Unless the context otherwise requires, the following
definitions shall be used in the interpretation of this chapter. Words
used in the present tense shall include the future; the singular shall
include the plural, and the plural the singular; the word "person"
shall include a corporation, partnership, trust, company, organization,
firm and association as well as an individual; the word "lot" shall
include the words "plot" and "parcel," the term "shall" is mandatory,
the word "may" permissive; and the word "used" or "occupied" as applied
to any land or building shall be construed to include the words "intended,
arranged, or designed to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
The visible or otherwise apparent discontinuance of a nonconforming
use of a building or premises, or the removal of the characteristic
equipment or furnishings used in the performance of a nonconforming
use without its replacement by similar equipment or furnishings, or
the replacement of the nonconforming use or structure.
A means, other than a street, which provides vehicular access
from a street or public road to a lot, i.e., a driveway.
See "building, accessory."
[Added 9-20-2010]
A residential dwelling unit which is accessory to the principal
commercial use of a lot in the Commercial Office and Commercial Highway
Districts, i.e., apartment(s) located above or adjoining a retail
establishment.
An area of land or other area used for a solar energy system
used to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for on-site
use, which is accessory to the principal structure. Ground-mounted
or freestanding solar energy systems with an output size of not greater
than 10 kw shall be considered accessory solar energy systems. Roof-mounted
solar energy systems on the roofs of buildings on-site used primarily
for on-site use shall have no limit as to power output. An accessory
solar energy system consists of one or more freestanding ground- or
roof-mounted solar arrays or modules or solar-related equipment and
is intended to primarily reduce on-site consumption of utility power
or fuels for use on-site by the generator.
[Added 12-20-2021 by Ord. No. 2021-1220]
See "structure, accessory."
See "use, accessory."
See "warehousing facility."
The Agriculture, Communities and the Rural Environment Act,
Act 38 of 2005, which was enacted and became effective July 6, 2005.
The act is also known as the ACRE Law or Act 38.
[Added 9-20-2010]
Physically touching or bordering on another lot, use or district
boundary.
Adult bookstores, adult theaters, adult massage parlors and
similar establishments providing entertainment of a sexual nature.
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, data
and/or applications to the Zoning Officer or other designated Township
official for the purpose of obtaining approval thereof.
An independent business, not subsidiary to an agricultural
operation, which is related to the processing or sale of agricultural
products or supplies, or the sale and/on repair of agricultural equipment.
[Added 9-20-2010]
A detached accessory structure, whether fully or partially
enclosed, intended to provide housing, shelter, enclosure or support
for animals, farm equipment, farm supplies or produce, grain, feed,
etc. Such building shall be incidental and accessory to the type of
farming activities conducted upon the property containing the building
or on other properties owned or leased by the same farmer and shall
not be used for residential purposes.
The management and use of farming resources for the production
of crops, livestock or poultry.
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 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. (See also "normal agricultural operation.")
[Added 9-20-2010]
The use of land for agricultural purposes, including crop
farming, dairying, pasturage, apiculture, horticulture, floriculture,
viticulture, aquaculture, forestry, animal and poultry husbandry,
and the accessory buildings or structures used for packing, treating,
or storing that which is produced; provided, however, that the operation
of any such accessory use shall be secondary to that of the normal
agricultural activities. (See also "agri-business," "animal husbandry,"
"farm," "farm-related business" and "normal agricultural operation.").
[Amended 9-20-2010]
The codevelopment of the same area of land for both solar
photovoltaic power and normal farming operations as defined by P.L.
454, No. 133 (1982) the Protection of Agricultural Operations from
Nuisance Suits and Ordinances Act,[1] or any successor laws.
[Added 12-20-2021 by Ord. No. 2021-1220]
A permanent serviceway providing a secondary means of access
to lots.
As applied to a building or structure, an alteration shall
be defined as a change or rearrangement in the structural parts or
in the exit facilities or an enlargement, whether by extending on
a side or increasing in height, or the moving from one location or
position to another. For the purposes of this chapter, alteration
shall not be defined to include maintenance or other repair activities.
One thousand pounds' live weight of livestock or poultry
animals, regardless of the actual numbers of individual animals comprising
the unit (see the PA Nutrient Management Act, PSU Agronomy Fact Sheet
No. 54 or other associated agriculture industry guidance documents
for a listing of standard animal weights.).
[Amended 9-20-2010]
An establishment where animals are given medical or surgical
treatment and may be boarded for short-term care incidental to their
treatment.
For the purposes of this chapter, animal or poultry husbandry shall be defined as an agricultural operation involving the raising or keeping of livestock and/or poultry for capital gain or profit or with the intent of selling any livestock or poultry products as a commercial enterprise, including custom butchering, which does not meet the animal density thresholds set forth in the Nutrient Management Regulations for a concentrated animal operation. (The housing or raising of livestock or poultry or household pets for personal use or enjoyment pursuant to regulations of this chapter shall not be considered animal husbandry.) (See also § 250-39A.).
[Amended 9-20-2010]
Any lessee or his authorized agent who submits plans, data
and/or applications to the Zoning Officer or other designated Township
official for the purpose of obtaining approval thereof.
The surface included within a set of lines.
AREA, LOTThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement.
AREA, BUILDABLEThat portion of a lot bounded by the required front, side and rear yards.
AREA, SITEThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets or easements.
See "nursing home."
A building or structure used primarily for making major repairs
to motor vehicles (automobiles, motorcycles, farm machinery or equipment,
and/or snowmobiles), including overhauling, body work, painting, refinishing
and upholstering, as well as incidental servicing and maintenance.
Any building or land area used for the display and sale of
new or used automobiles or other motor vehicles, including warranty
repair or associated work.
A building or place of business where gasoline or any motor
vehicle fuel or oil or other lubricating substances, batteries, tires
and other automotive accessories are supplied and dispensed to the
motor vehicle trade, at retail, and where minor repair service may
be offered.
See "junkyard."
See "financial institution."
That portion of a building partly underground
but having less than half of its clear height below the average lot
grade. A basement shall be counted as a story for the purposes of
height measurement if the vertical distance between the ceiling and
the average level of the adjoining ground is more than five feet or
if it is used for business or dwelling purposes.
For floodplain management purposes, a basement
shall be that area of a building or structure having its floor subgrade
(below ground level) on all sides.
An establishment, dwelling or part thereof in which individual
rooms are offered for transient or temporary lodging purposes by the
owner or operator for limited periods of time. Breakfast may also
be provided for overnight guests as a part of the lodging fee.
The elected governing body of Mahoning Township, Montour
County, Pennsylvania.
The Zoning Hearing Board of Mahoning Township, Montour County,
Pennsylvania.
Yard space, either landscaped or planted, provided between high intensity activities and residential uses. (See also § 250-51.)
A structure having walls and a roof which is used for the
shelter, housing or enclosure of persons, animals or property. The
word "building" shall include any part thereof. Included shall be
all mobile and manufactured homes and trailers to be used for human
habitation.
[Amended 9-20-2010]
BUILDING, ACCESSORYA detached, subordinate structure located on the same lot as its principal building, serving a purpose customarily incidental to the use of the principal building (see also § 250-50).
BUILDING, PRINCIPALA building in which the principal use of the site is conducted.
BUILDING, ATTACHEDA building which has one or more walls in common with an adjacent building, i.e., a single-family attached dwelling structure.
BUILDING, DETACHEDA building which has no common walls and is surrounded by open space on the same lot.
The administrative officer, third-party agency, or other
qualified individual duly appointed or hired by the Township Supervisors
and charged with the duty of enforcing the provisions of the Uniform
Construction Code in Mahoning Township.
[Added 9-20-2010]
That percentage of the plot or lot area covered by the principal
and accessory buildings, including porches, patios, decks, carports
and breezeways, but excluding unenclosed parking or loading areas.
The vertical distance measured from the average elevation of the ground surrounding the building to the highest point of the roof, excluding chimneys, spires and similar projections which may be attached to the building. (See also § 250-49.)
The required setback (front, side, or rear) of a building
from a property line.
A line established by the required minimum front yard setback
from the street right-of-way or front lot line for buildings and/or
structures. The building setback line shall be the point at which
minimum lot width is measured.
See "professional office."
See "concentrated animal feeding operation."
[Added 9-20-2010]
A permanent building or structure intended for occupancy
only occasionally during the year, including buildings intended as
camps, cottages, lodges, hunting cabins, vacation homes and similar
seasonally-used dwellings. For purposes of this chapter, a recreational
vehicle shall not be considered to be a camp, cabin or vacation home
but may be used on a temporary or seasonal basis.
A tract or tracts of ground, or portion thereof, used for
the purpose of providing two or more spaces for recreational vehicles
or tents for camping purposes, with or without a fee charged for the
leasing, renting or occupancy of such space. Such facility may also
include a recreational vehicle park.
See "concentrated animal operation."
[Added 9-20-2010]
The surface of a street or alley available for vehicular
traffic or the area between curbs.
A portion of a building partly underground, having half or
more than half of its clear height below grade. A cellar shall not
be considered in determining the permissible number of stories or
determining habitable floor area nor shall it be used for dwelling
purposes.
Property used for the interring of the dead.
The certificate required by this chapter which indicates
that all work authorized by the project's zoning permit has been satisfactorily
completed, or in a case involving no construction, that a proposed
new use is in compliance with the terms of this chapter.
A certificate issued by the Zoning Officer which acknowledges
the existence of a nonconforming use, structure or lot as of the effective
date of this chapter, thereby authorizing its right to continue until
it is eliminated or abandoned.
An alteration of a building or a change of use existing within
a building or on a lot to a new use which imposes other provisions
of the Zoning Ordinance.
A building or structure, or group of buildings or structures,
which by design and construction are primarily intended for conducting
organized religious or worship services, and uses customarily accessory
or incidental thereto. For the purposes of this chapter, uses such
as schools, child nursery or day-care facilities, social halls or
similar places of assembly associated with the church or place of
worship shall require separate consideration and approval by Township
officials.
An area of unobstructed vision at street or driveway intersections
defined by lines of sight between points at a given distance from
the intersection of the street and/or driveway center lines.
For the purposes of this chapter, a medical or dental clinic
shall be defined as an establishment housing three or more physicians,
dentists, psychologists, social workers or similar health care providers,
where patients are received for examination or treatment, but where
no surgery is performed and no patients are lodged overnight.
For the purposes of this chapter, a veterinary clinic shall
be defined as an establishment housing one or more veterinarians where
animals are examined and treated, but where no boarding related to
such treatment is provided. (See also "animal hospital.")
See "lodging facility, commercial."
A wall on an interior lot line or a wall adapted for joint
service between two buildings, i.e., a party wall.
All forms of antennas, dishes or devices, and the poles,
masts, towers or other structures which support them, as well as all
equipment buildings which may be necessary for the operation or maintenance
of such uses, except that those communications facilities utilized
by government agencies or those regulated by applicable public utility
laws shall be exempt. Privately owned and operated communications
antennas, including residence-mounted satellite dishes and television
receiving devices, and ham or citizen band radio antennas, shall also
be exempt from the regulations of this chapter.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A concentrated animal operation with greater than 300 AEUs; any agricultural operation with greater than 1,000 AEUs; or any agricultural operation defined as a large CAFO under 40 CFR 122.23 (relating to concentrated animal feeding operations). (See also § 250-29 B.).
[Amended 9-20-2010]
Agricultural operations with eight or more animal equivalent
units (AEU) where the animal density exceeds two AEUs per acre on
an annualized basis. (See also § 250-439B.)
[Added 9-20-2010]
A building, or group of buildings, in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
See "new construction."
A building or group of buildings and space used for the storage
of construction equipment and/or building materials. Such uses may
also include equipment repair facilities and office space associated
with the contractor's operation.
See "nursing home."
A retail establishment selling a limited range of food products
and some household or other consumer goods. Such facilities generally
offer fewer items and maintain a smaller inventory of merchandise
than a supermarket or grocery store. In some cases, gasoline and related
automotive supplies are also offered on a self-service basis.
A dwelling or other building existing at the effective date
of this chapter which is converted for residential occupancy by one
of more families.
Montour County, Pennsylvania.
See "land cultivation."
A private facility enrolling more than 12 young children,
where tuition, fees or other forms of compensation for the care of
the children is charged and which is licensed, inspected and approved
to operate as a child day-care center by the Pennsylvania Department
of Public Welfare. Such facilities may also provide care for adult,
elderly or handicapped persons.
The number of families, individuals, dwelling units or housing
structures permitted to be constructed or situated on a specific unit
of land.
See "clinic, dental."
Any landowner, agent of such landowner, or tenant with the
permission of the landowner, who makes or causes to be made a subdivision
or land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of mobile homes or manufactured housing; streets and
other paving; utilities; filling, grading and excavation; mining;
dredging or drilling operations; storage of equipment or materials;
and the subdivision of land.
A building or group of buildings containing more than 10,000
square feet of gross floor area and/or more than four loading berths
where merchandise is stored for ultimate distribution to specific
wholesale operators. (See also "warehouse facility.”)
A zoning district as laid out on the Zoning Map, along with
the regulations pertaining thereto.
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
A building, structure, or shelter designed for or occupied
exclusively as the residence or sleeping place of one or more persons.
DWELLING, SINGLE-FAMILY DETACHEDA dwelling structure containing one dwelling unit from ground to roof, having independent outside access and open space on all sides, including a mobile home as defined herein. (See "mobile home.".)
DWELLING, SINGLE-FAMILY ATTACHEDA single dwelling unit from ground to roof with independent outside access and a portion of one or two walls in common with an adjoining dwelling unit(s), i.e., a townhouse unit. For the purposes of this chapter, a single-family attached dwelling structure shall contain a minimum of three dwelling units.
DWELLING, TWO-FAMILYA dwelling structure containing two independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement or cellar, i.e., a duplex.
DWELLING, MULTIFAMILYA dwelling structure containing three or more dwelling units, with or without independent outside access, excluding single-family attached dwelling structures as defined above, i.e., an apartment building. For the purposes of this chapter, the placement of more than one multifamily dwelling structure or more than one single-family attached dwelling structure, or a combination thereof, on a single tract of ground shall be considered to be a "multifamily housing development."
One or more rooms in a dwelling structure designed for use
by one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities. Recreational
vehicles, lodging facilities, rooming houses or boardinghouses, or
personal care or nursing homes shall not be considered as dwelling
units for the purposes of this chapter.
A defined right of use or privilege granted for a limited
use of land, usually for a public or quasi-public purpose.
A use which is located entirely within a building or structure.
An indoor facility operated as a business for profit, open
to the public, for the purpose of providing entertainment, including
but not limited to bowling alleys, roller skating rinks, amusement
arcades, motion-picture theaters, health clubs, and similar types
of establishments, but excluding adult entertainment facilities as
defined herein.
A space which will remain dry during flooding except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
One or more persons related by blood, marriage, adoption
or guardianship occupying a single dwelling unit and living as a single
household unit, using common living, cooking, sleeping and sanitary
facilities. (See also "group family household.")
A family residence where care is provided for no more than
six children unrelated to the resident household and which is registered
by the Pennsylvania Department of Public Welfare to provide such care.
For the purposes of this chapter, a farm shall be defined
as a parcel of land which is used for agricultural purposes or activities,
excluding the raising of fur-bearing animals, riding academies, livery
or boarding stables, and dog kennels. (see also "agriculture," "kennel,"
"normal agricultural operation," "riding academy," and "stable.").
[Amended 9-20-2010]
See "agricultural building."
For the purposes of this chapter, a farm-related business
shall be defined as a commercial enterprise conducted on a farm parcel
which is related to or supportive of an ongoing agricultural operation
located on the same tract.
An agribusiness establishment containing machinery for grinding
or crushing grain into flour or feed for animals or poultry and/or
the facilities for wholesale or retail sale of such products.
Any combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within. For the purposes of this chapter, a fence shall be considered to be a structure and shall therefore require a zoning permit prior to its placement or erection. (See also § 250-50C.)
1) Any act by which earth, sand, gravel, rock or other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of a stripped surface
and shall include the conditions resulting therefrom. 2) The difference
in elevation between a point on the original ground and a designated
point of higher elevation on the final grade; 3) The material used
to make a fill which is in turn used to elevate or floodproof a building
or structure.
Shall include, but need not be limited to, a bank, credit
union, loan company or other lending institution, including drive-in
windows, automated teller machines, and similar night deposit facilities.
A form of security, including a cash deposit, surety bond,
irrevocable letter of credit, cashier's check, or escrow account from
a federal or commonwealth chartered lending institution in the amount
of 110% of the total proposed decommissioning costs and in a form
satisfactory to the Supervisors and the Township Solicitor.
[Added 12-20-2021 by Ord. No. 2021-1220]
A temporary inundation of normally dry land areas.
That portion of the one-hundred-year floodplain outside of
the floodway.
A flood that on the average is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. (See § 250-55 for flood damage control provisions.)
The designated area of the floodplain which is required to
carry and discharge the floodwaters of a one-hundred-year flood.
The area of a structure covered by floors:
FLOOR AREA, GROSSThe sum of the gross horizontal areas of all of the floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, excluding interior parking spaces for motor vehicles, basement or cellar floor areas where this area in not used for business or dwelling purposes, but including the area of all covered or enclosed porches, decks, patios and terraces. For the purposes of applying the requirements for off-street parking and loading, floor area in the case of office, merchandising or service-type uses shall mean the gross floor area used or intended to be used by tenants, or for service to the public or customers, patrons, clients or patients, including areas occupied by fixtures or equipment used for the display or sale of merchandise.
AREA, HABITABLE FLOORAny floor area within a dwelling unit which is usable for living purposes, including area for working, sleeping, eating, cooking and recreation, or a combination thereof. Stairways, hallways and floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area, nor shall any space where the floor-to-ceiling height is less than five feet.
See "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. (See also "timber
harvesting.")
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation. (See also "mortuary.")
A building or structure used for the parking and storage
of vehicles.
GARAGE, PRIVATEAn accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles which is not a commercial enterprise available to the general public.
GARAGE, PUBLICA building or group of buildings used primarily for the parking or storage of motor vehicles, available to the general public for compensation.
A retail business establishment specializing in sale of seeds,
plants, flowers, shrubs, or small or ornamental trees, and related
products and utensils.
That portion of the floodplain area for which no specific
flood profiles exist and which is designated as approximated one-hundred-year
floodplain area on the Township's official floodplain maps.
A facility housing governmental agencies, including state,
county and municipal operations.
The degree of rise or descent of a sloping surface.
GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
GRADE, FINISHEDThe final elevation of the ground surface after development.
A building whose sides and roof are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or personal enjoyment. (See also "plant
nursery.")
A retail establishment primarily selling food or groceries
as well as other household goods or merchandise, i.e., a supermarket.
A residence where day care is provided for between seven
and 12 children unrelated to the resident household, which is licensed
and inspected by the Pennsylvania Department of Public Welfare to
provide such care. For the purposes of this chapter, such use may
be either a principal or accessory use (see applicable district regulations)
and may also provide care for adult or elderly persons.
A group of individuals not related by blood, marriage, adoption
or guardianship living together in one dwelling unit as a single housekeeping
unit under a common housekeeping plan based on an intentionally structured
relationship providing organization and stability.
A residence occupied by eight or fewer persons (excluding
staff) unrelated by blood, marriage, adoption or guardianship who
live together as a group family household. Such homes shall include,
but are not limited to, homes for orphans, foster children, the elderly,
mentally or physically handicapped or challenged persons, battered
children and women, and specialized treatment facilities providing
less than primary health care. Group homes providing space for more
than eight residents, excluding staff, shall be considered to be "institutional
residences."
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing in the National
Register.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
An accessory use or service-oriented occupation operated
for gain or profit conducted entirely within the operator's residence
or in a building accessory thereto, which is carried on by the inhabitant(s)
thereof and is clearly secondary to the use of the dwelling for residential
purposes and does not change the character thereof.
The growing of fruits, vegetables, flowers, ornamental plants,
shrubs or trees for profit.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, 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 operations. (See also "medical center.")
Those floodplain areas specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Any surface which reduces or prevents the absorption
of stormwater into previously undeveloped land.
The percentage of a lot that does not absorb
precipitation. For the purposes of this chapter, all buildings, structures,
parking areas, driveways, roads, sidewalks and any areas in concrete,
asphalt or similar materials shall be considered impervious surfaces.
See "manufacturing operations."
Establishments primarily engaged in the provision of residential,
social and personal care for children, the elderly, and other special
categories of persons with some limits on their ability for self-care,
but where medical care is not a major element. These uses include,
but are not limited to, group foster homes; residential alcohol and
drug rehabilitation centers with incidental health care; children's
boarding homes; halfway homes for persons with social or personal
problems, except halfway homes for delinquents, offenders and other
adjudicated individuals, and not including training schools for delinquent
and other adjudicated individuals; homes for destitute individuals;
homes for the deaf or blind; homes for emotionally disturbed or mentally
or physically handicapped persons, with health care incidental; and
group homes for nine or more residents, excluding staff. Residents
of these facilities would be treated by staff in an institutional
setting rather than living independently. Institutional housing where
there is commercial rental or condominium ownership is also included
in this category, with the exception of personal care homes as defined
herein. Such facilities may also require licensing by the Pennsylvania
Department of Public Health or other state agencies.
That portion of the national system of interstate highways
located within the commonwealth as officially designated by the State
and/or U.S. Departments of Transportation.
Any discarded article or material not ordinarily disposed
of as rubbish, garbage or refuse and including, but not limited to,
scrap metal, scrapped, abandoned or junked automobiles, machinery,
equipment, paper, rags, glass containers and other salvageable materials.
For purposes of this chapter, the term "junk" shall not include hazardous
wastes or materials, industrial residual wastes or municipal wastes
as defined in the Pennsylvania Solid Waste Management Act.
Any motor vehicle which does not bear a current license or
registration and is not currently inspected or which is not in runable
condition and is stored outside of an enclosed building.
Any outdoor establishment, place of business or use of land
which is maintained, used or operated for storing, keeping, buying
or selling junk or salvage, with or without dismantling, processing,
sale or other use or disposition of the same. For the purposes of
this chapter, such facilities may also be referred to as "auto salvage
operations."
An establishment where five or more dogs or domesticated
animals in excess of six months old are housed, groomed, bred, boarded,
trained or sold. (House pets maintained in a private home are excluded.)
In addition, all requirements of the Pennsylvania Dog Law, administered
by the Pennsylvania Department of Agriculture, shall be met before
establishing a kennel in the Township.
The tilling or cultivation of soil for crop or tree farming.
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: 1) 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
2) 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 legal or beneficial owner(s) of land, including the holder
of an option or contract to purchase (whether or not such option is
subject to any condition); a lessee, if he is authorized under the
lease to exercise the right of the landowner or other person having
a proprietary interest in the land.
Grass and other plantings such as trees, shrubs and/or bushes.
An off-street space accessible from a street or alley in
a building or on a lot for the temporary use of vehicles while loading
or unloading merchandise or materials.
A building or structure arranged or used for sheltering,
sleeping and/or feeding of overnight guests for limited periods of
time, including hotels, motels, inns and other similar types of commercial
lodging establishments. Dining facilities associated with such uses
may also be open or available to the public if authorized by the proper
Township officials. (See also "bed-and-breakfast establishment.")
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.
LOT AREASee "area."
LOT, CORNERA lot with two adjacent sides abutting on streets. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
LOT DEPTHThe mean horizontal distance from the street line of a lot to its opposite rear lot line measured in the general direction of the side lot lines.
LOT, DOUBLE FRONTAGEA lot which extends from one street along its front lot line to another street along its rear lot line, with frontage on both streets.
LOT, REVERSE FRONTAGEA double-frontage lot extending between and having frontage on an arterial or collector street and on a local street, with vehicular access restricted to the latter.
LOT WIDTHThe distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way or, where a lot has no road frontage, the lot line opposite the rear lot line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than front or rear lot line.
A lot which individually or as a part of a subdivision has
been recorded in the office of the Recorder of Deeds of Montour County,
Pennsylvania.
The lowest floor of the lowest fully enclosed area of a building
or structure (including basement or cellar). An unfinished or flood-resistant
partially enclosed area used solely for parking of vehicles, building
access and incidental storage in an area other than a basement or
cellar area is not considered a building's lowest floor, provided
that such space is not designed and built so that the structure is
in violation of the applicable nonelevation design requirements of
the National Flood Insurance Program.
A business establishment primarily engaged in the sale of
lumber and related products to contractors or the general public.
A workshop, manufacturing facility or other industrial operation
where machines are built, repaired or assembled. For the purposes
of this chapter, such facilities shall include tool and die making,
engine rebuilding, and similar types of activities.
See "mobile home."
[Added 9-20-2010]
See "mobile home park."
[Added 9-20-2010]
The act of producing, preparing or assembling finished products
or goods from raw materials or component parts through the repetitious
use of an established or set process.
The fair market price of a structure or property as determined
by an appraiser or insurance adjuster; the price at which both buyer
and seller are willing to do business.
A building where medical or health services are dispensed.
An institutional facility, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including, but not limited to, a general hospital, public health center,
diagnostic center, treatment or rehabilitation center, maternity hospital,
outpatient clinic, and associated laboratories and/or offices for
medical staff. (See also "hospital.")
See "clinic, medical or dental."
An operation where extracted minerals are amassed, sorted,
mixed and/or crushed, ground or otherwise treated for distribution
or use.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, anthracite and bituminous
coal, limestone and dolomite, sand, gravel, rock, stone, earth, slag,
ore, vermiculite, clay, crude oil and natural gas.
The commercial extraction of sand, gravel, clay, shale, rock
or other natural mineral deposits from the earth, including facilities
for the batching or mixing of extracted materials.
The replacement of existing work with equivalent materials
for the purpose of routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beams or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements, nor shall any minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electrical wiring or mechanical
or other work affecting public health or general safety.
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 is
constructed so that it may be used without a permanent foundation.
For floodplain management purposes, the term shall also include manufactured
housing, park trailers, travel trailers, recreational vehicles, and
other similar units placed on a site for a period of time exceeding
180 consecutive days.
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.
That part of an individual mobile home lot which has been
reserved for the placement of a mobile home and appurtenant structures
and connections.
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. For floodplain management
purposes, the term shall also include facilities for the placement
of two or more manufactured homes or park trailers, travel trailers,
recreational vehicles or other similar units for a period of time
exceeding 180 consecutive days.
A place for the storage of human bodies prior to their burial
or cremation.
See "shopping or service complex."
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, location or relocation of a building (including
mobile and manufactured homes), structure, and/or improvements (such
as streets, utilities, etc.). For floodplain management purposes,
the term shall apply to structures for which the start of construction
commenced on or after July 13, 1987, and includes any subsequent improvements
thereto.
[Amended 9-20-2010]
A business or commercial activity administered or conducted
as an accessory use in a residential dwelling located in a residential
district which is clearly secondary to the use of the residence as
a dwelling and which meets the no-impact criteria set forth in this
chapter.
A structure or part of a structure not designed or built to comply with the use or extent of use provisions of this chapter, including those structures which lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but shall not be limited to, nonconforming signs. (See § 250-74 for applicable provisions.)
A farm of 10 or more contiguous acres, or less than 10 contiguous
acres if the farm has an anticipated annual gross income of at least
$10,000. (See also "agriculture" and "farm.")
[Added 9-20-2010]
A state-licensed institutional establishment which provides
full-time convalescent or chronic nursing and/or medical care. Such
facilities shall not provide surgical, obstetrical or other services
generally provided by a hospital or medical center. For the purposes
of this chapter, the term "nursing home" shall also include convalescent
homes, personal care homes, and other assisted living facilities.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or other matter in,
along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of water, either in itself or by catching or collecting debris carried
downstream to the damage of life or property.
See "professional office."
A building used primarily for conducting of the affairs of
a business, service, industry, government or like activity, which
may include ancillary services for office workers, such as food services
and newspaper or candy stands.
See "loading space."
See "parking area" and "parking space."
Space not occupied by a structure, open to the sky, and on
the same lot with the building or structure.
OPEN SPACE, PUBLICAny land area set aside, dedicated, designated or reserved for public enjoyment.
OPEN SPACE, COMMONLand within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complementary structures and improvements as are necessary and appropriate, but shall not include streets, off-street parking areas, and areas set aside for public facilities or utilities.
See "recreation use, outdoor commercial."
Any public or private land area designated and used for parking
of vehicles, including parking lots, garages, private driveways, or
legally designated areas of public streets. For the purposes of this
chapter, however, parking areas shall be not include space on any
street or other public way.
An off-street area on a lot or in a parking area, designed
or intended to be used for the parking of one motor vehicle, having
direct usable access to a street or road.
A public, semipublic, or private park or park-type facility
which provides outdoor recreational enjoyment and activity either
for free or on a fee basis. Such facilities may include tennis or
basketball courts, baseball or other athletic fields, swimming, hiking
and picnic areas, and playgrounds, and may also include buildings
and accessory structures. Activities may be organized to include day
camps, leagues or other groups or may be strictly independent.
A principal use allowed in a zoning district, subject to
the applicable district regulations, and approved by the Zoning Officer.
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.
For the purposes of this chapter, a personal service business
shall be defined as a small-scale retail business providing direct
service or care to a patron or client, including, but need not limited
to, a barber or beauty shop, a tailor or dressmaking shop, a music
or art studio, upholstery or shoe repair facility, a fitness center,
or similar establishment of a related nature.
A warehouse facility where separate storage spaces of varying
sizes are available for lease or rental to the general public, usually
on a self-service basis. For the purposes of this chapter, there shall
be no residential occupancy of, nor commercial sales conducted from,
such storage areas.
The Planning Commission of Mahoning Township, Montour County,
Pennsylvania.
Land and/or greenhouses used to raise flowers, shrubs, trees
and plants for sale.
See "swimming pool."
That portion of connected main highways located within the
commonwealth as officially designated by the State or United States
Departments of Transportation.
See "use, principal."
The office of a member of a recognized profession, including
but not limited to a real estate or insurance agent, a physician or
dentist, an attorney, accountant, architect or engineer. A professional
office may be considered a home occupation when conducted from a residence
by a member of the resident family and when the office is clearly
secondary to the residential use of the dwelling.
See "entertainment facility, public."
A formal meeting held pursuant to public notice by the Township
Supervisors, Township Planning Commission or Township Zoning Hearing
Board, intended to inform and obtain public comment prior to taking
action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1978 (P.L. 388, No. 84), known as "the Sunshine Act."
Notice published once each week for two consecutive 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 and the second publication shall not
be less than seven days from the date of the hearing.
A vehicle which is: 1) built on a single chassis; 2) not
more than 400 square feet, measured at the largest horizontal projections;
3) designed to be self-propelled or permanently towable by a light-duty
truck; 4) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
Such vehicles are permitted to be used in campground areas in the
municipality or on private independent parcels.
Any site upon which two or more recreational vehicles are
or are intended to be located. (See also "campground.")
An outdoor public or semipublic facility intended to provide
recreational enjoyment to or for its users, i.e., a park or playground,
tot-lot, athletic fields or other similar facilities. (See also "park
or playground.")
A commercial outdoor recreation facility, including a golf
course, golf driving range, a miniature golf course, campground or
recreational vehicle park, ski area or resort, church or service-club-affiliated
camp, a shooting preserve or sporting clays range and similar facilities.
The flood that has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
based; the one-hundred-year flood.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
[Amended 9-20-2010]
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damage occurred.
[Added 9-20-2010]
A large-scale residential development in which individual
dwelling units or other residential buildings are grouped together.
Modification or reduction of the minimum yard and lot size requirements
is permitted in exchange for an equivalent amount of land in open
space to be preserved for scenic, recreation or conservation purposes.
The type and density of dwelling units shall be as set forth in the
district regulations of this chapter, and the standards established
in the Mahoning Subdivision and Land Development Ordinance[3] shall be met in the design of such developments.
[Added 10-16-2006]
A retail establishment where food and drink is prepared and
served primarily within the principal building. In some instances,
the food is consumed on site, and in other cases, it is taken out.
A place of business engaged in selling goods and merchandise
to the general public for personal or household use and rendering
services incidental to the sale of such goods. (See also "wholesale
business.")
A public, not-for-profit or private residential facility,
building or development designed to meet the needs of and be constructed
exclusively for senior citizens. Such complexes shall not include
nursing homes, personal care facilities or similar institutional residences,
although shared use of dining or entertainment spaces with individual
buildings in the complex may be permitted. Retirement housing complexes
may be designed as multifamily dwelling structures (apartment buildings)
or as single-family attached dwelling structures (townhouse units).
An establishment where horses are kept for riding, jumping
or showing for compensation or incidental to the operation of a club,
association or similar group.
1) A specific type of easement being limited to use for passage
over another person's land, i.e., an easement for vehicular or public
utility passage. 2) A strip of land acquired by reservation, dedication,
prescription or condemnation which is occupied or intended to be occupied
by a road, crosswalk, railroad, electric transmission line, oil or
gas pipeline, waterline, sanitary sewer or storm sewer line or other
similar use.
A temporary booth, stand or shelter located along a roadway
(but off the road right-of-way) from which farm, nursery or greenhouse
products grown on the premises are offered for sale to the general
public.
A single-family, owner-occupied dwelling or part thereof
where lodging is provided for no more than five persons unrelated
to the owner for periods of time exceeding one week, whether or not
arrangements are made for meals.
For the purposes of this chapter, a satellite dish antenna
shall be defined as an accessory structure capable of receiving radio
or television signals from a transmitter or transmitter relay located
in planetary orbit.
A business establishment equipped with machinery for cutting
lumber or timber into boards.
An establishment or facility or part thereof which is designed,
constructed or used for public or private education or instruction
in any branch of knowledge. For the purposes of this chapter, such
facilities shall not include halfway homes or training facilities
for delinquents, offenders and other adjudicated individuals, nor
other detentional facilities providing residential or live-in services.
(See "institutional residence.")
The provision of a visual shield or barrier between adjacent
properties, structures, or uses, which may consist of vegetative plantings,
fences or the placement or utilization of natural or man-made berms
or landforms, or any combination thereof.
The use of vegetative plants, such as trees or shrubs, as a barrier to visibility, glare and noise between adjacent properties. Such plantings shall adhere to the requirements of § 250-52 of this chapter and shall be broken only at points of vehicular or pedestrian access or utility easements.
See "camp, cabin or vacation home."
A building, or portion thereof, with dwelling units and shared
facilities for residents designed specifically for occupancy predominantly
of persons or heads of households who are 62 or more years of age.
[Added 12-20-2021 by Ord. No. 2021-1220]
The horizontal distance between a structure and a street
line or property line. (See also "building setback line.")
Any sewer, sewage system, sewage treatment plant or parts
thereof designed, intended or constructed for the collection, conveyance,
treatment or disposal of liquid wastes, including industrial wastes.
SEWAGE FACILITY, OFF-LOTAny approved system or part thereof in which sanitary sewage is collected from buildings and piped by means of a sewerage system to a sanitary sewage treatment plant. Such a system must be designed in accordance with Department of Environmental Protection (DEP) standards and be permitted by the Bureau of Water Quality of the DEP. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers.
SEWAGE FACILITY, ON-LOTAny approved system or part thereof designed to serve a single dwelling or building in which sewage is collected in a septic tank, holding tank or similar container located on the same lot and is untreated except for bacterial action occurring within such tank and is disposed of either through a drain field connected to the tank or by hauling to a sewage treatment plant.
A group of three or more commercial establishments which
have been planned, developed and managed as a unit, whether contained
in one building or in several buildings on the same tract. This definition
shall also include shopping centers, malls and multi-service convenience
plazas.
The length of street, measured along the center
line, which is continuously visible from any point four feet above
the center line.
That area of unobstructed vision at street intersections
formed by lines of sight between points which are a specified distance
from the intersection of the street center lines.
The amount of distance required to be provided at a street or driveway intersection which is considered adequate for a driver to be able to see in order to proceed in a safe manner. (See also § 250-50D.)
Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, semipublic or civic, charitable or other religious group. (See § 250-64 for definitions of specific types of signs.)
The entire face of a single side of a sign, including all
advertising surface and any framing, trim, molding or border area,
but excluding any supporting framework or bracing.
The vertical distance measured from the highest point of
the sign to the average finished grade of the proposed sign site.
The face of an embankment or cut section.
The degree of deviation of a surface from the
horizontal, usually expressed in percent or degrees, i.e., a ratio
determined by dividing the vertical distance between two points (change
in elevation) by the horizontal distance measured between the same
two points.
A system of a group of solar panels connected together.
[Added 12-20-2021 by Ord.
No. 2021-1220]
The low-voltage electric lines which connect solar-related
equipment.
[Added 12-20-2021 by Ord.
No. 2021-1220]
A solar easement means a right, expressed as an easement,
restriction, covenant, or condition contained in any deed, contract,
or other written instrument executed by or on behalf of any landowner
for the purpose of assuring adequate access to direct sunlight for
solar energy systems.
[Added 12-20-2021 by Ord.
No. 2021-1220]
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
[Added 12-20-2021 by Ord.
No. 2021-1220]
An area of land used for a solar collection system principally
to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for off-site
use. Principal solar energy systems consist of one or more freestanding
ground-, or roof-mounted solar collector devices, solar-related equipment
and other accessory structures and buildings, including light reflectors,
concentrators, and heat exchangers, substations, electrical infrastructure,
transmission lines and other appurtenant structures.
[Added 12-20-2021 by Ord.
No. 2021-1220]
A grouping of two or more solar energy facilities which are
held by owner or leased to a common lessor and which are part of a
single solar energy production development project.
[Added 12-20-2021 by Ord.
No. 2021-1220]
The individual, group or entity responsible for the permitting,
construction and operation of a solar energy facility or solar energy
project (SEF developer).
[Added 12-20-2021 by Ord.
No. 2021-1220]
The high-voltage electric conveyance lines which connect
a solar energy facility to the solar project connection.
[Added 12-20-2021 by Ord.
No. 2021-1220]
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
[Added 12-20-2021 by Ord.
No. 2021-1220]
The electric conveyance lines which connect a solar energy
facility to the high-voltage electric interconnection grid.
[Added 12-20-2021 by Ord.
No. 2021-1220]
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, tines,
pumps, batteries, mounting brackets, framing and foundations or other
structures used for or intended to be used for the collection of solar
energy.
[Added 12-20-2021 by Ord.
No. 2021-1220]
A special approval which is required for hospitals, nursing
homes, jails and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all or a designated portion of a floodplain.
[Added 9-20-2010]
A building in which one or more horses are boarded, whether
or not for compensation, hire or sale, not including the boarding
of horses for personal use.
See "warehousing facility."
That portion of a building included between the surface of
any floor and the surface of the floor or ceiling next above it.
Any thoroughfare, whether public or private, located in whole
or in part within Mahoning Township, excluding alleys. The word "road"
may be used interchangeably with the word "street."
The dividing line between the street right-of-way and the
lot, also known as the "right-of-way line."
Any change or adjustment made to a building affecting the
overall area occupied by that structure or that will change the supporting
members, bearing walls, beams, girders or interior walls of the structure.
Such alterations generally require zoning and building permits.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including
buildings, sheds, communications antennas and towers, fences and signs,
but excluding poles, playground equipment, mailboxes, lawn ornaments
and other similar objects. For floodplain management purposes, the
term shall also include a gas or liquid storage tank that is principally
above ground, as well as a mobile or manufactured home.
STRUCTURE, ACCESSORYA structure detached from a principal structure located on the same lot and customarily incidental and subordinate to the principal building, structure or use.
STRUCTURE, PRINCIPALThe main or primary structure on a given lot.
The division or redevision of a lot, tract or parcel of land
by any means into two or more lots, tracts or 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.
Any repair, reconstruction, or improvement of an existing
manufactured home park or manufactured home subdivision, where such
repair, reconstruction or improvement of streets, utilities, and pads
will equal or exceed 50% of the value of the streets, utilities and
pads before the repair, reconstruction or improvement is started.
[Added 9-20-2010]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss, regardless of the actual repair work performed.
The term does not, however, include either any project for improvement
of a structure to correct existing violations of state or local health,
sanitary or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions; or any alteration of an historic
structure, provided that the alteration will not preclude the structure's
continued designation as an historic structure.
[Amended 9-20-2010]
The Board of Supervisors of Mahoning Township, Montour County,
Pennsylvania; the governing body.
The elected supervisors of Mahoning/Cooper Townships. The
extent a singular reference is used herein to "Supervisors," without
designation, action shall be deferred to that Board of Supervisors
for the township in which the proposed facility is located.
[Added 12-20-2021 by Ord. No. 2021-1220]
A body of water in an artificial container, whether located
in or above the ground, having a depth at any point of more than two
feet or a surface area of more than 250 square feet, used or intended
to be used for swimming by children and/or adults, excluding "kiddie"
or wading pools and farm ponds.
A zoning permit authorized by the Zoning Officer for a nonpermanent building, structure or use, where such structure or use is deemed to be beneficial to the public health or general welfare or necessary to promote the proper development of the Township, or for temporary uses. (See § 250-83J.)
That part of forestry involving cutting trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the Commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
[Added 9-20-2010]
The specific purpose or activity for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, ACCESSORYA use subordinate to the principal use of a building, structure or land located on the same lot and serving a purpose customarily incidental to the principal use. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
USE, PRINCIPALThe primary purpose for which a lot is occupied or utilized.
Facilities, building and/or structures constructed and maintained
by public utility companies, municipal or governmental agencies, or
public service corporations which are necessary for the provision
of utility services to the general public. Such facilities shall include,
but need not be limited to, electrical substations, water or sewage
treatment plants, reservoirs, pump stations, or other similar facilities.
For the purposes of this chapter, however, utility supply facilities
shall not include commercial communications antennas or towers. (See
also "communications antennas, towers and/or equipment buildings.")
A modification of the provisions of this chapter which the Zoning Hearing Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought. (See § 250-77C for additional details and criteria to be utilized when a variance is requested.)
See "clinic, veterinary."
A building used primarily for the storage of goods and materials,
including facilities handling freight for a specific commercial or
industrial operation and those facilities available to the general
public. (See also "personal storage warehouse.")
Any waterworks, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
WATER SYSTEM, NONPUBLICAll water systems which are not public water systems.
WATER FACILITY, OFF-LOTAny approved system in which potable water is supplied to a dwelling or other building from a central water source which is not located on the lot with the dwelling or building.
WATER FACILITY, ON-LOTA well or other approved system designed to provide potable water to a dwelling or other building located on the same lot as the source.
WATER SYSTEM, PUBLICA water system as defined by the Pennsylvania Department of Environmental Protection which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal conditions do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. The term includes, but is
not limited to, wetland areas listed in the U.S. Forest Service Wetlands
Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management
Plan, the U.S. Fish and Wildlife National Wetlands Inventory, and
a wetland area designated by a river basin commission.
An establishment or place of business primarily engaged in
selling merchandise to retailers or to industrial, commercial, institutional
or professional business users, or to other wholesalers. (See also
"retail business.")
A commercial electric-generating facility whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory buildings and structures, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. For the purposes of this chapter, stand-alone wind turbines constructed for private use shall be considered to be personal wind energy facilities. (See also § 250-45.2.)
[Added 9-20-2010]
A wind turbine or turbines situated on a lot to provide wind
energy to an individual home, office, business, industry, school,
hospital or agricultural use located on the same lot. The wind energy
generated by such turbine(s) is not to be provided or sold to others
off-site in the power grid. All personal wind energy facilities shall
follow the rules of net metering under the state policy.
[Added 9-20-2010]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
[Added 9-20-2010]
The distance measured from the surface of the wind tower
foundation to the highest point of the turbine rotor plane.
[Added 9-20-2010]
An open space which lies on the same lot with a building
or structure, unoccupied and unobstructed from the ground upward.
YARD, FRONTAn open space extending the full width of the lot between the principal building or structure and the street right-of-way line or front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space extending the full width of the lot between the principal building or structure and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building or structure and the side lot line, unoccupied and unobstructed form the ground upward.
YARD, REQUIREDThe minimum area or open space required by this chapter to be provided between any front, side or rear property line and a principal or accessory building or structure on the lot.
The Zoning Hearing Board of Mahoning Township, Montour County,
Pennsylvania.
The official Zoning Map of Mahoning Township, Montour County, Pennsylvania, together with all notations, references and amendments which may subsequently be adopted. Said Map is made a part of this chapter as set forth in § 250-9.
The administrative officer duly appointed by the Township
Supervisors and charged with the duty of enforcing the provisions
of this chapter.
The permit required by this chapter which states the purpose
for which a building, structure or land is proposed to be used is
in conformity with the use regulations, the dimensional requirements
and all other applicable provisions of this chapter.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
