Township Planning Commission as authorized
by § 603(c)(2) of the Municipalities Planning Code.
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities, meeting rooms, fitness and health center, and
retail stores and services primarily for conference center guests.
Lands within the one-hundred-year floodplain, wetlands, lakes,
ponds, watercourses, areas greater than 1,000 square feet in size
containing rock outcrops, boulder fields and/or soils with bedrock
at the surface and slopes of 25% or more.
All landscape elements not included in the primary conservation
area. These include:
Hydric soils, swales, springs, lowland areas other than wetlands.
Moderately steep slopes between 15% and 25%, particularly those
adjoining watercourses and ponds, where disturbance and resulting
soil erosion and sedimentation could be detrimental to water quality.
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization and protection of streams, wetlands
and wildlife habitats.
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
Hedgerows, groups of trees, large individual trees of botanic
significance, and other vegetative features.
Historic structures and sites.
Visually prominent topographic features such as knolls, hilltops
and ridges, and scenic viewsheds as seen from public roads (particularly
those with historic features).
Existing trails, especially those connecting the tract to other
locations in the Township.
Class I, II and III agricultural soils as defined by the United
States Department of Agriculture, Natural Resources Conservation Service's
County Soil Survey for Carbon County.
A subdivision designed at the regulated dwelling unit density
where individual lots are reduced in size, important natural resources
are conserved, and the resultant open space is preserved in perpetuity.
A right or interest in land granted primarily for the preservation
of the land in its undeveloped state but which may allow limited development
(e.g., a residential structure) and other compatible uses such as
agriculture and forestry.
See "open space, conservation."
Selected resources and areas of restricted land multiplied
by a protection factor, totaled and used for the calculation of adjusted
tract area related to conservation design development.
The erection, reconstruction, renovation, extension, expansion,
alteration or relocation of a building or structure, including the
placement of mobile homes.
Any premises used as the base of operation by any tradesman
or contractor for the storage of equipment, vehicles and supplies.
A retail establishment of up to 5,000 square feet selling
prepackaged food products, household items, newspapers and magazines,
candy, and beverages, a limited amount of freshly prepared foods such
as sandwiches and salads for off-premises consumption, self-service
fuel or other goods commonly associated with the same.
A subdivision or land development designed at the required
dwelling unit density where individual lot reduction is not permitted.
An enclosure for confining livestock and which is typically
attached to or situated in close proximity to a stable or barn; as
contrasted to a pasture.
A public or private facility used to house and/or rehabilitate
adults or juveniles detained, sentenced or adjudicated delinquent
by the criminal justice system including, but not limited to, jails,
prisons, penitentiaries, reformatories, half-way houses, transitional
living facilities, juvenile detention facilities, and similar facilities.
A recreational property owned and managed by a nonprofit
membership organization and including recreational facilities, restaurant
and meeting rooms. Property owner associations and/or the property
they maintain shall not be considered, however, as country clubs,
nor shall other residential or commercial properties operated for
profit.
The County of Carbon, Commonwealth of Pennsylvania.
The Planning Commission of Carbon County, Pennsylvania.
See "lot coverage."
An enclosed portion of a building or an open pier area not
exceeding six feet in height from floor to ceiling, located below
the first occupied floor of a building and not used for business or
dwelling purposes. A crawl space shall not be counted as a story for
the purpose of building height measurement or determining the gross
floor area of a building.
A furnace or establishment for the incineration of human
or animal corpses.
An agricultural use involving the use of land for the raising
of cultivated plants or agricultural produce such as grain, vegetables,
silage, or fruit. The definition excludes commercial greenhouses and
commercial nurseries as defined by this chapter.
An operation which processes minerals or other materials
and crushes them to various sizes for the purpose of resale or use.
Considered "industry" for regulation by this chapter.
A public or nonprofit operated building open to the public
which contains exhibits of a cultural interest, such as a museum,
art gallery, nature center, library, etc.
A process provided in the Pennsylvania Municipalities Planning
Code that permits a landowner to seek to prove the invalidity of portions
of a zoning ordinance.
A process provided in the Pennsylvania Municipalities Planning
Code that permit a municipality to address the potential invalidity
of portions or all of its own zoning ordinance.
A facility which cares for seven or more children or adults
for periods of less than 24 hours per day at any hours of any day
of the year.
A private residence where six or fewer children or adults
receive care or supervision for periods of less than 18 hours per
day at any hours between 6:00 a.m. and 12:00 midnight.
The diameter of a tree trunk(s) measured at a point 4.5 feet
above ground level at the base of the tree.
A final adjudication of any board or other body granted jurisdiction
under this chapter to do so, either by reason of the grant of exclusive
jurisdiction or by reason of appeals from determinations. All decisions
shall be appealable to a court of competent jurisdiction.
An attached or unattached platform structure elevated more
than six inches and constructed with no walls and with no roof.
The total number of dwelling units per unit of land.
Shall mean the Pennsylvania Department of Environmental Protection
and its relevant bureaus.
See "building, detached."
Final action by an officer, body or agency charged with the
administration of this chapter or applications hereunder, which has
that authority as stated in various parts of this chapter, but not
including decisions made by the Board of Supervisors or the Zoning
Hearing Board. Determinations shall be appealable only to the boards
designated as having jurisdiction for such appeal.
Any landowner or agent thereof, or tenant or equitable owner
under an agreement of sale having the permission of the landowner,
who makes or causes to be made a subdivision of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations and the
subdivision of land.
All the physical additions and changes to a tract and the
constructed facilities necessary and/or required by the Township to
produce a usable and functional development; including, but not limited
to, roads, parking areas, stormwater controls and drainage easements,
landscaped areas, utilities, and water supplies and sewage disposal
systems.
A proposed development, prepared in accordance with this chapter and Chapter 153 (Subdivision and Land Development), including a plat of the subject parcel and any subdivision, locations of various uses, and all covenants relating to uses, locations and sizes of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open spaces and public facilities.
Any structure erected within the confines of a subdivision
for use by the owner or developer of the subdivision as an office
on a short-term basis for the promotion of sales of real estate exclusively
within the confines of the subdivision, with ultimate use of the structure
in conformance with the standards applicable in the district in which
the structure is located.
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo and materials, including transshipment by
boat, rail, air or motor vehicle. Breakdown of large orders from a
single source into smaller orders and consolidation of several orders
into one large one for distribution to several recipients and vice
versa are often part of the operation. The operation may include the
storage or parking of trucks awaiting cargo as well as facilities
for servicing of trucks. Storage facilities, such as warehouses, incidental
to the principal use may also be part of the operation. Retail sales,
manufacturing and assembly, or product processing, are not considered
part of a distribution center/truck terminal.
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this chapter.
A landing platform for boats and similar watercraft intended
only for pedestrian use in entering and exiting such boats and similar
watercraft.
A residence providing food, shelter, medical care, legal
assistance, personal guidance, or other services to persons who have
been victims of domestic violence, including any children of such
victims, and who temporarily require shelter and assistance in order
to protect their physical or psychological welfare.
A building used as group living quarters for a student body
or religious order as an accessory use to a college, university, boarding
school, convent, monastery, or similar institutional use which is
owned by and is located on the same parcel as the institution it serves.
An establishment that by design, physical facilities, service,
or packaging procedures encourages or permits customers to receive
services or obtain goods while remaining in their motor vehicles.
See "theater, drive-in."
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
or legal access on the said road.
See "solid waste landfill."
A structure or portion thereof which is used exclusively
for human habitation.
One or more rooms, designed, occupied, or intended for occupancy
as separate living quarters, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household. Any part of a dwelling
structure which is not connected with full unrestricted access to
all other parts of the dwelling structure is considered a separate
dwelling unit.
One or more rooms with private bath and kitchen facilities
constituting an independent, self-contained dwelling unit in a building
containing three or more dwelling units.
A single-family, detached dwelling on an individual lot,
with the building set on, or close to, one side property line, so
that the lot essentially has only one side yard. This side yard and
the rear yard constitute the primary outdoor living areas for the
dwelling. Typically, no windows are placed in the building wall that
is on the lot line. If the building is set on the lot line, a five-foot
easement is provided on the adjacent property along the lot line for
necessary access and maintenance of the building wall.
A building or buildings designed for occupancy by three or
more families living independently of each other in separate dwelling
units. The term "multifamily dwelling" shall include condominium as
well as noncondominium housing units including the following construction
types:
SINGLE-FAMILY ATTACHED/TOWNHOUSEA dwelling unit located in a multifamily dwelling structure in which each unit has its own front access to the outside and may have a rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
 |
QUADRAPLEXFour attached single-family dwellings in one building in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.
GARDEN APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three to 10 apartment units and not exceeding 2.5 stories or 35 feet in height, with access to each apartment unit usually from a common hall with the apartment units located back-to-back, adjacent, or one on top of another.
APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three or more apartment units which is more than 2.5 stories but not exceeding the height limitations (in feet) of this chapter.
RESIDENTIAL CONVERSION TO APARTMENTThe conversion of an existing single-family detached dwelling into three to five dwelling units.
A building containing one dwelling unit that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
A building containing two dwelling units either attached
side by side through the use of a vertical party wall and having one
side yard adjacent to each dwelling unit; or upstairs/downstairs units.
Any construction or other activity which disturbs the surface
of the land, including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth.
Receiving antenna or satellite, parabolic antenna used to
receive satellite signals.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
A building for the housing of fire, emergency medical or
police personnel and equipment and for related activities which may,
as an accessory use, include housing for emergency personnel while
on-call and social halls.
A worker or proprietor (including both part-time and full-time,
both compensated and volunteer, and both employee and contractor)
present on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
Construction of any building, structure or any obstruction
or illegal or unauthorized intrusion within the boundaries of any
adjacent land, right-of-way street, setback, watercourse or public
or reserved ground shown or laid out on any official map, Township-approved
plot plan or in violation of any provision of set forth in this chapter.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer of the Township.
To build, construct, alter, display, relocate, attach, hang,
place, suspend or affix any building or structure.
Municipal or utility facilities that do not require enclosure
in a building which are necessary for the public health and safety
and which are routine, customary and appropriate to the character
of the area in which proposed, including such facilities as poles,
towers, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants, and other
similar equipment. Buildings, sewage treatment plants, solid waste
disposal facilities, commercial communication towers, utility company
offices, storage of trucks or equipment and bulk storage, any commercial
communications devices and any other use specifically defined by this
chapter shall not be considered essential services. For essential
services requiring enclosure in a building see "semipublic building
or use."
An establishment that offers facilities such as the following:
weight rooms, exercise equipment, non-household pool and racquetball
courts. Considered a "service establishment" for regulation by this
chapter.
As defined by PA Code, Title 25, Chapter 211 Storage, Handling
and Use of Explosives, a chemical compound, mixture or device that
contains oxidizing and combustible materials or other ingredients
in such proportions or quantities that an ignition by fire, friction,
concussion, percussion or detonation may result in an explosion.
The term includes safety fuse, squibs, detonating cord and igniters.
The term does not include the following:
Commercially manufactured black powder, percussion caps, safety
and pyrotechnic fuses, matches and friction primers, intended to be
used solely for sporting, recreational or cultural purposes in antique
firearms or antique devices, as defined in 18 U.S.C.A. § 921
(relating to definitions).
Smokeless powder, primers used for reloading rifle or pistol
cartridges, shot shells, percussion caps and smokeless propellants
intended for personal use.
Land with buildings or structures used in connection with
the manufacturing or processing of explosives, as well as the storehouses
and magazines for the storage of explosives.
A person living alone or any of the following groups living
together as a single nonprofit housekeeping unit and sharing common
living, sleeping, cooking, and eating facilities:
Any number of people related by blood, marriage, adoption, guardianship
or other duly-authorized custodial relationship resulting in one of
the following relationships: husband, wife, brother, sister, parent,
child, grandparent, great-grandparent, grandchild, great-grandchild,
uncle, aunt, nephew, niece, sister-in-law, brother-in-law, father-in-law,
mother-in-law or first cousin;
Three unrelated people;
Two unrelated people and any children related to either of them;
Not more than the number of residents of a group home meeting the requirements of § 180-54.
Not more than eight people who are granted a special exception as a single nonprofit housekeeping unit (a functional family) pursuant to § 180-55.
The definition of a family does not include:
Any society, club, fraternity, sorority, association, lodge,
combine, federation, coterie, or like organization;
Any group of individuals whose association is temporary or seasonal
in nature; and
Any group of individuals who are in a group living arrangement
as a result of criminal offenses.
A parcel of land or a waterbody devoted to an agricultural
use.
A booth or stall on a farm and from which produce and farm
products grown on the premises are sold to the general public.
The seasonal selling or offering for sale at retail of vegetables
or produce, flowers, orchard products, and similar non-animal agricultural
products, occurring in a predesignated area, where the vendors are
individuals who have raised the vegetables or produce or have taken
the same on consignment for retail sale.
Any artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land or to be used
as a means of protection or confinement; also, a structure which permanently
or temporarily prohibits or inhibits unrestricted travel between properties
or portions of properties or between the street or public right-of-way
and a property. The term "wall" does not include engineered retaining
walls, which are permitted uses as needed in all districts. The terms
"fence" and "wall" do not include hedges, trees or shrubs.
See "bank."
The importing of trees or firewood from any property to any
another property for cutting or sale for use as firewood. This may
include the storage of the cut trees and firewood, and customers on
the site to purchase firewood, but no other retail sales. This shall
not include the cutting by a property owner of trees growing on his
property for sale as firewood. Considered "agricultural products processing"
for regulation by this chapter.
As defined by PA Code, Title 34, Part 1, Chapter 5, Blasting, Demolition, Fireworks and Explosives, a combustible or explosive composition, substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation.
Land with buildings or structures used in connection with
the manufacturing or processing of fireworks, as well as the storehouses
or magazines for the storage of finished fireworks. This does not
include a fireworks retail establishment operated in accord with state
and federal requirements.
Any sales activity conducted entirely in an enclosed building
where stalls or sales areas may be set aside and rented or otherwise
provided which are intended for use by various unrelated individuals
at which articles that are either homemade, homegrown, handcrafted,
old, obsolete, or antique are sold, and which may include the selling
of goods at retail by businesses or individuals who are generally
engaged in retail trade. Considered a "retail business" for regulation
by this chapter.
Any sales activity conducted in the open air or under any
pavilion or other building, tent or structure which is not fully enclosed
where stalls or sales areas may be set aside and rented or otherwise
provided which are intended for use by various unrelated individuals
at which articles that are either homemade, homegrown, handcrafted,
old, obsolete, or antique are sold, and which may include the selling
of goods at retail by businesses or individuals who are generally
engaged in retail trade.
See Chapter 104 (Floodplain Management).
The sum of the total horizontal areas of all floors of a
building measured from the exterior face of exterior walls, or from
the centerline of a wall separating two buildings, but not including
interior parking spaces, loading space for vehicles, any space where
the floor-to-ceiling height is less than six feet, elevator shafts,
common stairwells in an apartment building, and unenclosed porches,
decks and breeze ways.
That portion of the gross floor area within a building or
a dwelling unit having a distance between floor and ceiling of at
least seven feet for residential structures and at least 7.5 feet
for nonresidential structures, and not including garage or accessory
building space.
The management of forests and timberlands when practiced
in accord with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any of the following: a land development,
the operation of a sawmill or the operation of any other wood manufacturing
business.
A building containing sleeping rooms, bathrooms, common rooms,
and a central kitchen and dining room maintained exclusively for fraternity
or sorority members currently enrolled and their guests or visitors
and affiliated with an institution of higher learning.
A building or part thereof used for human or animal funeral
services. (A "crematorium" is a separate regulated use.) Such building
may contain space and facilities for any of the following:
Animals raised or trapped in the wild for their pelts such
as mink, sable, and ermine.
Any facility in which any form of gaming is conducted as
authorized by the laws of the Commonwealth of Pennsylvania including,
without limitation, gaming authorized by: (i) the Pennsylvania Racehorse
Development and Gaming Act, P.L. 572, No. 71, 4 Pa.C.S.A. § 1101
et seq., as amended from time to time (the Racehorse Development and
Gaming Act); and (ii) the Racehorse Industry Reform Act, P.L. 435,
No. 135, 4 P.S. § 325.101 et seq., as amended from time
to time (the Racehorse Reform Act). Notwithstanding the foregoing,
for purposes of this chapter, the term "gaming establishments" shall
not include or encompass facilities or establishments at which small
games of chance are played or facilities participating in any lottery
authorized by the Commonwealth of Pennsylvania.
A deck, building, or parking structure, or part thereof,
used or intended to be used for the parking and storage of vehicles.
See "yard, lawn, garage, tag or estate sale."
A structure that is accessory to an institutional, commercial,
or manufacturing establishment, building, or use and is primarily
for the parking and storage of vehicles operated by the customers,
visitors, and employees of such building and that is not available
to the general public.
A structure that is accessory to a single- or two-family
dwelling, is used for the parking and storage of vehicle(s) owned
and operated by the residents thereof, and is not a separate commercial
enterprise available to the general public.
A structure or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
A retail establishment engaged in the sale of ornamental
trees, shrubs and plants and supplies for gardening and landscaping.
Considered "retail business" for regulation by this chapter.
An unenclosed, detached, covered accessory structure primarily
used for recreation or socializing.
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
A tract of land for playing golf, improved with trees, greens,
fairways, hazards, and which may include clubhouses and shag ranges;
but does not include miniature golf courses or standalone golf driving
ranges.
A novelty version of golf played with a putter and golf ball
on a miniature course, typically with artificial playing surfaces,
and including obstacles such as bridges and tunnels. Considered a
"recreation facility, commercial" for regulation by this chapter.
A facility arranged with golf tees and used for longer range
play of golf balls where balls are supplied for a fee. It may also
include a putting green. Considered a "recreation facility, commercial"
for regulation by this chapter.
The Board of Supervisors of Kidder Township.
The average finished ground elevation adjoining a building.
 |
A reference plane representing the average of the finished
ground level adjoining the building at all exterior walls. Where the
finished ground level slopes away from the exterior walls, the reference
plane shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building between the structure and a point six feet
from the building.
The final elevation of the average ground level adjoining
a building at all exterior walls after development.
The elevation of the ground level in its natural state before
construction, filling, or excavation.
A facility, including necessary structures, where grain is
received and stored on site until it is prepared for reshipment or
is prepared for use as an ingredient in other products, and is then
shipped to other manufactures. Considered "agricultural products processing"
for regulation by this chapter.
A facility meeting applicable DEP requirements which is operated
by a municipality or a property owners' association (see definition)
where municipal waste and recyclables are collected for transport
to another site for disposal or processing.
An accessory structure, typically constructed of metal or
wood framework and covered with glass or plastic, for private noncommercial
use.
A structure, typically constructed of metal or wood framework
and covered with glass or plastic, used for the propagation of plants
for wholesale distribution; and including associated structures for
office space and storage; but not including retail sales of any products
or services.
See "floor area, gross."
See "tract area, gross."
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves the care of the maximum number of persons permitted by the group home standards of § 180-54 and meets all other standards of such section.
Involves persons functioning as a common household.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution, because of physical disability, old age, mental impairment
or other handicap* as defined by applicable federal law.
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
|
*NOTE: As of 1992, the Federal Fair Housing Act defined "Handicap"
as follows: 1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2)
a record of having such an impairment, or 3) being regarded as having
such an impairment, but such term does not include current, illegal
use of or addiction to a controlled substance as defined in § 802
of Title 21.
|
A use that would otherwise meet the definition of "group home" but which includes more than the permitted number of residents specified in § 180-54.
An accessory building or structure, together with any associated
gates and related equipment, which is designed, occupied and operated
for the purpose of controlling vehicular access.
As related to a variance, see § 180-175.
A product or waste, or combination of substances, that because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment which includes the soil and all subsequent
materials located below. Such hazardous material includes, but is
not limited to materials which are included on the latest edition
of one or more of the following lists:
Hazardous substances included on the list of "Extremely Hazardous
Substances" in 29 CFR Part 355, or its successor provisions.
An administrative proceeding conducted by the Planning Commission,
Board of Supervisors, or Zoning Hearing Board pursuant the requirements
of this chapter.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, and
may occur naturally or be specially planted (e.g., windbreak).
See "building height."
An area, either at ground level or elevated on a structure,
licensed by the federal government and/or the commonwealth for the
loading, landing, and takeoff of helicopters and including auxiliary
facilities, such as parking, waiting room, fueling, and maintenance
equipment.
A heliport without auxiliary facilities, such as parking,
waiting room, fueling, and maintenance equipment limited to a maximum
total of 15 flights or take-offs in any seven-day period (in addition
to flights necessary for emergency medical purposes) and that is not
available for use by the general public.
A business, profession, occupation, or trade of a service
nature conducted for gain or support and located entirely within a
residential building, or a structure accessory thereto, which use
is accessory, incidental, and secondary to the use of the building
for dwelling purposes and does not change the essential residential
character or appearance of such building.
A government or nonprofit corporation facility providing
temporary housing to indigent, needy or homeless persons.
See "property owners' association."
Any animal of the horse family or resembling a horse including,
but not limited to, horses, ponies, mules and donkeys.
An institution or establishment providing primary health
services and medical, surgical or rehabilitation care to persons,
primarily inpatients, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities, training
facilities, medical offices, or staff residences.
A facility offering temporary (generally for periods of two
weeks or less and not intended to be used as a residence) lodging
accommodations to the general public, typically on the basis of daily
or weekly rentals, and providing additional services such as restaurants,
meeting rooms and recreational facilities.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit. See "family."
The distance measured from the surface of the tower's
foundation to the height of the wind turbine hub to which the blade
is attached.
Land and/or a stream or body of water and adjacent area on
any bank thereof, owned or leased by a person or group of persons
duly formed as a club, used principally for hunting/fishing, open
only to members and guests and involving no buildings other than those
for lodging, eating and sanitary facilities for members and guests
and accessory structures.
A surface that prevents the percolation of water into the
ground such as rooftops, decks, patios, pavement, sidewalks, driveways,
gravel drives, roads and parking, and compacted fill, earth or turf
to be used as such.
 |
See "development improvements."
A facility not located on the same lot where the wastewater
is generated which is used for treating and removing any harmful chemicals,
compounds (including the flow back water and solutions used in the
process of hydraulic fracturing for natural gas) nutrients, organics,
solids, radionuclides or other materials prior to being transported
off-site for reuse or discharged into a stream or into the soil. Such
a facility typically includes a multi-bay truck loading/unloading
station, skim ponds for oil/water separation, water clarifiers, sludge
dewatering facilities, reverse osmosis units, evaporators, chemical
feed equipment, pumps and other appurtenances.
Establishments engaged in the basic mechanical, chemical
or other transformation of extracted or raw materials or substances
into new products or materials, including, but not limited to, the
manufacturing or transformation of products for use by other manufacturers,
the blending of materials such as lubricating oils, plastics, resins
or liquors, other basic industrial processes, mineral processing,
dry cleaning plants, and any facility involving processes resulting
in the nonincidental storage of hazardous materials or the generation
of hazardous waste products, or other environmentally hazardous processes.
A nonprofit, religious, or public use, such as a religious
building, library; public or private school, hospital, or government-owned
or government-operated building, structure, or land used for public
purpose.
Any scrap, waste, refuse, reclaimable material or debris, vehicles,
appliances, equipment or machinery, or parts thereof, whether or not
stored or used in conjunction with dismantling, processing, salvage,
storage, baling, disposal or other use or disposition. Junk shall
include, but shall not be limited to:
Scrap iron, tin, brass, copper, lead, zinc and all other metals
and alloys; bones, rags, paper, used cloth, used rubber, used rope,
and similar materials; old or used, or parts of machinery, vehicles,
tools, appliances, furniture, plumbing, heating and other fixtures,
and pipe and pipe fittings;
Used lumber, boxes, crates and pallets;
Used tires;
Other worn, deteriorated, or obsolete manufactured goods which
are unusable;
Mobile/manufactured homes that are not in habitable condition;
and
Abandoned or junked vehicles.
Junk shall not include:
Any solid or liquid waste the disposal of which is regulated
by the Pennsylvania Department of Environmental Protection.
Agricultural vehicles and implements such as tractors, mowers,
etc., for use as parts for equipment and machinery used as part of
an active, on-going agricultural operation provided such equipment
is stored on the premises of the operation, can be legitimately used
for parts, and is adequately screened.
Construction and contractor's equipment for use as parts
for equipment and machinery used as part of an active, on-going contracting
business legally operating in accord with this chapter, provided such
equipment is stored on the premises of the operation, can be legitimately
used for parts, and is adequately screened.
Any motor vehicle which presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair as defined by Chapter 134 (Property Maintenance) or without current registration.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of junk as defined
by this chapter, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. Vehicle sales lots managed
by licensed vehicle dealers operated in accord with this chapter shall
not be considered junkyards. The following shall also be considered
junkyards:
Any of the following:
Any commercial establishment where dogs, cats, or other household
pets are housed or boarded and where grooming, breeding, training,
or selling of animals may be conducted.
As defined by the Pennsylvania Department of Agriculture, Bureau
of Dog Law Enforcement: pet shop kennels, dealer kennels, rescue network
kennels, research kennels, boarding kennels, nonprofit kennels and
commercial kennels.
Any veterinary clinic with outdoor animal runs.
The noncommercial keeping of more than a combined total of four
domestic dogs or domestic cats that are more than six months of age.
A natural or artificial body of water one acre or larger
which retains water year-round. Artificial ponds may be created by
dams, or result from excavation.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The definition of land development shall not include the following:
The conversion of an existing single-family detached dwelling
or single family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the Township.
See "solid waste facility."
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee authorized
under the lease to exercise the rights of the landowner, or other
person having a proprietary interest in land.
An individual freestanding building or multiple building
development in which the combined total of all structures and outdoor
sales areas within the development (regardless of diverse lotting,
use or tenancy) combine to total 20,000 square feet or more of gross
floor area, used for the purpose of retail sales or commercial establishments.
Cattle, bison, sheep, goats, llamas, alpacas, swine, ostriches,
emus, and similar animals.
See "animal husbandry."
An interior or exterior off-street space or berth used for
the loading or unloading of people, cargo, products, or materials
from vehicles.
See "club/lodge, private."
See "residency, long term."
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
 |
The total area within the property or lot lines; the gross
area. The term includes "area of land," "land area," "lot size," "parcel
area," "parcel size," "tract area" and any similar terms.
The horizontal land area contained within the property lines
of a lot, measured in acres or square feet, determined by multiplying
the area of each listed resource by the applicable protection factor
and deducting the total area of constrained land from the total lot
size. If two or more resources overlap, only the resource with the
highest protection factor shall be used.
|
Constrained Land
| |||||
|---|---|---|---|---|---|
|
Resource
|
Area of Resource
(acres)
|
Protection Factor
|
Constrained Land
(acres)
| ||
|
A
|
Existing public or private road rights-of-way and existing utility
or other rights-of-way
|
x 1.00
|
=
| ||
|
B
|
That portion of lands under conservation easement that are restricted
from further development
|
x 1.00
|
=
| ||
|
C
|
Floodway (if not mapped by FEMA assume 50 feet each side of
top-of-bank of stream)
|
x 0.50
| |||
|
D
|
One-hundred-year floodplain (if not mapped by FEMA area is included
in floodway above)
|
x 0.25
| |||
|
E
|
Wetlands as determined by a delineation
|
x 0.50
| |||
|
F
|
Prohibitive steep slopes (25% or greater)
|
x 0.50
|
=
| ||
|
G
|
Precautionary steep slopes (15% up to 25%)
|
x 0.10
|
=
| ||
|
H
|
Ponds, lakes and streams to the high water mark
|
x 0.50
|
=
| ||
|
I
|
CONSTRAINED LAND = SUM OF A through H =
| ||||
That portion of the lot covered by all created improvements,
including but not limited to primary buildings, decks, porches, accessory
buildings, paving, patios, sidewalks, pools and other impervious areas
provided that where a municipal boundary bisects a lot, the total
area of the lot, regardless of the municipal boundary, shall be used
for the purpose of determining compliance with the permitted lot coverage.
The horizontal distance between the midpoint of the front
lot line at the street right-of-way and the midpoint of the rear lot
line.
The horizontal distance between side lot lines at their foremost
points (where they intersect with the street right-of-way line).
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line is considered to be the existing street right-of-way
line or that will exist at the time of completion of a subdivision
or development.
LOT LINE, FRONTThe lot line(s) separating the lot from any street. For all lots along lake shores, the front lot line shall be that line along the road. In the case of a flag lot, the lot line where the narrow access corridor widens shall be considered the front lot line.
LOT LINE, REARThe lot line(s) most distant from and most parallel to the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
 |
The distance between the straight lines connecting front
and rear lot lines at each side of the lot, measured across the rear
of the required front setback; provided, however, that width between
side lot lines at their foremost points (where they intersect with
the street line) shall not be less than 80% of the required lot width
except in the case of lots on the turning circle of culs-de-sac, where
the 80% requirement shall not apply.
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
Any lot or parcel of property which is legally in existence
and properly on file with the County Recorder of Deeds. (See "parent
tract.")
A lot not meeting minimum frontage requirements and where
access to the public road is by a narrow, private right-of-way or
driveway.
 |
A lot other than a corner lot, the two side lines of which
do not abut a street.
A through lot with frontage on two streets with vehicular
access restricted to only one of the streets.
 |
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
See "forestry."
An area with or without structures used for the storage,
distribution or sale of finished or rough-cut lumber and lumber products.
Facilities involving generally unobtrusive processes carried
on entirely within a fully enclosed building and not resulting in
the nonincidental storage of hazardous materials or the generation
of hazardous waste products, or other environmentally hazardous processes.
Light manufacturing includes, but is not limited to:
Fabrication, processing, assembly, repair, testing, packing
and/or storage of products made from previously prepared materials,
products, components and parts such as cloth, plastic, food, paper,
glass, leather, stones, and electronic components.
Research, engineering or testing laboratories.
Textile and clothing manufacturing.
Furniture or other wood products production.
Printing, publishing and binding plants.
Light manufacturing does not include:
A facility for selling, storing, servicing, fueling, launching,
berthing and/or securing of boats.
Pressing, squeezing, stretching, or stimulating the face,
scalp, neck, limbs, or other parts of the human body with or without
cosmetic preparation, either by hand, or with mechanical or electrical
appliances. (See also "massage parlor" listed under "adult business.")
A service establishment that meets all of the following criteria:
Massages are conducted for a fee, tip or other consideration;
and
The person conducting the massage is licensed by the Commonwealth
of Pennsylvania as a health care professional or a therapeutic massage
therapist, or is certified by the National Certification Board for
Therapeutic Massage and Bodywork or other recognized therapeutic massage
organization that requires substantial professional training.
The establishment does not meet the definition of "massage parlor."
(See definition listed under "adult business.")
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, possibly culminating in a written
agreement which the parties themselves create and consider acceptable.
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers and where
patients require a stay of less than 24 hours.
Marijuana for certified medical use in accord with the Pennsylvania
Medical Marijuana Act, Act 16 of 2016.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana in accord with the Pennsylvania Medical
Marijuana Act, Act 16 of 2016.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
grow and process medical marijuana in accord with the Pennsylvania
Medical Marijuana Act, Act 16 of 2016.
A health delivery system in which the complete spectrum of
care, including primary and specialty care, hospitalization and pharmaceutical
care, is provided within a single organization and which is approved
by the Pennsylvania Department of Health to dispense medical marijuana
or grow and process medical marijuana, or both, in accord with a research
study in accord with the Pennsylvania Medical Marijuana Act, Act 16
of 2016.
A structure designed for an assemblage of persons including
fraternal organizations, banquet facilities within eating and drinking
establishments, catering facilities, and areas located within the
grounds of churches to service gatherings such as weddings, parties,
etc.
See "zoo or menagerie."
A facility for the production, packaging and sampling of
malt beverages of alcoholic and/or nonalcoholic content for retail
or wholesale distribution, on or off the premises, and which produces
less than 15,000 gallons of malt beverages per year.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat, and crude oil and natural gas.
The mining, removal or recovery by any means whatsoever (including, but not limited to, open excavations and quarries, subsurface mining and natural gas extraction) of minerals as defined in this Article III and including the incidental screening, washing, crushing and grading of materials originating on the site. Mineral extraction shall not include:
The salvage removal of already quarried stone from existing
quarries where no additional blasting, ripping or other mechanical
operations are required.
The extraction of minerals by a landowner for the landowner's
noncommercial use from land owned or leased by the landowner.
The extraction of sand, gravel, rock, stone, earth or fill from
borrow pits for public road construction undertaken by a public entity
or the extraction of minerals associated with a public construction
contract.
The handling, processing or storage of slag on the premises
of a manufacturer as a part of the manufacturing process.
The extraction, handling, processing or storing of minerals
from a building construction excavation on the site of the construction
if the minerals removed are incidental to the building construction
excavation, regardless of the commercial value of the minerals. The
minerals removed are incidental if the excavator demonstrates that:
The refinement of minerals by the removal of impurities,
reduction in size, transformation in state, or other means to specifications
for sale or use, and the use of minerals in any manufacturing process
such as, but not limited to, concrete or cement batching plants, asphalt
plants, manufacture of concrete and clay products, and natural gas
processing. This shall not include activities typically part of a
pipeline compressor station, metering station or operation/maintenance
facility.
See "convenience store."
To reduce to the smallest amount possible. Minimize does
not mean to eliminate but rather that the most substantial efforts
possible under the circumstances have been taken to reduce the adverse
effect of the action (such as grading, clearing, construction, etc.).
A transportable, single-family dwelling intended 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 without a permanent foundation.
A parcel of land in a mobile home park which is leased by
the park owner to the occupants of the mobile home erected on the
lot and which is improved with the necessary utility connections and
other appurtenances necessary for the erection thereon of a single
mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
Any structure erected for use as a display to promote the
sale of similar residential structures, which may be utilized on a
short-term basis as an office limited to the sale of homes in the
development in which the structure is located with ultimate use of
the structure to conform to a permitted use in the district in which
the structure is located. (See also "sample home.")
A facility offering temporary lodging accommodations to the
general public, typically on the basis of daily or weekly rentals,
with at least 25% of the rooms having direct access to the outside.
Rooms in the facility shall not be used as a principal residence,
except for an employee (i.e., caretaker).
Any development of a single parcel of property that includes
one or more buildings containing three or more dwelling units. Any
residential development which proposes the construction of two or
more two-family dwellings on one parcel of property shall also be
considered a multifamily project. Two-family dwellings in a multifamily
project shall be considered townhouses.
A building containing two or more independent, nonresidential
uses; such uses being permitted in the district where the multiple
occupant building is proposed.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[3]
Kidder Township, Carbon County, Pennsylvania.
See § 180-128C.
A development of five to 25 single-family, detached dwellings
clustered in a concentrated area which is surrounded by open land
or recreation area.
An establishment dispensing food and drink and in which music,
dancing, or entertainment is an integral and significant part of the
operation.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements as set forth in § 107 of the
Pennsylvania Municipalities Planning Code:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no other 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 shall 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 shall 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 shall be conducted only within the dwelling and
may not occupy more than 25% of the habitable floor area.
The business shall not involve any illegal activity.
See § 180-134.
Something owned, operated or supported by private individuals
or a corporation, without seeking profit, for the use or benefit of
the general public or for some part of the general public.
The growing, cultivation, storage, and sale of garden plants,
flowers, trees, and shrubs to landscapers, developers, builders, and
retail establishments.
See "personal care home."
Any use of or activity upon a particular premises or holding
real property by being in possession.
A facility licensed pursuant to the provisions of the Racehorse
Reform Act for the purpose of gaming authorized at a non-primary location
pursuant to the provisions of the Racehorse Reform Act. Considered
a "gaming establishment" for regulation by this chapter.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
A building or part of a building used primarily for conducting
the affairs of a business, profession, service, industry or government,
or like activity; it may include ancillary services for office workers,
such as a restaurant, coffee shop, newspaper or candy stand, and day-care
facilities.
A map adopted by Township ordinance in accord with Article
IV of the Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247 as enacted and amended.
The Official Zoning Map of Kidder Township, Carbon County,
Pennsylvania.
The well site preparations, well site construction, drilling,
hydraulic fracturing and/or site restoration associated with an oil
and/or gas well of any depth; water and other fluid storage, impoundment
and transportation used for such activities; and the installment and
use of all associated equipment, including tanks, meters and other
equipment and structures whether permanent or temporary; and the site
preparation construction, installment, maintenance and repair of oil
and gas pipelines and associated equipment and other equipment and
activities associated with the exploration for, production and transportation
of oil and gas, other than compressor stations and natural gas processing
plants or facilities performing the equivalent functions, that operate
as midstream facilities and which are only authorized consistent with
this chapter as a conditional use.
A type of mineral extraction involving a bore hole drilled
or being drilled for the purpose of or to be used for producing, extracting
or injecting any gas, petroleum or other liquid related to oil or
gas production or storage, including brine disposal, but excluding
bore holes drilled to produce potable water to be used as such. The
term "well" does not include a bore hole drilled or being drilled
for the purpose of or to be used for systems of monitoring, producing
or extracting gas from solid waste disposal facilities, as long as
the wells are subject to the act of July 7, 1980 (P.L. 380, No. 97),
known as the Solid Waste Management Act,[4] and do not penetrate a workable coal seam.
An area that is intended to provide light and air, and is designed for environmental, scenic, recreational, resource protection, amenity and/or buffer purposes and which contains no development improvements which are not specifically permitted by this chapter or Chapter 153 (Subdivision and Land Development).
Open space that is part of a particular conservation design
subdivision development tract set aside for the use and enjoyment
of residents of such development.
Open space that is part of a particular conservation design
subdivision development tract set aside for the protection of sensitive
natural features, farmland, forest land, scenic views and other primary
and secondary conservation areas and which is permanently restricted
from further development except as permitted by this chapter and cannot
be used as a basis for density for any other development. Conservation
open space may be accessible to the residents of the development and/or
the Township, or it may contain areas of farmland or forest land which
are not accessible to project residents or the public.
Open space that is dedicated or reserved for the use of the general public in accord with the requirements of Chapter 153 (Subdivision and Land Development).
Any commercial activity or activity associated with a commercial
use where concerts, theater arts, movies or any other type of entertainment
is provided outside a fully enclosed building.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to submit an
application for the development or use of land.
The Commonwealth of Pennsylvania.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation.
See "lot."
Any lot or parcel of property which is legally in existence
and properly on file with the County Recorder of Deeds and from which
a lot or lots have been subdivided or are proposed for subdivision.
(See "lot, existing of record.")
A parking lot designed for drivers to leave their cars and
share a ride with another driver or use mass transit facilities beginning,
terminating, or stopping at or near the park-and-ride facility.
Any public or private area, under or outside of a building
or structure, designed and used for parking motor vehicles, including
parking lots, garages, private driveways, and legally designated areas
of public streets. See "garage."
A parking area for the exclusive use of the clients, customers
or owners of the lot on which the parking area is located or whomever
else they permit to use the parking area.
A parking area available to the public, with or without payment
of a fee.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and that is not located on a dedicated
street right-of-way.
A temporary storage area for a motor vehicle that is located
on a public or private street right-of-way.
An open recreational area or structure without a roof, constructed
no higher than six inches from the ground level and resting directly
on the ground. It may be attached to or detached from the principal
building and may be constructed using wood, masonry, pavement, stone,
or other material suitable for that purpose.
A business which offers loans in exchange for personal property
as equivalent collateral. If the loan is repaid in the contractually
agreed time frame, the collateral may be repurchased at its initial
price plus interest. If the loan cannot be repaid on time, the collateral
may be liquidated by the shop. Considered a "retail establishment"
for regulation by this chapter.
A permanent foundation which meets the requirements of the
Uniform Construction Code.
A document issued by the proper authority documented on the
required application which authorizes the applicant to undertake certain
activities in compliance with all the applicable codes and ordinances.
ZONING PERMITIndicates that a proposed use, building or structure as documented in the development application will comply with the requirements of this chapter. Issued by the Zoning Officer for principal permitted uses, accessory uses and signs following confirmation of compliance with applicable standards, for conditional uses following approval by the Board of Supervisors, and for special exceptions following approval by the Zoning Hearing Board.
BUILDING PERMIT or CONSTRUCTION PERMITIssued by the Building Code Official and indicates that a proposed construction, alteration, or reconstruction of a structure will comply with the Township construction code.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A facility licensed by the Commonwealth of Pennsylvania for
the housing and intermediate or fully-skilled nursing care of three
or more persons needing such care because of old age or a physical
illness or disability or a developmental disability.
See "service establishment."
Domestic cats and domestic dogs, and other animals which
are commonly kept primarily inside a dwelling unit for companionship
or personal satisfaction (not for consumption or utilitarian use)
such as parakeets, parrots and similar birds, ferrets, mice, guinea
pigs, hamsters and similar rodents, nonpoisonous snakes, and fish.
"Pet" does not include livestock, small animals and fowl, pot bellied
pigs and miniature horses.
See § 180-268C.
See § 180-117.
Buildings, synagogues, churches, temples, cathedrals, mosques,
chapels, religious retreats, monasteries, seminaries and shrines used
primarily for religious and/or spiritual worship and that are operated
by a tax-exempt organization qualifying under § 501(c)(3)
of the Internal Revenue Code for nonprofit and noncommercial purposes
which people regularly attend to participate in or hold religious
services, meetings or functions, or religious instruction, and which
may include customary incidental accessory uses such as housing for
active clergy, meeting and activity rooms, and recreation facilities.
A map or drawing of a subdivision or land development, whether
preliminary or final.
The Planning Commission of Kidder Township, Carbon County,
Pennsylvania.
See "lake or pond."
An attached, roofed accessory structure projecting from a
wall of a building which may be open or screened and with solid walls
no higher than three feet above the floor level.
See "small animals and fowl."
Any facility, including structures, machinery and associated
equipment, which generates electric energy from another source of
energy, such as nuclear reactions, hydroelectric dams, or natural
gas or coal fired plants, the primary purpose of which is the commercial
sale of the energy which is generated. Power plants which produce
electric energy, 75% or more of which is used on the site of production,
shall be considered part of the principal permitted use for which
the energy is used (excluding solar and wind energy).
See "resources, primary."
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resource and Conservation Services County Soil
Survey.
A building in which the primary or predominate use of a lot
is conducted including any structure that is physically attached to
the principal building.
A use allowed in a particular zoning district which may be
approved by the Zoning Officer provided the application complies with
all requirements of this chapter.
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
The primary or predominate use of a lot.
Something owned, operated and supported by private individuals
or a corporation, rather than by government, and not available for
public use.
The office of a member of a recognized profession, including,
but not limited to, an accountant, architect, author, dentist, engineer,
insurance agent, landscape architect, lawyer, minister, optometrist,
planner, physician, or realtor.
A nonprofit corporation organized by the developer or home
owners for the purpose of establishing an association of all property
owners in a private development which purposes shall include the ownership
and maintenance of open space common areas and all development improvements.
Any occupied residence, commercial business, school, religious
institution or other public building located within 1,000 feet of
the surface location of an oil or gas well, including structures such
as garages and barns or other accessory buildings and structures which
may be impacted by noise generated from drilling or hydraulic fracturing
activity at a well site. The term shall not include any structure
owned by an oil or gas lessor who has signed a lease with the operator
granting surface rights to drill the subject well or whose owner (or
occupants) has (have) signed a waiver relieving the operator from
implementation of the measures established in this chapter for the
owner's (occupant's) benefit.
Something owned, operated, and supported by a government
or government agency for the use or benefit of the general public.
Any structure, building or use owned and operated by a government
or government agency including such things as public schools, parks,
civic centers, municipal buildings; but excluding solid waste disposal
facilities, nursing homes, hospitals, and other uses specifically
defined by this chapter.
A formal meeting held pursuant to public notice by the Planning
Commission or the Board of Supervisors, intended to inform and obtain
public comment, prior to taking action in accord with Pennsylvania
Municipalities Planning Code.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), as amended, known as the Sunshine Act.[5]
Notice published once each week for two consecutive 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. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A road course, either oval, circuitous or straight, where
motor vehicles including, but not limited to, automobiles, trucks,
go-carts, motorcycles, motor scooters, dune buggies and the like,
are driven for recreation, testing or competition; or, any course
where animals are raced for competition.
A private or public space associated with a residential development,
including accessory structures such as fences, backstops and bleachers,
used for play and/or recreation by individuals.
A private or public space, including accessory structures
such as fences, backstops and bleachers and other equipment, used
for play and/or recreation by individuals, and including, but not
limited to, golf courses, basketball, volleyball and tennis courts,
baseball, football and soccer fields, and playgrounds.
A private or public space, not including any accessory structures
used for active recreation by individuals, and including, but not
limited to, trails, picnic areas, community gardens, and lawns.
Outdoor or indoor areas or structures, operated by private
nonprofit or private commercial entities, open to the public, which
may contain entertainment and amusement devices or attractions, including
but not limited to picnic groves, swimming pools, tennis and racquetball
courts, ski areas, miniature golf courses, golf driving ranges, and
the like, but excluding golf courses, theaters, public parks and playgrounds
and any other use specifically listed on the Schedule of Uses.
Parks, swimming pools, playgrounds, tennis courts, and other
recreational facilities owned and operated by the Township, county,
school district, state, or federal government. See "public buildings
and uses."
A vehicle primarily designed and utilized as temporary living
quarters for recreational, camping or travel use, whether self-propelled
or mounted on, or drawn by another vehicle, and including travel trailers,
recreational trailers, camping trailer, truck camper, motor homes
and similar types of vehicles.
See "campground or RV park."
A facility employing a technology that is a process that
separates or classifies municipal waste (as defined by PA Code Title
25, § 271.1) and creates or recovers reuseable 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
solid waste facilities, a resource recovery facility, or a green box
transfer station/recycling facility as defined herein, or an accessory
drop-off point or collection center for recycling.
See "family."
A dwelling associated with a place of worship in which reside
individuals directly involved with the administration or function
of a place of worship including clergy and staff and immediate family
members.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. See also "addition" and
"alteration."
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer, or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A parking place provided to accommodate a vehicle which is
queued in a lane awaiting service in a drive-in facility such as a
bank, fast-food restaurant or a car/truck wash.
Occupancy of a dwelling, generally for periods of more than
180 days, as opposed to temporary visits to bed-and-breakfast establishments,
motels, hotels, vacation rental units, campgrounds and recreational
vehicles, and which serves as the legal address for the occupant.
It also includes any dwelling or structure where children who attend
school reside.
A business combining lodging, eating and recreational facilities
for lodgers and/or nonlodgers as a single enterprise offered to the
public at large or any segment thereof, but not including bed-and-breakfast
establishments, campgrounds, recreational vehicle parks or mobile
home parks. Accessory amenities may include conference centers, retail
sales, spas, beauty salons, barber shops, restaurants, indoor and
outdoor recreational facilities, health centers, day-care centers,
facilities for commercial special events, and employee living quarters.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste (as define
by 25 Pa.Code § 271.1).
The term includes a facility that mechanically extracts materials
from municipal waste, a combustion facility that converts the organic
fraction of municipal waste to usable energy and a chemical and biological
process that converts municipal waste into a fuel product.
The term includes a facility for the combustion of municipal
waste that is generated offsite, whether or not the facility is operated
to recover energy.
The term includes land affected during the lifetime of operations,
including, but not limited to, areas where processing activities actually
occur, support facilities, borrow areas, offices, equipment sheds,
air and water pollution control and treatment systems, access roads,
associated onsite or contiguous collection, transportation and storage
facilities, closure and post-closure care and maintenance activities
and other activities in which the natural land surface has been disturbed
as a result of or incidental to operation of the facility.
The term does not include:
Natural features consisting of one-hundred-year floodplain
(including the floodway), lakes, ponds, watercourses, wetlands and
prohibitive steep slopes (25% or greater). In conservation subdivisions,
all conserved lands containing primary resources are called "primary
conservation areas."
Natural or cultural features outside primary conservation areas that are worthy of conservation by inclusion in conservation open space. See the prioritized list of such features in Chapter 153 (Subdivision and Land Development). Lands containing secondary resources that are conserved are called "secondary conservation areas."
An establishment where food and/or beverages are prepared,
served, and consumed, mostly within the principal building which may
include limited forms of musical entertainment to accompany the dining
experience; however, restaurants that provide dancing and stage shows
shall be considered a nightclub.
Any part of a food establishment located outdoors, not used
for any other purposes, and open to the sky, with the exception that
it may have a retractable awning or umbrellas, and may contain furniture,
including tables, chairs, railings, and planters that are readily
moveable.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant part of the
consumption takes place outside the confines of the restaurant, and
where ordering and pickup of food may take place from a vehicle.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
An establishment that delivers kerosene, home heating oil,
and propane to individual dwellings or commercial establishments for
use on that premises and not for resale, and where the storage of
fuel on the site of the retail home heating fuel distributor does
not exceed a combined total of 20,000 gallons. Any such establishment
where the storage of fuel on the site exceeds a combined total of
20,000 gallons shall be considered a bulk fuel storage facility.
A solid or integrated vertical structure in excess of four
feet in height designed for the separation or retention of varying
ground levels.
Land reserved for use as an access, street, drainage facility
or other private, public or community use.
The outside top covering of a building.
 |
See "boarding house."
An unoccupied single-family dwelling associated with a principal
permitted commercial use and not intended for permanent occupancy,
and used solely for demonstration purposes to inform potential purchasers
of the types of homes available from the seller. (See also "model
home.")
Apparatus designed for transmitting radio energy to satellites
or receiving it from satellites and including any attached mountings
or brackets.
A commercial operation where timber is sawed into boards.
This does not include a portable sawmill operating temporarily as
an accessory to a timber harvest. Considered "agriculture products
processing" for regulation by this chapter.
An educational institution that primarily provides state-required
or largely state-funded educational programs. This term shall not
include trade schools.
Visibly shielded or obscured from any adjoining or neighboring
property, any public or private road right-of-way, or any other premises
which is accomplished by topography, fencing, berms, natural and planted
vegetation or other means approved by the Township.
A method of visually shielding or obscuring a structure or
use from another by topography, fencing, walls, berms, planted vegetation
or a combination of these methods.
See "resources, secondary."
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent for varying periods of time and which may include outdoor vehicle
storage if approved by the Township.
A building or use operated by nonprofit, community-based
organizations for the general use of Township residents, including
emergency services buildings, libraries and the like, but excluding
institutional uses such as nursing homes, hospitals, sanitariums and
clinics. It shall also include essential services and public utilities
that require enclosure within any structure or building.
An establishment engaged in providing services involving
the care of a person or a person's goods or apparel such as cleaning
and garment services, beauty and barber shops, shoe repair, copying
centers, photographic studios, etc., and which is not otherwise listed
as a use in the Schedule of Uses.
The required minimum open space extending the full width
of the lot between the principal structure(s), accessory structures,
or other improvements and the front lot line. See also "yard" and
"lot line."
 |
The required minimum open space extending the full width
of the lot between the principal structure(s), accessory structures,
or other improvements and the rear lot line. See also "yard" and "lot
line."
The required minimum open space between the principal structure(s),
accessory structures, or other improvements and the nearest lot line
or right-of-way as provided by this chapter. See also "yard" and "lot
line." (See accompanying illustrations.)
 |
A required open space extending from the front setback to
the rear setback between the principal structure(s), accessory structures,
or other improvements and the side lot line. See also "yard" and "lot
line."
A sanitary sewage collection system in which sewage is carried
from individual lots or dwelling units by a system of pipes to a central
treatment and disposal system or sewage treatment plant which may
be publicly or privately owned and operated. A system designed to
serve a two-family dwelling or two dwelling units located on the same
property or adjacent properties shall not be considered as off-site
sewage.
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage in whole or in part into
the soil on that lot or as may be permitted on common open space in
a conservation subdivision design development. A system designed to
serve a two-family dwelling or two dwelling units located on the same
property or adjacent properties shall be considered on-site sewage
and all development standards will apply the same for each dwelling
or unit as any single family unit.
The Township official certified by the Pennsylvania Department
of Environmental Protection who reviews permit applications and sewage
facilities planning modules, issues permits as authorized by the Pennsylvania
Sewage Facilities Act,[6] as amended, and conducts investigations and inspections
that are necessary to implement the Act and its regulations.
A sanitary sewage collection and treatment system meeting
the requirements of the Pennsylvania Department of Environmental Protection
in which sewage is carried from individual lots or dwelling units
by a system of pipes to a central treatment and disposal facility
or system which may be publicly or privately owned and operated, and
which uses mechanical, biological and chemical processes to treat
and dispose of domestic sewage in accord with DEP rules and regulations
involving an effluent discharge to surface waters or to a soil-based
or other treatment system.
A detached accessory structure used for the storage of tools,
minor equipment, and materials, but too small for the storage of an
automobile.
Any area of land which is used for hunting of animals where
a fee or other consideration is charged.
Any fully enclosed building used for the discharge of any
firearm for recreational or training purposes which is a commercial
operation, or which is operated by any government entity, private
nonprofit entity, or any sportsman's, recreation or fraternal
club or association. Considered a "recreational facility, commercial"
for regulation by this chapter.
Any area not within a fully enclosed building used for the
discharge of any firearm for recreational or training purposes which
is a commercial operation, or which is operated by any government
entity, private nonprofit entity, or any sportsman's, recreation
or fraternal club or association.
A group of independent (i.e., not dependent on each other
for operation) commercial establishments occupying spaces separated
by walls which are planned, constructed and managed as a total entity
with customer and employee parking provided on site, provision for
goods delivery separated from customer access, aesthetic considerations,
landscaping, and signs.
See Article XI.
An agricultural products processing 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. "Slaughterhouse" does not
include a custom butcher shop that does not involve killing of animals
which is considered a "retail business."
Rabbits, bees, insects, chickens, turkeys, ducks, geese,
pheasants, pigeons and any other similar animal.
A wind energy conversion system that is incidental and subordinate
to another use on the same parcel and supplying electrical power solely
for on-site use, which is intended to primarily reduce consumption
of utility power at that location and not for resale. Electrical infrastructure,
transmission lines and other pertinent structures of the facilities
shall be considered as part of the system.
A device or combination of devices, structure, or part of
a device or structure that transforms direct solar energy into thermal,
chemical, or electrical energy.
A device, combination of devices, structures, or part of
a device or structure that transforms direct solar energy into thermal,
chemical, or electrical energy which is sized and intended to be used
to generate electricity for the principal structure to which it is
accessory.
Equipment consisting of containers, heat exchangers, piping,
and other transfer mechanisms (including fluids, gases, or solids),
controls, and related structural support for transporting and storing
collected energy (from solar energy systems), including structural
elements designed for use in passive solar energy systems.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used), and components
for the distribution of transformed energy.
A facility where one or more solar collectors, and/or other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities are located and are used for the generation
of electricity which is sold on the open market.
Waste, including, but not limited to, municipal, residual,
construction/demolition or hazardous wastes (as defined by 25 Pa.Code
§ 271.1) including solid, liquid, semisolid or contained
gaseous materials.
Any facility or operation, other than a landfill, involving
the management, processing and/or disposal of solid waste including,
but not limited to, transfer facilities and incinerators. The term
does not include a "composting facility" or a "recycling facility"
as defined herein, or an accessory drop-off point or collection center
for recycling.
A facility using land for disposing of solid waste. The facility
includes land affected during the lifetime of operations including,
but not limited to, areas where disposal or processing activities
actually occur, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access
roads, associated onsite and contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a facility for the land application
of sewage sludge.
A facility which receives and processes or temporarily stores
solid waste at a location other than the generation site, and which
facilitates the transportation or transfer of the waste to a processing
or disposal facility. The term does not include a "composting facility,"
a "green box transfer station/recycling facility," a "recycling facility,"
or a "resource recovery facility" as defined herein, or an accessory
drop-off point or collection center for recycling.
The intensity in decibels measured by a sound-level meter
satisfying the requirements of American National Standards Institute
Specification for Sound-Level Meters S1.4-1971. Sound level is the
frequency-weighted sound pressure level obtained with the standardized
dynamic characteristic "fast" or "slow" and weighting A, B, or C;
unless indicated otherwise, the A-weighting is understood. The unit
of any sound level is the decibel, having the unit symbol dB.
The level of a constant sound which, over a given time interval
and situation, has the same sound energy as a time-varying sound.
A use in a particular zoning district to be allowed or denied
by the Zoning Hearing Board pursuant to public notice and hearing
and recommendation of the Township Planning Commission as authorized
by § 603(c)(1) of the Municipalities Planning Code.
A structure or land where horses are kept for remuneration,
hire, sale, boarding, training, riding or show, and which includes
the commercial hire of horses to the general public for riding or
other purposes.
An accessory structure or use of land where horses are kept
for the sole use of the residents of the principal structure, and
which includes no remuneration, hire, boarding or other commercial
use.
Any area where equipment, vehicles, supplies and/or other
material are assembled or stored for the support of another operation
or use located at a different site.
The Commonwealth of Pennsylvania and its agencies.
Those areas of land where the grade is 15% or greater. For the
purposes of this chapter, steep slopes are divided into two categories:
PRECAUTIONARY STEEP SLOPESAreas of land where the grade is 15% to 25%.
PROHIBITIVELY STEEP SLOPESAreas of land where the grade is 25% or greater.
Slope shall be measured as the change in elevation over the
horizontal distance between consecutive contour lines. For this chapter,
slope shall be measured over three two-foot contour intervals (six
cumulative vertical feet of slope). All slope measurements shall be
determined by a topographic survey signed and sealed by a registered
surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
A receptacle such as a wooden or metal box or a trailer of
a tractor trailer with wheels removed in which raw materials, products
or other items are stored.
An area, not on the same parcel where the products are initially
harvested or gathered, to which trees, forest products, flagstone,
landscaping stone, wall stone or other minerals are hauled and stored,
and which does not involve any land development, the operation of
a sawmill, the operation of any other wood manufacturing business,
or the operation of any natural resources processing.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
A basement shall be considered a story if it exceeds seven feet between
the surface of the floor and the upper surface of the floor next above.
A natural watercourse. See "watercourse."
A public or private thoroughfare, including the entire right-of-way,
which affords the principal means of vehicular access to abutting
property, including avenue, place, way, drive, lane, boulevard, highway,
road and any other thoroughfare except an alley.
The line dividing a lot from the full street right-of-way.
See "alteration."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Anything constructed, the use of which requires permanent
location on the ground, or attachment to something having a permanent
location on the ground.
Anything constructed that is not permanently affixed to the
ground but is designed to be moved from place to place.
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. [See Chapter 153 (Subdivision and Land Development) for details.]
The Kidder Township Subdivision and Land Development Ordinance, as amended. [See Chapter 153 (Subdivision and Land Development).]
The Board of Supervisors of Kidder Township.
A body of water or receptacle for water having a depth at
any point greater than two feet, which is used or intended to be used
for swimming or bathing and constructed or maintained in or above
the ground.
An establishment engaged in any of the following: (Considered
a "service establishment" for regulation by this chapter.)
The perforation or cutting of any human body part or tissue
and the placement of a foreign object in the perforation to prevent
the perforation from closing, but not including the use of mechanized,
presterilized ear-piercing system that penetrates the outer perimeter
or lobe of the ear.
The placement of indelible pigment, inks, or scarification beneath
the skin by use of needles for the purpose of adornment or art. This
does not include the practice of permanent makeup and micropigmentation
when such procedures are performed as incidental services in a medical
office or in a personal services establishment such as a hair or nail
salon.
The cutting or tearing of human skin for the purpose of creating
a permanent mark or design on the skin.
The use of heat, cold, or any chemical compound to imprint permanent
markings on human skin by any means other than tattooing.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and where the sale of food
may also occur. Considered a "restaurant" for regulation by this chapter.
A building erected on a lot for temporary use in conjunction
with construction on that lot.
The use of land or structure or building located on a lot
for a limited time as regulated by this chapter.
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use where patrons are seated in the building, but not including
an adult movie theater.
An area of land which may include accessory uses such as
the sale of snacks and which is devoted to the showing of motion pictures
which are viewed by persons in vehicles.
The Township of Kidder, Carbon County, Pennsylvania.
Any building, structure, service or use under the jurisdiction
of Kidder Township, Carbon County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for Kidder Township.
See "lot."
The tract area remaining when the specified constrained land
has been deducted from the gross tract acreage. ATA is used to calculate
both density and open space.
See "lot area, gross."
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily
provide state-required education to persons under age 16.
Occupancy of a dwelling unit or sleeping unit for not more
than 30 days.
Any building, premises, or land in which or upon which a
business or service involving the maintenance, servicing, storage,
or repair of automobiles, trucks, recreational and other vehicles
is conducted or rendered as a service to travelers, including the
dispensing of motor fuel or other petroleum products directly into
motor vehicles and the sale of accessories or equipment for trucks
and similar commercial vehicles, and which may include overnight accommodations
and restaurant facilities.
See "recreational vehicle."
The portion of the cartway used for normal movement of vehicles.
A single or one-way motor vehicle movement either to or from
a subject property or study area.
 |
The measure of the number of vehicles or passenger movements
that are or will be made between geographic areas.
The total of single or one-direction vehicle movements entering
and leaving a specified land use or site over a designated period
of time.
The total number of vehicle trip ends produced by a specific
land use or activity.
See "travel plaza."
See "distribution center/truck terminal."
Any building or premises or portions thereof used for commercial
purposes for washing any vehicle with more than two axles, or more
than four tires, or with a trailer.
The specific purpose for which land or a building is designed,
arranged, intended, or for which land is or may be occupied or maintained.
Any agency or entity that, under public ownership, or under
certificate of convenience and necessity issued by the Pennsylvania
Public Utility Commission, or by grant of authority by a governmental
agency, provides the public with electricity, gas, heat, steam, communication,
transportation, water, sewage collection, or other similar service.
Any dwelling unit rented for the purpose of overnight lodging
for a period of not more than four continuous months.
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway or upon any land,
including, but not limited to, automobiles, trucks, vans, buses, utility
trailers, tractors, truck tractors, recreational vehicles, motor homes,
travel trailers, motorcycles, snowmobiles, machinery, trailers, farm
machinery and implements, and other wheeled equipment; boats; and
aircraft.
An establishment which rents vehicles and/or equipment to
the general public, and which may or may not include the repair of
the vehicles and equipment which is for rent. Equipment rental operations
conducted entirely within an enclosed building shall be considered
a "retail business" for regulation by this chapter.
An establishment engaged in the service and/or repair of
any motor vehicle as its principal use including, but not limited
to, auto body shops, repair garages, truck repair garages and agriculture
equipment repair.
The use of any building, land area or other premise for the
display and sale of new and used automobiles of operable condition;
panel trucks or vans; mobile homes or trailers; recreation vehicles;
or farm or construction equipment including any warranty repair work
and other repair service as an accessory use. No business or facility
which generates less than 50% of its gross sales from the actual sale
of new or used vehicles or equipment of the type herein described
(excluding parts and repairs) shall be considered a vehicle and equipment
sales operation.
A place where animals or pets are given medical or surgical
treatment and the keeping of animals is limited to short-term care
incidental to the clinic use and no outdoor kennels, pens or paddocks
are on the premises.
A place where animals or pets are given medical or surgical
treatment and the keeping of animals is limited to short-term care
incidental to the clinic use with outdoor kennels, pens or paddocks
on the premises.
See "fence or wall."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail sales or a truck terminal.
Any natural or manmade freshwater pond, lake or stream. This
shall not include any pond or facility designed and constructed solely
to contain stormwater.
Any use which involves the pumping or removal of water from
groundwater sources, with or without bottling, for retail or wholesale
sale. Considered "industry" for the purposes of regulation by this
chapter.
A drinking water supply system in which drinking water is
carried to individual lots or dwelling units by a system of pipes
from a central source not located on any of the served lots and which
may be publicly or privately owned and operated.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on adjacent conservation
land via a use and access easement.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on the same lot.
A facility immediately adjacent to a water body or stream
that typically contains a submerged suction line, pumps, water main,
multiple hydrants, truck loading and staging area, and water storage
tanks, and which stores water on a temporary basis that is intended
to be transported by vehicle to another site, but not including dry
hydrants used by a fire company.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
A graded pad designed and constructed for the drilling of
one or more oil and/or gas wells.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, fens, and similar areas and which are defined
as such by the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands.
Establishments or places of business with no on site manufacturing
primarily engaged in selling merchandise to retailers; to industrial,
commercial, institutional, or professional business users, or to other
wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies.
Any species of animal whose natural or usual habitat within
Pennsylvania is either in the wild or in a zoo, as opposed to a domesticated
environment, regardless of whether such animal poses an actual or
apparent threat to persons, other animals or property.
A device that is intended to convert wind energy to mechanical
or electrical energy. The term WECS shall be used interchangeably
with the terms "wind turbine" or "windmill" with said terms having
the same meaning as a wind energy conversion system.
An electric generation facility whose 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 appurtenant structures
and facilities. The term does not include stand-alone wind turbines
or wind energy conversion systems as defined in this chapter which
are constructed primarily for residential or agricultural use.
The blades, plus the hub to which the blades are attached,
that are used to capture wind for the purpose of energy conversion.
The wind turbine is mounted on a pole or tower or other suitable structure
along with other generating and electrical equipment to form a wind
energy conversion system.
An establishment with facilities for fermenting and bottling
wine which does not meet the definition of a "winery, farm." Considered
"agricultural products processing" for regulation by this chapter.
An establishment located on a farm with a producing vineyard,
orchard, or similar growing area and producing wine on the premises
from grapes or other fruit grown primarily on the premises. It may
include tasting of wine produced on the premises; retail sales of
wine related items and gifts, books, souvenirs, specialty items relating
to history, original and handmade arts and products, collectibles,
crafts, and floral arrangements; and a "restaurant" or "restaurant,
outdoor" not involving any drive-in/stand use.
The importing of trees or other wood from any property to
any another property for producing wood chips. This may include the
storage of the cut trees and wood chips, and customers on the site
to purchase wood chips, but no other retail sales. This shall not
include the cutting by a property owner of trees growing on his property
for wood chip production or the temporary production of wood chips
accessory to a timber harvest. Considered "agricutural products processing"
for regulation by this chapter.
A tree mass or plant community in which tree species are
dominant or codominant and the branches of the trees form a complete,
or nearly complete, aerial canopy. Any area, grove, or stand of mature
or largely mature trees (i.e., larger than six inches DBH) covering
an area of 1/4 acre or more, or consisting of 10 individual trees
larger than six inches DBH, shall be considered a woodland. For the
purposes of this chapter, the extent of any woodland plant community
for any part thereof shall be measured from the outer-most drip line
of all the trees in the community. Woodlands do not include orchards
or old fields (former agricultural fields or pastures where natural
succession has been allowed to occur, but where most trees are smaller
than six inches DBH). Woodlands 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.
The area between the principal structure(s) and the adjoining
lot line or right-of-way. (See also "setback.")
A sale, open to the public, of new, used or previously owned
personal property, including but not limited to goods, wares, merchandise
and clothing, held on vacant property or on the lawn, yard, porch,
patio or in the garage or residence, or in the principal or outbuilding,
of the person who is conducting the sale. The buying and selling of
new or used items or surplus material shall be considered a commercial
operation and shall be prohibited, except as otherwise permitted and
regulated by this chapter.
The Zoning Hearing Board of Kidder Township.
The officially adopted Zoning Map of Kidder Township containing
zoning districts, together with all amendments subsequently adopted.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
The Kidder Township Zoning Ordinance, as amended (Chapter 180).
See "permit."
A collection of animals which are kept in cages or enclosures,
inside a building or outdoors, for exhibition or educational purposes
with or without charge.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 42 U.S.C. § 9601 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[5]
Editor's Note: See 65 Pa. C.S.A. § 701 et seq.
[6]
Editor's Note: See 35 P.S. § 750.1 et seq.
