Township of Hanover, PA Interpretations and Definitions

A subordinate building, the use of which is customarily incidental to that of the principal building and is used for an accessory use; and

ACCESSORY USE or ACCESSORY

Located on the same lot.

A use conducted on the same lot as a principal use to which it is related and located either within the same structures or in an accessory structure or as an accessory use of land.

Clearly incidental to, and customarily found in connection with, a particular principal use.

Either in the same ownership as such principal use or operated and maintained on the same lot for the express benefit of the owner, occupants, employees, customers or visitors.

One of, but not limited to, the following uses:

Residential accommodations for caretakers of institutions and large commercial or industrial uses.

ACTIVE ADULT RESIDENTIAL COMMUNITY

Keeping of domestic animals, such as dogs, cats, or other household pets, and in districts where agriculture is permitted, usual farm animals.

(c)

Domestic or agriculture storage customarily found in a barn, shed, tool room or similar structure.

(d)

In connection with commercial or industrial uses, the storage of goods normally carried in stock, used in, or produced by such uses, unless such storage is expressly prohibited under the applicable district regulations. The floor area used for such accessory storage shall be included in the maximum floor area permitted for the specified use.

(e)

The removal of loam, clay, sand, gravel or stone in connection with the construction of a building or other structure on the same lot, or in connection with the grading of the lot, for sale or other purposes. This use shall be limited to the removal of such excavated material above an elevation set one foot above the official Township street grade.

(f)

Accessory off-street parking spaces, open or enclosed, and accessory off-street loading berths.

(g)

Temporary and permanent signs.

(h)

Home occupation.

(i)

A small wind-energy system that conforms to Chapter 145, Small Wind-Energy Systems, of the Hanover Township Codified Ordinances.

[Added 5-26-2009 by Ord. No. 09-10]

A residential development that is age qualified in accordance with Federal Fair Housing Act regulations and in accordance with the provision of § 185-28.1 of this chapter, and which involves a unified development operated under common rules with private internal streets, landscaped areas along public streets, and private on-site recreational facilities. Only single-family dwellings and their community center and required recreation facilities shall be permitted within an active adult residential community.

[Added 3-22-2005 by Ord. No. 05-02]

ACUTE CARE HOSPITAL

An institution providing primary health services and medical and surgical care to persons, primarily inpatients, that includes care requiring overnight stays, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

[Added 9-25-2007 by Ord. No. 07-15]

ADULT ENTERTAINMENT FACILITY

An establishment open to the general public excepting minors under the age of 18, including, but not limited to, an adult book store, adult theater and any other facility whose purpose is to provide adult entertainment.

[Added 11-14-2006 by Ord. No. 06-10]

AGRICULTURAL OPERATION

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, apiary, 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, bees, bee products or commodities produced consistent with practices and procedures that are normally engaged in by farmers or consistent with technological development within the agricultural industry.

[Added 11-20-2001 by Ord. No. 01-12; amended 2-24-2009 by Ord. No. 09-02]

AGRICULTURE

The cultivation of soil and the raising and harvesting of products of the soil, including, but not limited to, nursery, horticulture, forestry and animal husbandry.

[Amended 2-24-2009 by Ord. No. 09-02]

ALTERATION

Any and all changes or additions in a nonstructural part of a building or other structure, but excluding normal maintenance.

Any change or replacement in the structural parts of a building or other structure.

ANIMAL HUSBANDRY

The breeding, care and production of farm animals, beekeeping, livestock and poultry.

[Amended 2-24-2009 by Ord. No. 09-02]

APIARY

Any place where one or more colonies or nuclei of bees are kept.

[Added 2-24-2009 by Ord. No. 09-02]

BED-AND-BREAKFAST HOME

A private, single-family detached dwelling unit which provides overnight sleeping accommodations and bathroom access for not more than eight temporary guests at one time and provides breakfast (but no other meals or cooking or kitchen facilities or access) to guests for a per-night charge, provided that individual guests do not stay longer than seven days.

[Added 7-26-2005 by Ord. No. 05-09]

BEE

Any stage of the common hive or honeybee (Apis mellifera) or other species of the genus Apis.

[Added 2-24-2009 by Ord. No. 09-02]

BETTING PARLOR

An indoor establishment in which legal betting activities, authorized by statute, are conducted, including pari-mutuel wagering activities but excluding "games of chance" under the Local Option Small Games of Chance Act, 10 P.S. § 311 et seq. The term shall specifically include "nonprimary locations" as defined in the Race Horse Industry Reform Act, as amended, 4 P.S. § 325.101 et seq.

[Amended 2-12-2002 by Ord. No. 02-01]

BEVERAGE/ BOTTLING WORKS

Manufacturing and packaging of ready-to-drink (nonalcoholic) beverages such as carbonated soft drinks, water, flavored water, sparkling water, fruit juices, coffee, tea and similar beverages.

[Added 2-23-2021 by Ord. No. 21-1]

BILLBOARD

See the definition of "sign, advertising" of this section. A billboard shall be any advertising sign with a total sign area greater than 30 square feet.

BREW PUB

A retail establishment with on-premises consumption of malt and brewed beverages produced on the premises or on real property immediately adjacent to the premises or at a remote location where the brew pub owner also has an ownership interest in the microbrewery that produces the malt and brewed beverages being consumed at the brew pub. The brew pub must be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth.

[Added 11-22-2016 by Ord. No. 16-06; amended 5-9-2017 by Ord. No. 17-05]

BUILDER

The owner, developer, or agent of an owner engaged in the construction of any building or structure.

BUILDING

Any structure which is permanently affixed to the land, which has one or more floors or stories enclosed by walls and a roof, and which is bounded by either lot lines or yards. A building shall not include a mobile home, or trailer, nor such structures as billboards or fences.

BUILDING HEIGHT

The vertical distance from the average finished grade level of the ground immediately adjacent to the building to the highest point of the roof.

BUILDING SETBACK LINE

The line within a lot or property defining the minimum required distance between the principal building and an adjacent right-of-way or lot line.

BULK

The size of buildings or other structures and their relationship to each other, to required yards, and to lot lines.

Bulk includes size, height, floor area, and lot coverage of a building or other structure.

CALL CENTER AND/OR TELEMARKETING FACILITY

Bulk includes the relationship between a number of dwelling units in a residential structure to the area of a lot.

Any building or facility or part thereof where the majority of employees are engaged in the business of providing customer service, and/or marketing of goods and services through the use of a telephone.

[Added 2-19-2002 by Ord. No. 02-02]

CAREGIVER

The individual designated by a patient to deliver medical marijuana.

[Added 12-20-2016 by Ord. No. 16-08]

CAR WASH

A car wash is any structure containing either an automated train-driven facility or one or more self-service bays, for the washing and waxing of automobiles, which shall specifically not include the washing and waxing of trucks and/or trailers.

CELLULAR TELEPHONE

A system providing portable telephone service to specific subscribers.

CENTRALIZED WATER SUPPLY

See "water supply, centralized."

CERTIFIED MEDICAL USE

The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth pursuant to the Act.

[Added 12-20-2016 by Ord. No. 16-08]

CLINICAL REGISTRANT

An entity that:

[Added 12-20-2016 by Ord. No. 16-08]

Holds a permit both as a grower/processor and a dispensary pursuant to the Act; and

COMMERCIAL COMMUNICATIONS TOWER AND/OR ANTENNA

Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.

A structure used for transmitting or retransmitting commercial signals including, but not limited to, electronic signals. Commercial communications antenna shall include, but is not limited to, antenna used for transmitting commercial radio or television signals, or to receive such signals for a cable system or for transmitting telephone communications or personal service communications.

COMMONWEALTH

The Commonwealth of Pennsylvania.

[Added 12-20-2016 by Ord. No. 16-08]

COMMUNITY BLOOD CENTER FACILITY

A facility duly licensed as a blood bank by the Department of Public Health of the Commonwealth of Pennsylvania pursuant to the Pennsylvania Blood Bank Act, Act of December 6, 1972, P.L. 1614, as amended, 35 P.S. § 6501 et seq., and duly licensed as a blood center by the Food and Drug Administration engaging in the collection, testing, processing, storing, transfusing and/or distribution of human blood, blood components and by-products, medical laboratory testing of human tissue, blood and blood components, the education of the general public and the medical community in matters relating to human blood and blood banking, and/or the provision of blood-related services, obtaining blood and blood components through the voluntary donations of human blood, and blood components from the general public of the geographic area served (which includes the Township) and making available human blood, blood components and blood by-products to the general public of the geographic area served (which includes the Township) through hospitals, medical or health facilities, physicians or other providers of health care.

CONSUMER FIREWORKS

[Added 11-27-2018 by Ord. No. 18-08]

Any combustible or explosive composition or any substance or combination of substances which is intended to produce visible or audible effects by combustion, is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted throughout the Township.

DEALER VEHICLE STORAGE FACILITY

The term does not include devices such as "ground and handheld sparkling devices," "novelties" or "toy caps" in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted at all times throughout the Township.

CONVENIENCE STORE

A retail store selling principally food (including prepared food for consumption off of the premises), general household products and sundries having a gross sales floor area not exceeding 6,000 square feet and having extended hours of operation intended for the convenience principally of those living or working within a radius of three miles from the store, but which may also service transient traffic. A convenience store may include the sale of gasoline fuel products as an accessory use.

DAY-CARE CENTER

Any profit or nonprofit use or building which provides care for four or more children or adults on a regular basis, during a portion of the day or night, for the purpose of relieving the individual's legal guardian of that care responsibility. A day-care center is not a school or church, nor is it a permissible accessory use of a school or church, nor is it a permitted accessory use of a residence.

An accessory, off-site parking area utilized by an automobile sales and service agency for the temporary storage prior to sale of new and preowned automobiles and light trucks.

[Added 10-22-2019 by Ord. No. 19-08]

DEVELOPER

Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit issued by the Department of Health (DOH) of the commonwealth to dispense medical marijuana pursuant to the provisions of the Act.

[Added 12-20-2016 by Ord. No. 16-08]

DISPENSARY FACILITY

Any building or structure used to dispense medical marijuana by a licensed dispensary.

[Added 12-20-2016 by Ord. No. 16-08]

DISPLAY FIREWORKS

Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes, but is not limited to:

[Added 11-27-2018 by Ord. No. 18-08]

Salutes that contain more than two grains or 130 milligrams of explosive materials;

Aerial shells containing more than 60 grams of pyrotechnic compositions; and

DWELLING UNIT OR DWELLING

Other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose and use of hazardous materials table).

DISTILLERY

Includes any premises or plant wherein alcohol or liquor is manufactured, made and distilled from raw materials, blended or rectified, or any place wherein alcohol or liquor is produced by any method suitable for the production of alcohol for human consumption under such regulations as are or may be promulgated by a proper agency of the United States Government. The term shall not include a winery where alcohol is derived from by-products of wine production by distillation for the sole purpose of adding to the fermented products to fortify the same.

[Added 5-9-2017 by Ord. No. 17-05]

DISTRICT

A zoning district as defined by this chapter and the Zoning Map.[6]

DRIVE-IN SHOPPING

A shopping facility that allows customers to access sales or services without leaving their motor vehicles. Drive-in shopping shall be designed as an accessory use subordinate to a traditional shopping facility.

[Added 4-28-2009 by Ord. No. 09-09]

One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family.

DWELLING UNIT TYPES

SINGLE-FAMILYA single-family dwelling unit, excluding mobile homes, which occupies the structure from ground to roof with independent access, services, and use of land.

DETACHEDEach structure has open yard on all four sides.

SEMIDETACHEDOne wall of each structure is a party wall in common with an adjoining structure, and with independent access to each structure.

ATTACHEDMore than one wall are party walls except for end structures. A maximum of eight dwelling units shall be attached in one structure.

ELECTRONIC CONTROLLED SIGN

GARDEN APARTMENTSStructures containing one or two stories of dwelling units, in which not more than four dwelling units per floor are serviced by one staircase.

A sign that is capable of being programmed for timed alteration of a message display which is controlled electronically, and provided the following conditions are complied with:

[Added 1-22-2008 by Ord. No. 08-02]

The message display shall not change more than once every 60 minutes unless being controlled by a government agency for emergency purposes;

Message display shall change as quickly as possible, without fading in/out, scrolling or any form of animation;

Sign shall incorporate an automatic brightness control system that automatically adjusts the display brightness and intensity to an appropriate level for existing ambient light conditions. Failure of the ambient light sensing circuitry shall result in the sign setting display intensity to the minimum level;

Sign shall utilize a nonglare face combined with flat-color borders and backgrounds to prevent any reflection of low-level sunlight or approaching vehicle headlamps;

Sign shall incorporate a sign display failsafe feature that shall completely power down the display if the display panel features malfunction;

(6)

Sign shall not display a color that could be mistaken for a traffic signal; and

(7)

The company controlling the sign shall join the Pennsylvania Emergency Managers Network and/or be NTCIP compatible for remote interface for a government agency to take control of the sign in an emergency.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in size of a structure, or an increase in that portion of a tract of land occupied by an existing use.

FAMILY

An individual living as a single housekeeping unit, a number of persons related by blood, marriage or legal adoption living together as a single housekeeping unit or residents of a "group home" (as defined herein) living together as a single housekeeping unit.

[Amended 9-27-2011 by Ord. No. 11-10]

FARM

A parcel of land at least 10 acres in size devoted to one or more of the following:

Agricultural uses, including appurtenant dwellings, buildings, and structures.

FLOOD (ONE-HUNDRED-YEAR FLOOD)

Accessory occupations and uses customarily found with agriculture including lodging and serving of meals to farmhands.

FARMHOUSE

(Includes tenant house.) Any dwelling incidental to the operation of a farm as defined herein.

FENCE

(See also "hedge" and "wall.") An enclosure or enclosing barrier intended to prevent intrusion, or for the purpose of protection from potential danger. Constructed of wood, metal or other materials permitting clear vision around and through the completed installation. Fence shall not include privacy screen(s).

FIREWORKS SALE FACILITY

A facility where consumer fireworks are available for retail sale.

[Added 11-27-2018 by Ord. No. 18-08]

FLOOD FRINGE

That portion of the floodplain outside the floodway.

A flood which, on the average, is likely to occur once in every 100 years (i.e., it has a one-percent chance of occurring each year, although the flood may occur in any year); for the purposes of this chapter, the regulatory flood.

FLOODPLAIN

A relatively flat or low land area adjoining a river, stream, or watercourse, which is subject to partial or complete inundation.

FORM OF MEDICAL MARIJUANA

An area subject to the unusual and rapid accumulation or runoff of surface waters from any course.

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

FLOOR AREA

The sum of the gross area of all floors of a building.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

[Added 11-20-2001 by Ord. No. 01-12]

The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variant and quantity or percentage of medical marijuana or particular active ingredient.

[Added 12-20-2016 by Ord. No. 16-08]

GARAGE OR PARKING GARAGE

A building or part thereof used for the storage or parking of one or more automobiles.

PRIVATE GARAGE or PRIVATE PARKING GARAGEAn accessory structure, either attached or separate to a principal building, used by inhabitants of a dwelling unit for the storage of automobiles.

GASOLINE SERVICE STATION OR SERVICE STATION

PUBLIC GARAGE or PUBLIC PARKING GARAGEA structure or accessory structure used for the temporary storage of motor vehicles.

An area of land together with structures thereon used for the retail sale of motor fuel and/or lubricants and incidental services, if any, such as motor vehicle inspection, lubrication, sale and installation of tires, batteries or other automotive accessories and minor repairs to motor vehicles.

GENERAL OFFICE

The use of a building or part of a building by a corporation or other business entity or person for the day-to-day management, administration, clerical functions, financial transactions, bookkeeping, and other functions of a business. Specifically excluded from "general office" are professional practice office uses, retail sales, the display of any merchandise, and the keeping or storage of any equipment intended for off-site use.

[Added 10-28-2014 by Ord. No. 14-08]

GROUP HOME

A dwelling unit, which meets all of the following criteria:

[Added 9-27-2011 by Ord. No. 11-10]

Involves persons functioning as a common household;

Involves providing nonroutine support services and oversight to persons who need such assistance to avoid being placed in an institution, because of physical disability, old age, mental retardation/developmental disability or other "handicap" as defined by the applicable federal law. The 1991 Amendment to 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 Section 802 of Title 21." This definition was subsequently adjusted by the Americans With Disabilities Act in regards to substance abuse;

Does not meet the definition of "treatment center" or a "dormitory";

Does not involve the housing or treatment of persons who could reasonably be considered a "threat to the physical safety of others." Should the Township believe that a person constitutes such a threat, the Northampton County Department for Mental Health and Mental Retardation shall make said determination of whether a person can be reasonably considered a "threat to the physical safety of others"; and

GROWER/PROCESSOR FACILITY

Meets the standards of § 185-22I.

GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit from the DOH to grow and process medical marijuana in the commonwealth, pursuant to the provisions of the Act.

[Added 12-20-2016 by Ord. No. 16-08]

Any building or structure used to grow medical marijuana by a licensed grower/processor that has a current and valid license from the DOH pursuant to the Act.

[Added 12-20-2016 by Ord. No. 16-08]

HEDGE

(See also "fence" and "wall.") Plant life material used as a separator for a privacy screen.

HEIGHT OF BUILDING

See "building height."

HEIGHT OF TOWER

The overall height of the commercial communications tower and/or antenna from the base of the tower and antenna to the highest point of the tower and/or antenna, including, but not limited to, antennas, transmitters, satellite dishes or any other structures affixed to or otherwise placed on the tower and/or antenna. If the base of the tower and/or antenna is not on ground level, the height of the tower and/or antenna shall include the base of the building or structure to which the tower and/or antenna is attached.

HOSPITAL OR MEDICAL CENTER

An institution providing primary health service and medical and surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

[Amended 7-26-2005 by Ord. No. 05-09]

HOTEL

See "motel."

HOTEL CONVENTION CENTER

A building or group of buildings which includes:

[Added 7-24-2007 by Ord. No. 07-11]

Accommodations for transient guests, without regard to whether the building or group of buildings contains one or more dwelling units; and

LIGHT INDUSTRIAL OR MANUFACTURING

Facilities for trade, consumer and recreational shows, expositions, meetings, conferences, banquets, with or without food, and live entertainment events, concerts or similar events, but excluding betting parlors.

LANDOWNER

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, if he is authorized under the lease to exercise the rights of the landowner, or any other person having a proprietary interest in the land.

[Amended 2-12-2002 by Ord. No. 02-01]

Any industry or manufacturing facility which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light, beyond the limits of its lot, and which does not include any open storage yards or outdoor processing of materials.

LIMITED DISTILLERY

A distillery that produces less than 100,000 gallons of distilled liquid per year and has the right to sell bottled liquors on the leased premises to Liquor Control Board licensees and the public.

[Added 5-9-2017 by Ord. No. 17-05]

LIMITED SERVICE HOTEL AND MOTEL ESTABLISHMENT

A building or group of buildings, whether detached or in connected units, used as sleeping or dwelling units.

LIMITED WINERY

A winery with a maximum output of 200,000 gallons per year.

[Added 5-9-2017 by Ord. No. 17-05]

LOT

One of the following:

A lot of record existing at the effective date of this chapter.

A tract or parcel of land, either unsubdivided or consisting of two or more contiguous lots of record, located within a single block, which, on the effective date of this chapter or any applicable amendment thereto, was in single ownership.

Sublot. A lot shown on an approved subdivision plan that is not large enough for building or land development by itself without merging with adjacent land.

LOT AREA

The total projected horizontal area of a lot, but excluding space within all dedicated or recognized Township streets or rights-of-way, and within all permanent drainage easements, or within a floodway or a flood fringe, but including the areas of all other easements.

[Amended 2-12-2002 by Ord. No. 02-01]

LOT COVERAGE

A percentage which, when multiplied by the lot area, will determine the total building and surfaced area permitted. In all districts, "lot coverage" shall mean any surfaced area other than plant life or water surface; provided, however, that "lot coverage" shall include the entire water surface area of completed swimming pools pursuant to § 176-4B, of Chapter 176, Water Hazards, Exposed.

[Amended 2-12-2002 by Ord. No. 02-01]

LOT LINES

FRONT LOT LINEThe street line separating the lot from the street, highway or road right-of-way.

REAR LOT LINEAny lot line, except the front lot line, which parallels (within 45°), but does not intersect any street line.

When any alley exists at the rear of the lot, the rear lot line shall coincide with the recorded boundary of such alley as shown on the Township's tax maps.

In the case of a corner lot, where no separate rear lot line exists, the owner (builder) must designate a side lot line as a rear lot line.

MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE

SIDE LOT LINEAny lot line not a front lot line or a rear lot line.

LOT WIDTH

The horizontal distance between the side lot lines, measured along the building setback line and parallel to the front lot line.

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the commonwealth and the provisions of the Act.

[Added 12-20-2016 by Ord. No. 16-08]

Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more grower/processor facilities and/or dispensary facilities.

[Added 12-20-2016 by Ord. No. 16-08]

MEDICAL MARIJUANA FACILITY

A dispensary facility or a grower/processor facility.

[Added 12-20-2016 by Ord. No. 16-08]

MEDICAL OFFICE

A building used primarily by physicians and dentists for treatment and examination of patients, provided that no overnight patients shall be kept on the premises.

[Added 7-26-2005 by Ord. No. 05-09]

MICROBREWERY

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.

[Added 11-22-2016 by Ord. No. 16-06; amended 5-9-2017 by Ord. No. 17-05]

MINERALS

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.

[Added 11-20-2001 by Ord. No. 01-12]

MOBILE HOME

A transportable dwelling, office, or place of assembly 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 the 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.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.

MOTEL OR HOTEL

A building or group of buildings, whether detached or in connected units, used as sleeping or dwelling units designed, used, or constructed for transient occupancy.

MULTIPLE-FAMILY BUILDING

A building designed, arranged, or used by two or more families living independently of each other as separate housekeeping units.

NONCONFORMING BUILDING OR STRUCTURE, LAND, USES

NONCONFORMING BUILDING OR STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING LANDAny otherwise lawful lot which does not conform to one or more of the applicable area regulations of the district in which it is located, either on the effective date of this chapter or as a result of a subsequent amendment thereto.

NONCONFORMING USESA use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

OFFICIAL TOWNSHIP MAP

The plan of streets, Township land, watercourses, and recreation areas currently ordained by Hanover Township, Northampton County, as described in the Pennsylvania Municipalities Planning Code, Article IV.[7] This is to include amendments thereto, which may be approved from time to time.

OPEN SPACE

Publicly owned parks, tree lines, woods, drainage swales, floodplains, and recreation areas. In multiple-family developments, open space may also include open areas intended for the use of all the residents within the specified development, excluding driveways, parking areas and streets.

OWNER

See "landowner."

PARKING

PARKING AREAA lot or part thereof comprised of parking spaces used for the parking of motor vehicles, with or without the payment of rent or other charges.

PARKING SPACESA space intended for one automobile with the minimum dimensions of 10 feet by 18 feet for residential use and commercial use parking, and nine feet by 18 feet for employment use parking. To qualify as a parking space, this space shall have a surface which is dustless and all-weather. A parking space may be enclosed; it is then known as a "garage."

HANDICAPPED PARKING SPACESA parking space with the minimum dimensions of 12 feet by 20 feet, intended for one vehicle. These minimum dimensions will be the same for residential, commercial and employment uses, and these spaces shall be designated as handicapped parking spaces.

PLANTING STRIP

SIDE AND/OR REAR PLANTING STRIPA side or rear perimeter area within a lot, planted in accordance to Chapter 67, Construction Standards, and maintained in continuously good order.

PRIVATE ENTERTAINMENT/RECREATION COMPLEX

FRONT YARD PLANTING STRIPA front perimeter area within a lot planted with trees and shrubbery and maintained in continuously good order in such a manner as to form a year-round green strip of vegetation.

POSTSECONDARY SCHOOL

Any private postsecondary school or institution operated other than by a public body and which includes colleges, universities, junior colleges, career schools, technical schools and vocational/trade schools which offer classes, courses or training and postsecondary education or training.

[Added 10-14-2008 by Ord. No. 08-10A]

PRINCIPAL BUILDING

The main building on the lot as designated by the Zoning Administrator.

PRIVACY SCREEN

The structure as more specifically defined under § 185-25C(4)(a) et seq. of this chapter, including the requirements contained therein.

A building or group of buildings designed, intended or used primarily for athletic events and other performances, including live entertainment events, and containing seating for spectators of these events, concerts and similar events, but specifically not including betting parlors.

[Added 7-24-2007 by Ord. No. 07-11]

PRIVATE SCHOOL

Any state accredited elementary, middle, junior high, high or senior high school operated by other than a public body and any nursery school operated by other than a public body. "Private school" includes parochial school and includes any nursery school or other private school operated by any church or religious organization. "Private school" does not include religious meetings and/or educational facilities that may be used by any one group or class on a weekly or biweekly basis, when such facilities are accessory to a church or other place of worship.

PROFESSIONAL PRACTICE OFFICE

An office occupied by a person or persons (together with related staff) who have received professional training, to include doctors, dentists, lawyers, engineers, architects, certified public accountants, psychologists and similar occupations.

[Added 7-26-2005 by Ord. No. 05-09]

PROPERTY/FACILITY MANAGEMENT BUSINESS

A business that operates to maintain and manage facilities and properties owned by others. Principal operation may include some or all of the following: grass, tree and landscape maintenance and management; landscape design and construction; snow and ice removal; asphalt repair and maintenance; building repairs and maintenance; painting and other similar work.

[Added 10-22-2019 by Ord. No. 19-07]

PROPERTY/FACILITY MANAGEMENT FACILITY

A facility from which a property/facility management business operates and may include office space, fitness areas and similar amenities for employee use, garage space and storage space. The facility may also include the storage of landscape and hardscape materials and supplies; plant and landscape nursery, including greenhouses; storage of yard waste and composting material; outdoor storage, washing and fueling of vehicles and equipment owned or used in the operation of the business.

[Added 10-22-2019 by Ord. No. 19-07]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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 or less than seven days from the date of the hearing.

[Amended 2-12-2002 by Ord. No. 02-01]

PUBLIC SEWAGE AND PUBLIC WATER

PUBLIC SEWAGE or PUBLIC SEWAGE SYSTEMA sewage disposal system or parts thereof owned, leased from, or operated by a municipality or public authority.

SHOPPING CENTER/COMMERCIAL CENTER

PUBLIC WATER or PUBLIC WATER SUPPLYA water supply or parts thereof owned, leased from, or operated by a municipality or public authority.

PUBLIC UTILITY

A utility as defined under the Pennsylvania Public Utility Code, as amended, and which has obtained a certificate of public convenience from the Pennsylvania Public Utility Commission and which currently is in good standing.

REGISTRY

The registry established by the DOH for all medical marijuana organizations and practitioners in the commonwealth pursuant to the provisions of the Act.

[Added 12-20-2016 by Ord. No. 16-08]

RESIDENTIAL BUILDING

Any building designed, constructed, or used for residential purposes.

SERVICE SUPPORT AREA

An area of personal service shops, restaurants (excluding drive-in restaurants), convenience stores and/or health clubs intended to serve both the employees of the offices and other permitted uses and the surrounding community.

A group of commercial establishments, planned and developed as a unit related in location, size, and type of shops to the trade area which the unit serves; it provides on-site parking in definite relationship to the types and sizes of stores.

SIGN

Any letter, word, model, picture or device intended as an announcement, direction, advertisement, or intended to convey information or attract attention.

A sign includes those in window display areas, sign frames, billboards, sign boards, painted wall signs, hanging signs, flashing signs, illuminated signs, pennants, fluttering and rotating devices, string of lights and similar devices.

A sign does not include property number designations not exceeding one square foot in area, mailboxes, official flags and insignias of any government or governmental agency, or of any political, charitable, civic or religious organization unless when displayed in connection with a commercial promotion of any type.

A sign does not include legal notices, identification, informational or directions signs erected or required by governmental bodies.

SIGNS, ADVERTISING, BUSINESS AND TEMPORARY

A sign does not include notices of less than four square feet devoted entirely to prohibiting trespassing, hunting, or fishing.

[Amended 1-22-2008 by Ord. No. 08-02]

SIGN, ADVERTISINGA sign offering goods or services produced or available somewhere other than the lot on which the sign is located. See also the definition of "billboard" in this section.

SIGN, BUSINESSA sign offering goods or services available on the lot on which the sign is located.

SIGN, TEMPORARYA business sign offering premises for sale, rent, or development, or a business sign advertising the services of a building trade, contractor and similar occupations during alterations, construction or development of a building or lot.

SIGN, BANNERA temporary cloth, fabric or vinyl type of sign that is used for promotional purposes.

SMALL WIND-ENERGY SYSTEM

All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers and one or more wind turbines or windmills, which have a combined total rated nameplate capacity of 100 kilowatts (kW) or less.

[Added 5-26-2009 by Ord. No. 09-10]

SOIL SURVEY

A scientific survey of soil conditions and characteristics prepared by a registered professional engineer or soil scientist, or prepared by the Soil Conservation Service or its agent.

SOLAR ENERGY

Radiant energy (direct, diffuse, and reflected) received from the sun.

[Added 8-24-2010 by Ord. No. 10-06]

SOLAR ENERGY SYSTEM

Any solar collector or other solar energy device, or any structural design feature whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity that may be mounted on a building or on the ground and is not the primary use of the property.

[Added 8-24-2010 by Ord. No. 10-06]

SOLAR PANELS

A solar photovoltaic panel, solar hot air or hot water panel collector device, or other type of solar energy system which relies upon solar radiation as a source for the generation of electricity or transfer of stored heat.

[Added 8-24-2010 by Ord. No. 10-06]

SPECIALTY COFFEE SHOP

An establishment of no more than 2,000 square feet gross area, engaged principally in the sale of coffee and other hot beverages (all nonalcoholic) for consumption on the premises or for carry-out, which may also include the sale of a limited number of food items associated with hot beverages.

[Added 7-26-2005 by Ord. No. 05-09; amended 8-9-2005 by Ord. No. 05-10]

STORAGE BUILDING

Any building or structure whose exterior elevation view, as viewed from any side, contains more than 30% of the perimeter linear feet of wall as doors, at or near ground level and whose primary purpose is short- or long-term storing or warehousing.

STREET

A strip of land including the entire right-of-way (not limited to the cartway or traveled portion). "Street" includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic and pedestrians, whether public or private. A street includes any publicly used cartway, so shown on the Official Township Map.

ARTERIAL STREETA street or road which is so designated by the Township Engineer or designated on the Township of Hanover Official Map, and which has a minimum right-of-way width of 100 feet and minimum paving width of 38 feet and is designated to carry traffic to and from local and collector streets.

STREET RIGHT-OF-WAY LINE OR STREET LINE

EXPRESSWAYS.R. 0022 and any of its associated access and egress ramps.

A dividing line (commonly known as a "right-of-way line") between a lot and a street or a boundary of a publicly used cartway as shown on the Official Township Map or the proposed right-of-way as shown on this map, whichever is more restrictive.

STRUCTURE

Any man-made object or building having an ascertainable stationary location on land or water, whether or not affixed to the land, including parking lots, parking spaces and driveways.

STRUCTURE HEIGHT

Vertical distance from grade level to the highest point of the structure.

SUBDIVISION

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.

[Amended 2-12-2002 by Ord. No. 02-01]

TEMPORARY USE AND STRUCTURE

A use and structure established for a limited duration to be discontinued upon the expiration of the time period. Temporary uses usually do not involve the construction or alteration of any permanent building or structure.

[Added 11-27-2018 by Ord. No. 18-08]

TOWNHOUSE

A single-family dwelling unit which shares one or more common walls, or parts thereof, with another single-family dwelling unit.

TREES

SHADE TREEAny deciduous tree as specified on a shade tree list which is approved, from time to time, by resolution of the Board of Supervisors (or any tree which is otherwise approved by the Board of Supervisors) and is located within:

Any public street or highway right-of-way; or

Any planting easement adjacent to a public street or highway; or

(c)

Any public lands; or

(d)

Any of the following:

[1]

Any designated tree planting or protection easement.

[2]

Any designated planting easement or strip.

[3]

Any designated landscaping easement or strip.

[4]

Any designated landscaping buffer strip or area.

STREET TREEAny shade tree located within the right-of-way of any public street or adjacent thereto in a planting easement, or that part of any tree, shrub or other woody plant which extends within the right-of-way of any public street.

EXISTING TREEAny live deciduous tree with a trunk of four inches or more in diameter when measured at 41/2 feet above the ground and not otherwise classified and regulated as a shade tree and/or street tree in this chapter.

TREE DRIPLINEThe line on the ground marking the horizontal limit of the branches of the tree.

WOODLANDSA parcel of land or portion of a lot that is covered with existing trees, as determined by the limit of their dripline, and meeting or exceeding the following area and density of trees:

Twenty thousand square feet or more in area in any geometric configuration.

WATER SUPPLY, CENTRALIZED

Containing one or more existing trees per 1,000 square feet as located by the limit of their dripline.

TRUCK TERMINAL

UNIFIED SITE PLAN

Plan depicting an entire development within a Planned Industrial/Business District, a Planned Office, Research and Residential District, an Office and Institutional District or the commercial districts, which is intended to be initially developed, either at one time or in phases, by a single owner or by a group of related entities, which plan may be supplemented and amended from time-to-time to add additional land to the development or to modify the elements of such development.

USE

Any purpose for which a building or other structure or a tract of land is designed, arranged, intended, maintained or occupied. A use is also any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or a tract of land.

WALL

(See also "fence" and "hedge.") A work or structure intended for security or privacy from outside intrusion. Constructed of stone, brick or other materials forming a solid enclosure.

The Westgate Hills Water Company or the Village View Gardens Water Company.

WELLNESS CENTER

A facility designed to promote health awareness and maintenance through a variety of programs and services tailored to a range of individual needs in which any combination of the following activities are provided:

[Added 11-14-2006 by Ord. No. 06-10; amended 3-13-2007 by Ord. No. 07-04]

Individual or group counseling.

Individual or group instruction on physical fitness and nutrition education.

Nutritional consultation.

Stress management.

Classes on personal hygiene.

(6)

Other similar noninvasive health-related activities.

(7)

Physical therapy.

(8)

Massage therapy.

(9)

Cardiac habilitation therapy.

(10)

Fitness exercises.

(11)

Weight training.

(12)

Aerobics and other exercise programs.

(13)

Similar therapy or exercise activities.

(14)

Medical practice offices.

(15)

Retail shops, restaurants and specialty coffee shops, provided that such uses shall be limited to 25% of the total floor area of the permitted use and shall not exceed a combined total of 10,000 square feet of floor area.

(16)

Conference rooms.

WINERY

Includes any premises and plants where any alcohol or liquor is produced by the applicable process by which wine is produced, or premises and plants wherein liquid such as wine is produced; and shall include the manufacture by distillation of alcohol from the by-products of fermentation when the alcohol so derived is used solely to fortify the fermented products, under such regulations as are or may be promulgated by a proper agency of the United States Government, and such alcohol, for that purpose only, may be sold or exchanged between wineries holding permits in this commonwealth, without restriction.

[Added 5-9-2017 by Ord. No. 17-05]

YARD

That portion of a lot which is unoccupied and open to the sky between the street right-of-way line or lot line and a required building setback line.

YARD, FRONTA yard extending along the full length of the front lot line or street right-of-way line; the more restrictive line shall govern actual location of building setback line.

YARD, REARA yard extending along the full length of the rear lot line.