As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED SIGN
A sign which has not been utilized for a period of 180 days
or more, or a sign, the content of which no longer identifies or advertises
a bona fide business, lessor, service, owner, product or activity;
or a sign, the contents of which pertains to a place, time, event
or purpose which no longer exists, applies or which has occurred.
ACCESSORY STRUCTURE
A structure clearly and customarily subordinate to and on
the same lot as the principal building and used exclusively for the
purposes constituting an accessory use, including, but not to limit
the applicability of the foregoing, private garages, barns, utility
sheds, greenhouses, satellite dish antennas, and buildings for housing
household pets, and excluding signs, antennas, communications towers,
communications facilities, telecommunications equipment buildings,
co-location/shared-use communications facilities, and power-mounted/shared-use
communications facilities.
ACCESSORY USE
A use which is clearly part of, incidental to, subordinate
to, devoted exclusively to and located on the same lot occupied by
the principal use of the land or structures, but excluding signs,
antennas, communications towers, communications facilities, telecommunications
equipment buildings, co-location/shared-use communications facilities,
and power-mounted/shared-use communications facilities.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
An establishment having a substantial or significant portion
of its stock and trade in, or an establishment which as one of its
principal business purposes offers for sale, books, films, video cassettes
or magazines and other periodicals, which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas and, in conjunction
therewith, has facilities for the presentation of adult entertainment
for observation by patrons.
ADULT ENTERTAINMENT
A.
An exhibition of any adult-oriented motion pictures, meaning
those distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
B.
A live performance, display or dance of any type which has as
a significant or substantial portion of the performance any actual
or simulated performance of specified sexual activities or exhibition
and viewing of specified anatomical areas, removal of articles of
clothing or appearing unclothed, pantomiming, modeling or any other
personal services offered customers.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
which has a principal business purpose of exhibiting, presenting or
selling material distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons.
ADULT-ORIENTED ESTABLISHMENT
A.
Includes, without limitation, the following establishments when
operated for profit, whether direct or indirect:
(2)
Adult motion-picture theaters.
(3)
Adult mini motion-picture theaters.
(4)
Any premises to which the public, patrons or members are invited
or admitted and which are so physically arranged as to provide booths,
cubicles, rooms, studios, compartments or stalls separate from the
common areas of the premises for the purpose of viewing adult-oriented
motion-pictures or where an entertainer provides adult entertainment
to a member of the public, patron or a member.
(5)
An adult entertainment studio or any premises that are physically
arranged and used as such, whether advertised or represented as an
adult entertainment studio, rap studio, exotic dance studio, encounter
studio, sensitivity studio, modeling studio or any other term of like
import.
B.
The term "booths, cubicles, rooms, studios, compartments or
stalls," for purposes of defining adult-oriented establishments, does
not mean enclosures which are private offices used by the owner, manager
or persons employed on the premises for attending to the tasks of
their employment, and which are not held out to the public for the
purpose of viewing motion pictures or other entertainment for a fee,
and which are not open to any persons other than employees.
ADVERTISING SIGN
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered only elsewhere
than upon the premises where the sign is displayed.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height or depth,
or the moving from one location or position to another.
AMUSEMENT ARCADE
An establishment in which are possessed or used any mechanical
and/or electronic devices, machines or other apparatus whatsoever
for the playing of games and amusement, including, by way of illustration
and not limitation, what are commonly known as "pinball machines,"
"jukeboxes" and "video games," and are operated or played by the insertion
of a coin or any other disk, slug or token or by any other form of
payment whatsoever.
ANSI
The American National Standards Institute.
ANTENNA
An upraised rod or system of rods and wires for transmitting
and receiving electromagnetic or radio waves and communications signals,
including but not limited to omnidirectional antennas, directional
antennas, microwave antennas, microwave dishes, panels and single-pole
whips. This definition shall include monopoles and lattice construction
steel structures, but shall exclude private home use of satellite
dish antennas, television antennas or equipment used by amateur radio
operators as licensed by the FCC. For the purposes of this chapter,
antennas utilized for noncommercial use shall be excluded.
ANTENNA ARRAY
One or more antennas located on the same structure and at
the same height.
APARTMENT BUILDING
Three or more dwelling units in a single building, not having
a separate exterior entrance for each dwelling unit.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
is required to be filed and approved prior to start of construction
or development, including but not limited to an application for a
building permit, for the approval of a subdivision plat or plan or
for the approval of a development plan.
AREA OF SIGN
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or any figure
or similar character, together with any frame or other materials or
color forming an integral part of the display or used to differentiate
such sign from the background against which it is placed (excluding
the necessary supports or uprights on which the sign is placed or
apron designed to cover such uprights or work board installed to provide
a safe area for servicing such sign). Where a sign has two or more
faces on the same side, the area of all faces shall be included in
determining the area of the sign, except that in the case of back-to-back
signs or V-type signs, the area of the sign shall be taken as the
area of one face if two faces are of equal area or as the area of
the larger face if the two faces are of unequal area.
AVERAGE GROSS RESIDENTIAL DENSITY
The total number of dwelling units in a planned residential
development divided by the gross acreage of the tract as reduced by
any areas to be devoted to commercial use.
AWNING SIGN or CANOPY SIGN
Any sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a canopy.
BACK-TO-BACK SIGN
A structure with two parallel and directly opposite signs
with their faces oriented in opposite directions and spaced no more
than two feet apart.
BANNER
A sign intended to be hung either with or without a frame,
possessing characters, letters, illustrations or ornamentations applied
to paper, plastic or fabric of any kind, excluding flags, emblems
and insignias of political, professional, religious or educational
organizations displayed for noncommercial purposes.
BARRIER
A kind of fence to obstruct the advance of persons or things;
anything which confines or hinders approach.
BEACON
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot or site as the
light source; also, any light with one or more beams that rotate or
move.
BERM or BERMING
An earthen mound designed to provide visual interest, screen
undesirable views, and/or decrease noise.
BILLBOARD
An off-premises advertising sign with a changeable message
or display that pertains to a business, organization, event, person,
place, service or product not principally located or sold on the premises
upon which said sign is located. See "off-premises advertising sign."
BOARDINGHOUSE
A building or portion thereof, other than a hotel, where
meals and lodging are provided for compensation to persons other than
members of the family residing in the dwelling unit, including bed-and-breakfast
facilities.
BOAT
Every description of watercraft constructed or sold for the
primary purpose of being used as a means of transportation on the
water.
BUFFERYARD
A continuous area of land set aside along the perimeter of
a lot in which landscaping is used to provide a transition between
and to reduce the environmental, aesthetic and other impacts of one
type of land use upon another and to eliminate or minimize conflicts
between them. Bufferyards shall not include any servitudes or rights-of-way
unless approved by the person(s) in whose favor the servitude or right-of-way
is granted and the Township.
BUILDING
Any structure having enclosing walls and roofs and requiring
a permanent location on the land.
BUILDING INSPECTOR
The person authorized to act as the building official or
any assistant to such person, to enforce the provisions of the Shaler
Township Building Code, as adopted by Ordinance No. 1550 of 1983,
as it now exists or as hereafter amended or supplemented.
BUILDING LINE
A line which designates the minimum distance that a building
must be erected from the street right-of-way. The area between the
building line and the street right-of-way shall be open space as herein
defined.
BUILDING OR STRUCTURE COVERAGE
A percentage of the horizontal cross-section area of the
principal building or structure on a lot, excluding one-story open
porches, bay windows, balconies and terraces, to the lot area.
BUILDING PERMIT
A permit issued by the Building Inspector pursuant to the
Building Code of the Township of Shaler.
BUSINESS DIRECTORY
A sign used to identify or list:
A.
The names of the individual or organization occupying, leasing
or owning the premises and/or the profession of the occupants; or
B.
The name and/or management of the building for which the sign
is displayed or the name of the major enterprise or principal product
or service on the premises.
BUSINESS ESTABLISHMENT
Any business, trade, occupation, work, commerce or profession
conducted for profit or benefit, either directly or indirectly, on
any commercial property in the Township.
BUSINESS SERVICES
Business activities which are carried on in an office and
involve activities, such as accounting, correspondence, research,
consultation, editing or administration, but not including the sale
and delivery of tangible goods on the premises and not including personal
services, such as dancing instructions, group instructions of any
kind, tearooms, barbershops, beauty parlors and massage parlors.
BUSINESS SIGN
A sign which directs attention to a business, profession
or industry located upon the premises where the sign is displayed;
to the type of products sold, manufactured or assembled; and/or to
the service or entertainment offered on such premises, and include
electronic signs, projecting signs, supplemental signs and temporary
signs.
CAMOUFLAGED ANTENNAS
An antenna or antenna array designed to appear as part of
an existing structure and not readily apparent to be an antenna.
CAMOUFLAGED TOWER
A communications tower which is not recognized as a conventional
communications tower and is disguised to appear as part of an existing
structure and is not readily apparent to be a communications tower
(e.g., a metal lattice structure), but instead is disguised or concealed
in such a fashion as to conform to its surroundings. A communications
tower designed to appear as an object such as church steeple, tree,
building facade or other such object. Other examples of "camouflaged
towers" include the communications tower disguised as a bell tower
approved by the Board on January 12, 1999, in Mount Royal Cemetery,
or a tower which looks like a tree, or a tower which is concealed
in a church steeple.
CANDIDATE
One who seeks or offers himself or herself or is put forth
by others for an office, privilege or honor, by election or appointment.
CANOPY TREE
Tall trees that make up the forest canopy 30 or more feet
above the ground.
CARPORT
A structure permanently attached to a dwelling and covered
by a solid roof, which is used for the shelter of a motor vehicle.
A carport must satisfy the following requirements:
A.
The carport footprint shall not exceed 220 square feet;
B.
The height of the carport shall not exceed 12 feet;
C.
The carport shall not be constructed of fabric, canvas, vinyl
or similar materials;
D.
There shall be no enclosed use above the carport;
E.
The carport shall be enclosed from the ground up on three sides
by an opaque wall;
F.
The minimum yard setback requirements shall be met for the zoning
district in which the carport is located;
G.
The area of the carport, combined with all other structures
on the lot, shall not exceed the maximum lot coverage established
for the zoning district in which it is located;
H.
No part of the proposed carport canopy or appurtenance may extend
beyond the front building line or onto the public right-of-way without
entering into a license agreement with the Township;
I.
Only one carport per parcel is permitted in a residential district;
J.
Portable carports or freestanding carports are prohibited.
CARPORT FOOTPRINT
The area within the perimeter of the carport at its foundation,
which shall include the roofed areas and any cantilevered portions
of the carport. The entire area of ground covered by the carport.
CERTIFICATE OF USE AND OCCUPANCY
A certificate issued by the Zoning Officer, stating that
the existing or proposed use or occupancy of a particular building,
structure or land conforms to the requirements of this chapter.
CHILD-ORIENTED BUSINESS
A commercial establishment which, as one of its principal
business purposes, serves, sells and/or caters food, apparels, goods,
services, play and/or entertainment to children and their families.
CLASS A MOTOR HOME
A Class A motor home is a recreational vehicle usually built
on a stripped truck chassis or a custom undercarriage and the driving
compartment is an integral part of the RV interior. A Class A motor
homes looks like a bus and is also known as a "coach" or "motor coach."
Class A motor homes are usually 31 to 40 feet in length.
CLASS B MOTOR HOME
A Class B motor home is a recreational vehicle created from
a standard passenger or work minivan and is constructed on a van chassis
with elevated rooflines, but no modifications to the length or width
of the original chassis. Most models have raised roofs. Class B motor
homes are also known as camper vans, conversion vans or van campers.
Class B motor homes are usually 17 to 19 feet in length.
CLASS C MOTOR HOME
A Class C motor home, or mini motor home, is a recreational
vehicle built on a cutaway van or truck chassis, including the cab.
A Class C motor home is roughly the size and shape of a rental moving
truck and is generally constructed on a larger van chassis. It differs
from the Class A motor home in that the Class C chassis comes with
the cab from the manufacturer. Another distinguishing feature of the
Class C motor home is the bed compartment over the cab. The driver
compartment is similar to a van, with a large box in the back. Class
C motor homes are usually 20 to 31 feet in length.
CLUB OR LODGE, PRIVATE
Nonprofit corporation or nonprofit association of persons
who are bona fide members, paying regular dues, which owns or leases
a building or portion thereof, the use thereof being restricted to
members and their guests.
COACH
"See Class A motor home."
CO-LOCATION
The locating of one or more antenna arrays and support structures
on either an existing communications tower or an existing structure.
CO-LOCATION/SHARED-USE COMMUNICATIONS FACILITY
Siting multiple similar or different antennas, fixed-point
microwave dishes and cellular communications antennas on a single
communications tower or mounted on the roof of an existing building
or other existing structure as is technically and/or structurally
feasible. Co-location/shared-use communications facilities shall not
be construed to be within the definition of "public utility" contained
in this section.
COLUMBARIUM
A structure of vaults lined with recesses to receive urns
containing the ashes of the cremated dead.
COMMERCIAL
Managed on a business basis for profit derived from the promise
or delivery of compensation, money, rent or other bargained-for consideration
in exchange for:
A.
Goods, commodities or recyclable materials;
C.
Rights or interests in property;
D.
Any other valuable consideration; or
E.
Activity done, made or performed for financial gain.
COMMERCIAL EQUIPMENT
Implements used for a commercial or industrial function,
operation or activity and includes:
A.
Front-loaders, bulldozers, cranes, trenchers, stump grinders,
brush shredders, bobcats, brush-hog, tractors, cement mixers, tar
wagons/pots, snowplows or street vendor carts;
B.
Equipment used as a platform for, or that transports, carries
or stores, materials or equipment, including but not limited to lifts,
derricks, hoists, booms, cranes, racks, gas or chemical tanks, generators,
pumps, building materials, or yard maintenance power tools and mowers,
that are visible from the exterior of the commercial equipment, and
which are designed, serve or used for a commercial or industrial purpose,
but excluding domestic equipment.
C.
Implements or devices used in the performance of one's employment
or trade, including but not limited to ladders, painting supplies,
compressors, tool chests, plumbing equipment, pool cleaning equipment
and supplies, lawn mowers, edgers, snowplows, wheelbarrows or other
lawn maintenance equipment, but excluding domestic equipment.
D.
Vehicles that transport persons or things commercially including
but not limited to school vans or buses, church vans or buses, trailers
or utility trailers, and similar transportation equipment which may
or may not bear lettering or advertising identifying the owner or
lessee.
COMMERCIAL FREIGHT
A load, goods or a cargo carried by a vehicle for any fare,
fee, rate, charge or other consideration.
COMMERCIAL LETTERING
Any letters, numbers, symbols or combinations thereof which
advertise a trade, business, industry or other activity for profit,
or a product, commodity or service. The term shall not include bumper
stickers or the decal or plate commonly applied to a motor vehicle
by a motor vehicle dealer.
COMMERCIAL USE or COMMERCIAL PURPOSE
An occupation, employment or enterprise that is carried on
to facilitate an exchange of goods, services or ideas. A use or purpose
related to the production, exhibition, marketing, transportation,
processing or manufacture of goods or services by any person or entity
for the purpose of economic gain, including the carriage of persons
or property for any fare, fee, rate, charge or other consideration,
directly or indirectly, in connection with any business or other undertaking
intended for profit.
COMMERCIAL VEHICLE
A.
For purposes of this chapter, the term "commercial vehicle"
shall include:
(1)
Any vehicle with a stated GVWR of more than 11,000 pounds or
classified as a Class 5 vehicle or higher under the Pennsylvania Vehicle
Code.
(2)
Any part of a tractor-trailer combination, without regard to
GVWR.
(3)
Any dump truck, utility vehicle or utility truck, school bus
or school vehicle with a GVWR in excess of 11,000 pounds.
(4)
Any construction or industrial equipment of any kind, including
but not limited to any crane, backhoe or any front loader, "Bobcat,"
skid steer loaders, or the like, without regard to GVWR.
(5)
Chippers, dozers, excavators, forklifts, graders, landscaping
and lawn mower trailers, pavers and snowplows operated or used for
a commercial purpose without regard to GVWR.
(6)
Any vehicle with a mechanical bucket or permanently mounted
equipment, such as aerial bucket or platform, welding equipment, mechanical
or hydraulic devices used or designed to assist in loading and unloading
freight, without regard to GVWR.
(7)
Any vehicle with a tandem axle or any vehicle which has more
than two axles, without regard to GVWR.
(8)
Any trailer which is designed or used, in whole or in part,
for a commercial purpose, without regard to GVWR and without regard
to the length of the trailer, including but not limited to construction,
landscaping or for the transportation of passengers or merchandise,
equipment, supplies, tools, freight, vehicles or animals, but excluding
specifically any trailer which is used solely for home utility, recreational
or other personal and noncommercial use.
(9)
Any tow truck, wrecker or flatbed truck operated or used for
the transport of vehicles, without regard to GVWR.
(10)
Other motor vehicles, including but not limited to buses, semitrailers,
step-vans, box trucks, panel trucks, flatbed and stake-bed trucks,
bucket trucks, cement mixers, tank trucks, tractors for semitrailers,
trucks with rollback beds, trucks with utility bodies as well as any
other similar vehicles.
(11)
Any trailer or semitrailer used for transporting landscaping
or lawn-care equipment, whether or not such a trailer or semitrailer
is attached to another vehicle.
(12)
Any motor vehicle, trailer or semitrailer containing debris,
construction materials or equipment intended for a commercial or business
use, whether in the open or covered by a removable material or fabric.
(13)
Any vehicle or motor vehicle carrying commercial freight in
plain view.
(14)
Any other vehicle having a total length in excess of 22 feet.
B.
Notwithstanding the foregoing, under no circumstances shall
any vehicle which is owned by the Township or other municipal entity
or which is used in connection with fire, safety, rescue or medical
services within the Township be considered to be a commercial vehicle.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
COMMUNICATIONS FACILITY
The equipment and structures (including, but not limited
to, communications towers, antennas and telecommunications equipment
buildings) involved in the reception, and/or transmission, of electromagnetic
or radio waves. Communications facilities shall not be construed to
be within the definition of "public utility" contained in this section.
COMMUNICATIONS TOWER
A structure of any height which is intended to or which supports
communications (broadcasting and/or transmitting and/or receiving)
equipment for telecommunications or radio signals, including but not
limited to antennas, fixed point microwave dishes and cellular communications
antennas, capable of receiving and/or transmitting communications
signals and utilized by commercial, government, public or quasi-public
users. This definition shall include monopoles and lattice construction
steel structures, but shall exclude private home use of satellite
dish antennas, television antennas, or equipment used by amateur radio
operators as licensed by the FCC. Communications towers shall not
be construed to be within the definition of "public utility" contained
in this section. For the purposes of this chapter, communications
towers utilized for noncommercial use shall be excluded.
COMMUNICATIONS TOWER SITE
Any lot, parcel, building or structure on which a communications
facility, communications tower, power-mounted/shared-use communications
facility, antenna, co-location/shared-use communications facility
or telecommunications equipment building, as defined herein, is located
or proposed to be located.
COMMUNITY SPECIAL EVENT SIGN
A temporary sign, either portable or nonportable, displayed
for a limited time, which carries information about a special event
or activity such as an auction, flea market, festival, carnival, meal,
charitable or educational activities or fund-raising event of interest
to the general public.
CONDITIONAL USE
A use permitted in a particular zoning district which requires
approval by the Board of Commissioners under terms and procedures
and with conditions prescribed therein.
CONSTRUCTION
The building of something, typically a large structure.
CONSTRUCTION OR INDUSTRIAL EQUIPMENT
Any motor vehicle, trailer or implement used in construction
or industry, and only incidentally operated or moved over public highways.
The term includes, but is not necessarily limited to, bulldozers,
cranes, excavators, forklifts, motor graders, road rollers, mixers,
earth movers, compressors, generators and lot clearing equipment but
excluding domestic equipment.
CONSUMER FIREWORKS
A.
Any combustible or explosive composition or any substance or
combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that 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 which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA) Standard
87-1 (relating to the Standard for Construction for Approval for Transportation
of Fireworks, Novelties and Theatrical Pyrotechnics), or any successor
standard.
B.
The term does not include devices known as "ground and handheld
sparkling devices," "novelties" and "toy caps" in APA Standard 87-1,
the sale, possession and use of which shall be permitted as set forth
herein.
CUL-DE-SAC
A street terminating in a circular vehicular turnaround area,
having only one means of access.
DAY
As used in this section, shall mean the twenty-four-hour
period from 00:00 to 24:00.
DAY NURSERY
A building or portion thereof where children are temporarily
cared for in their parents' absence between the hours of 6:00 a.m.
and 7:00 p.m.
DBH
Diameter at breast height.
DEAD END
A street having only one means of access with no turnaround
at its closed end.
DECIDUOUS
A plant with foliage that is shed annually.
DECKED SIGN
A structure consisting of two signs, one above the other,
both facing the same direction.
DETENTION
The slowing, dampening or attenuating of runoff flows entering
the natural drainage pattern or storm drainage system by temporarily
holding water on a surface area, such as in detention basins, in reservoirs,
on rooftops, in streets, parking lots or within the drainage system
itself, and releasing the water at a desired rate of discharge.
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.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision and all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
DIRECTIONAL SIGN or DIRECTIONAL INCIDENTAL SIGN
A sign generally informational, that has a purpose secondary
to the use of the lot or site on which it is located, such as "No
Parking," "Entrance," "Exit," "One Way," "Loading Only," "Telephone"
and other similar directives, and provided that such sign does not
exceed three square feet. Directional, incidental sign shall be located
only in conjunction with site drive entrances and/or internal traffic
drive aisles.
DOMESTIC EQUIPMENT
Power tools or equipment designed and intended for use by
a homeowner for household utility applications, building repair and
maintenance, including but not limited to power hand tools, lawn mowers,
garden equipment, snowblowers and snow removal equipment, and not
designed, used or intended to be used for commercial or industrial
purposes.
DRIVEWAY
A private road from a house or a garage to a street and used
especially by automobiles.
DUMP TRUCK
A truck designed and used for the transportation of bulk
material that has a body which tilts to dump its contents.
DUMPSTER
Any portable container, receptacle, compactor unit, trailer,
roll-off box, collection bin, tub, or similar unit with or without
wheels that is used or designed for temporary storage, containment
or transport of refuse, debris, trash, garbage, food waste, solid
waste, recyclable material, incidental demolition debris or other
discarded or like materials. Also "refuse container" or "trash container."
DWELL TIME
The interval of change between each individual static message
and which shall be at least 10 seconds and a change of which must
be completed within one second or less. The dwell time shall not include
the one second or less required to change a message. There shall be
no special effects between messages.
DWELLING UNIT
One or more living or sleeping rooms with cooking and sanitary
facilities for one family. A portable trailer, a shack or any makeshift
abode shall not be deemed to be a "dwelling unit."
ELECTRIC TRANSMISSION TOWER
A structure of any height which is intended to or which supports
the principal or trunk conductor or wire of an electric lighting or
power transmission system.
ELECTRONIC SIGN
Any sign, video display, projected image or similar device
or portions thereof with text, images, or graphics generated by solid
state electronic components. Electronic signs include, but are not
limited to, signs that use light-emitting diodes (LED), plasma displays,
fiber optics, or other technology that results in bright, high-resolution
text, images and graphics. See "off-premises advertising sign." See
also "business sign."
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of an adult-oriented establishment.
ENCLOSURE WALL
An upright work or structure constructed of stone, brick
or other material, built to enclose a place or area. An enclosure
wall is similar to a fence in that both sides of the structure are
visible. See "wall."
ENFORCEMENT NOTICE
A notice as provided in Section 616.1 of the MPC, 53
P.S. § 10616.1, sent by the Township to the owner or occupant
of record of a parcel on which a violation of this chapter has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel, and to any other person requested in
writing by the owner or occupant of record, the purpose of which is
to initiate enforcement proceedings.
ENTERTAINER
A person who provides entertainment within an adult-oriented
establishment, whether or not a fee is charged or accepted for entertainment
and whether or not entertainment is provided as an employee or an
independent contractor.
ENTERTAINMENT
An interesting, diverting or amusing thing or that which
serves as amusement, such as a show, performance or music.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person and who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
ESSENTIAL SERVICES
Underground or overhead gas, electrical, steam or water transmission
or distribution systems, collection, communication, supply or disposal
systems and their required buildings, owned and operated by a public
utility [licensed by the Pennsylvania Utility Commission (hereinafter
"PUC") as such]. Essential services do not include public or private
incinerators, landfills or similar waste disposal facilities, or communications
towers, communications facilities, telecommunications equipment buildings,
telecommunications equipment buildings or other structures used for
telecommunications, radio, cellular telephone, paging, television
or similar uses.
EVERGREEN
A plant with foliage that persists and remains green year-round.
FAA
The Federal Aviation Administration.
FACADE
All the wall planes of a structure as seen from one side
or view. The exterior face of a building, including but not limited
to the wall, windows and doorways. For example, the front facade of
a building would include all of the wall area that would be shown
on the front elevation of the building plans.
FACADE, BUILDING
That portion of any exterior elevation on the building extending
from finished grade to top of the parapet, wall or eaves and the entire
width of the building elevation as determined by the Code Enforcement
Officer. For example, the front facade of a building would include
all of the wall area that would be shown on the front elevation of
the building plans.
FACE OF SIGN
The side or sides of a sign on which the lettered, pictorial
or sculptured matter designed to convey information is to be placed.
FALL RADIUS
The area in which a communications tower is designed to fall
as measured from its base.
FAMILY
Either an individual or two or more persons related by blood
or marriage or adoption and, in addition, any domestic servants or
gratuitous guests thereof or a group of not more than three persons
who need not be related, who are living together in a single dwelling
unit and maintaining a common household. Nothing in this chapter is
intended or shall be interpreted, enforced or administered in any
means or manner inconsistent with or conflicting with the Federal
Fair Housing Amendments Act of 1988.
FCC
The Federal Communications Commission.
FENCE
A barrier of wooden posts, wire, iron or other material erected
for the purpose of enclosing a piece of land or to divide a piece
of land into distinct portions or to separate two contiguous estates
or which is used as a boundary or means of protection or confinement.
FIFTH-WHEEL TRAILER RECREATIONAL VEHICLE
A fifth-wheel is a towable recreational vehicle designed
to be towed by a motor vehicle using a towing mechanism that is mounted
above or forward of the tow vehicle's rear axle by way of a special
fifth-wheel hitch. Fifth-wheel trailers are also known as "a 5th wheel"
or a "fiver." Fifth-wheel trailers are usually 22 to 40 feet in length.
FIREWORKS
Any composition or device designed to produce a visible or
an audible effect by combustion, deflagration or detonation, and which
meets the definition of "consumer fireworks" in this section.
FIVER
See "fifth-wheel trailer recreational vehicle."
FLAG
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision,
religious, education or corporate organization, providing that such
flags are displayed for noncommercial purposes.
FLASHING SIGN
A sign, the illumination of which is intermittently on and
off so as to flash or blink or the intensity varies so as to appear
to flash or blink. Such signs are prohibited.
FLATBED
A truck or trailer with a body in the form of a platform
with no sides or roof.
FLOOR AREA
The sum of the gross area of all floors of a building measured
from the face of the interior walls.
FOLDING TRAILER
A folding trailer is a small, lightweight, towable recreational
vehicle that folds or collapses into a low profile and can be towed
behind light vehicles such as cars, SUVs, and mini pickup trucks.
Some of the smallest models can be towed behind large motorcycles.
Folding trailers are also known as camper trailers, folding campers,
pop-up trailers and tent trailers. Folding trailers are usually eight
to 24 feet in length.
FOOTPRINT
The total area of the foundation of the structure. The horizontal
area, as seen in plain view, of a building or structure, measured
from the outside of exterior walls and supporting columns, and excluding
eaves.
FRATERNAL LODGE
A structure or portion thereof exclusively occupied by a
club, society, order or voluntary association, or a subordinate lodge
or branch thereof, which is organized and carried on solely for religious,
social, charitable or professional purposes, and nonprofit, which
has restricted membership and a representative form of government.
FRONT FACADE
The facade of the building adjacent to the front property
line. That portion of the facade of a dwelling fronting on a street
or trafficway, or the portion of the facade most closely complying
with that definition, as in the case of a flag lot. Where a lot has
more than one frontage on a street or trafficway, all such frontages
shall be considered the front facade, except where a facade meets
the definition of rear facade. The front facade of a building would
include all of the wall area that would be shown on the front elevation
of the building plans.
FRONT YARD DEPTH
The prescribed minimum open space extending across the entire
width of the lot between the front line of the building and the street
right-of-way.
GARAGE
An accessory building or portion of a main building designed
or used for parking or storage of motor vehicles by the occupants
of the dwelling and wherein no business, occupation or service is
conducted for profit or economic gain. A garage may be attached to
or detached from another structure.
GROSS VEHICLE WEIGHT RATING (GVWR)
The value specified on the federal weight certification label
by the manufacturer as the loaded weight of a single vehicle. It is
the maximum allowable total weight of a vehicle or trailer when loaded
and includes the weight of the vehicle itself plus fuel, passengers,
cargo and trailer tongue weight.
GROUND AND HANDHELD SPARKLING DEVICES
Any devices designed to produce a shower of sparks or a cloud
of smoke, do not rise into the air or shoot projectiles into the air,
and do not explode or produce a report. They include: cylindrical
fountains, cone fountains, illuminating torch, wheels, ground spinners,
flitter sparklers, toy smoke devices and wire sparklers/dipped sticks
(the larger type wire sparkler, up to 100 grams of pyrotechnic composition
per item).
GROUND COVER
Plants, other than turf grass, normally reaching an average
maximum height of not more than 24 inches at maturity.
GROUND SIGN
A two-sided freestanding business sign or business directory
sign that is not attached to any building and that is supported by
upright structural members anchored into the ground. The height of
a ground sign shall be measured from the ground elevation nearest
to the sign to the highest elevation of the sign structure, and the
overall height of the sign shall not exceed a height of 25 feet.
GROUP-CARE FACILITY
A facility which provides resident services to two or more
individuals who are unrelated. It is a facility where individuals
who are handicapped, aged, disabled or undergoing rehabilitation are
provided services to meet their needs. This type of use includes uses
licensed or supervised by any federal, state or county health/welfare
agency, such as group homes, halfway houses, resident schools, resident
facilities and foster homes or boardinghomes.
GUYED TOWER
A communications tower anchored by guy wires.
HEDGE
A screen or barrier made of living plants; any self-supporting
barrier of living vegetation that encloses, screens or separates areas.
A dense row of bushes, shrubs or small trees planted close together,
forming a fence or boundary.
HEDGEROW
An artificially constructed barrier of naturally vegetated
plant material installed to enclose or screen areas of land uses,
buildings, structures, parking areas, private outdoor areas such as
lawns and decks and/or storage areas.
HEIGHT
In the case of buildings, the vertical distance from the
mean level of the ground surrounding the building to the top of the
highest roof beams of a flat roof or the mean level of the highest
gable or slope of a hip roof. When the building faces on more than
one street, the height shall be measured from the average of the grades
at the center of each street front. Retaining walls shall be measured
from the lowest level of grade to the top of the wall. In case of
other structures, the height shall be the vertical distance from the
mean level of the ground surrounding the structure to the highest
point of the structure.
HEIGHT OF COMMUNICATIONS TOWER
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
HIGHWAY
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for the purposes of vehicular travel. The term includes roadways,
trafficways, shot and chipped roads and laned roadways open to the
use of the public for vehicular travel.
HOME OCCUPATION
An accessory use of a service character customarily conducted
within a dwelling by the residents therein, which is clearly secondary
to the use of the dwelling for living purposes and does not change
the principal character thereof nor have any exterior evidence of
such secondary use other than a small nameplate, and which does not
involve the keeping of a stock-in-trade. Dancing instructions, commercial
sale of firearms and guns, group musical instructions, tearooms, barbershops,
beauty shops, massage parlors and the conduct of a commercial enterprise
shall not be deemed to be a "home occupation."
IDENTIFICATION SIGN
A sign used to identify:
A.
The name of the individual or organization occupying, leasing
or owning the premises and/or the profession of the occupant; or
B.
The name and/or management of the building on which the sign
is displayed or the name of the major enterprise or principal product
or service on the premises.
ILLEGAL SIGN
Any sign erected, altered, moved, repaired, maintained or
replaced in violation of this chapter.
ILLUMINATED SIGN
Any sign that has characters, letters, figures, designs or
outlines illuminated by electric lights or luminous tubes as a part
of the sign:
A.
BACKLIGHTINGIllumination of an outside area or object by any man-made device that shines from behind the object or area.
B.
INTERNAL LIGHTINGIllumination of an outside area or object by any man-made device that shines from within the object or area.
C.
EXTERNAL LIGHTINGIllumination of an outside area or object by any man-made device that shines onto or reflects from said area or object.
D.
HOURS OF ILLUMINATIONNo billboard or electronic off-premises advertising sign shall be illuminated between 12:00 midnight and 5:00 a.m., prevailing time.
IMPROVED SURFACE
A paved surface designed for the use of motor vehicles and
constructed of concrete, asphalt, gravel or similar materials.
INDUSTRIAL
Of or pertaining to the commercial production, provision
or sale of goods or services.
INSPECTOR
The Township Building Inspector, Zoning Officer or an employee
of the Township's Police Department authorized by the Township Chief
of Police, or other persons designated by the Township Board of Commissioners
to inspect premises regulated under this article, to cooperate in
taking the required actions authorized by this article where violations
are found on premises, and to request correction of unsatisfactory
conditions found on premises.
INSTITUTIONAL IDENTIFICATION SIGN
A sign or bulletin board which identifies the name and other
characteristics of a public, semipublic or private institution on
the site where the sign is located. Institutions shall include churches,
hospitals, nursing homes, schools and other nonprofit and charitable
organizations.
INSTITUTIONAL INFORMATIONAL SIGN
Any sign giving information to employees, visitors or delivery
vehicles to an institution but containing no advertising. Such signs
may include the name of institution but must predominantly represent
a directional or informational message.
INTERMEDIATE TURNAROUND
A turnaround for vehicles located midway between the beginning
and the end of a street that is not a through street.
JUNK
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse and shall include worn out and discarded
material or article that may be turned into some use, and shall include,
by way of illustration and not limitation, scrap copper, brass, rope,
rags, batteries, paper, trash, rubber debris, waste, iron, steel and
other old or scrap ferrous or nonferrous material, including wrecked,
scrapped, ruined, dismantled or junked motor vehicles, or parts thereof,
as well as scrapped, scavenged, junked or recovered machinery, equipment,
appliances and household furnishings or any parts of or from any of
the foregoing, including articles and recyclable materials that have
outlived their usefulness in their original form and are commonly
gathered up and sold to be converted into another product, either
of the same or of a different kind, and other salvageable or unsalvageable
material. The term is not intended to be applied to accumulation of
materials reasonably and normally accumulated by private families.
JUNK DEALER
Any person who is engaged in the business of buying and selling
junk as herein defined or who accumulates, buys, sells, salvages,
collects, deals in, stores or disposes of junk in the Township.
JUNKYARD
Any outdoor establishment, place of business, or activity
in the Township which is maintained, used or operated for storing,
keeping, buying or selling junk, including any premises where junk
is stored, disposed of or accumulated, as well as any place in the
Township owned, leased, operated, maintained or used by a junk dealer
where junk is stored, kept, disposed of or accumulated. Any premises
having two or more scrapped, abandoned or junked motor vehicles thereon
shall be deemed to be a junkyard.
JUNKED MOTOR VEHICLE
Any motor vehicle which does not bear a then-current registration
plate and an approved and current inspection sticker from the Pennsylvania
Department of Transportation or of the motor vehicle bureau of any
other state.
LAND DEVELOPMENT
Any of the following activities:
A.
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 purposes of streets, common areas,
leaseholds, condominiums, building groups or other features.
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 other person having a proprietary interest in land.
LARGE VIDEO DISPLAY
An electronic sign that features real-time, full-motion or
pictorial imagery of television quality or better.
LATTICE TOWER
A self-supporting communications tower with three or more
sides of an open-framed construction.
LCD
A liquid crystal display, electronic visual display or video
display that uses light-modulating properties of liquid crystals.
LED
Light-emitting diode. A type of LCD screen; how the LCD screen
is backlit.
LICENSE
The permit issued by the Township to a person who accumulates,
buys, sells, salvages, collects, deals in, stores or disposes of junk.
LOAD HAZARD
The weight borne by a structure, including all load factors
and including but not limited to dead loads, wind loads, ice loads,
seismic loads, material properties, shear force, bending movement,
and axial load deflections, antennas and transmissions.
LOT
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. See Exhibits A, B, B-1, C and D.
LUMINANCE
The photometric quantity most closely associated with the
perception of brightness. Luminance is measured in candelas per square
meters or "nits."
MARQUEE
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather, and which provides an area for manual or electronic changeable
copy.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
METHADONE TREATMENT FACILITY
A facility licensed by the Department of Health to use the
drug methadone in the treatment, maintenance or detoxification of
persons.
MINOR
A person under 18 years of age.
MOBILE HOME
A transportable, one-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit, capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A piece or 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.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designed that it contains two or more mobile home lots for the placement
thereon of mobile homes.
MONOPOLE TOWER
A communications tower which consists of a single pole.
MOTION
The depiction of movement or change of position of text,
images or graphics. "Motion" shall include, but not be limited to,
visual effects such as dissolving and fading text and images, running
sequential text, graphic bursts, lighting that resembles zooming,
twinkling or sparkling, changes in light or color, transitory bursts
of light intensity, moving patterns or bands of light, expanding or
contracting shapes, and similar actions.
MOTOR VEHICLE
A vehicle of any kind which is self-propelled, except one
which is propelled solely by human power or by electric power obtained
from overhead trolley wires but not operated upon rails.
MULTIFAMILY DWELLING
A building or portion thereof containing three or more distinct
and noncommunicating dwelling units, each for exclusive use by one
family and each with its own separate exterior entrance.
NITS
A unit of measure of brightness or luminance. One nit is
equal to one candela/square meter.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and the surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge in volume or type that is not normally associated with residential
use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
NONCONFORMING FENCE OR WALL
A fence or wall lawfully existing on the effective date of
this chapter or subsequent amendment hereto, which does not completely
conform to this chapter. An illegal fence or wall is not a nonconforming
fence or a nonconforming wall.
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING SIGN
A sign, lawfully existing on the effective date of this chapter
or subsequent amendment hereto, which does not completely conform
to the sign regulations applicable in the district in which it is
located. An illegal sign is not a nonconforming sign.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such "nonconforming structures" include,
but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment or prior to the application
of this chapter or amendment to its location by reason of annexation.
NONPROFIT
An entity not intending or intended to earn a profit, which
is organized as a nonprofit corporation or nonprofit unincorporated
association under the laws of this commonwealth or the United States
or any entity which is authorized to do business in this commonwealth
as a nonprofit corporation or unincorporated association under the
laws of this commonwealth, including schools, libraries, colleges,
museums, community swimming pools, day nurseries, kindergartens, recreational
and community centers and volunteer fire and ambulance and religious,
charitable, veterans and civic associations or any separately chartered
auxiliary of the foregoing, if organized and operated on a nonprofit
basis.
NOVELTY
A device containing small amounts of pyrotechnic and/or explosive
composition but does not fall under the category of consumer fireworks.
Such devices produce limited visible or audible effects. Examples
are snakes, tanks, poppers, snappers, toy smoke devices (not more
than five grams of pyrotechnic composition), snakes/glow worms (less
than two grams of composition) and wire sparklers/dipped sticks (up
to 100 grams of composition).
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
NURSING HOME or CONVALESCENT HOME
Any structure with sleeping rooms where persons are housed
or lodged and furnished with meals and nursing care for hire or such
home operated by a nonprofit group or entity.
OFF-PREMISES ADVERTISING SIGN or OFF-PREMISES SIGN
A sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered only elsewhere than upon
the premises where the sign is displayed and shall include billboards
and electronic signs.
ONE-FAMILY DWELLING
A detached building containing only one dwelling unit, for
exclusive use by one family.
OPACITY
The quality or fact of being opaque; opaqueness; the property
of a substance whereby it partially or wholly obstructs the transmission
of visible light expressed as the percentage to which light is obstructed;
the degree of light-obscuring capability of emissions of visible air
contaminants expressed as a percentage. Complete obscuration is expressed
as 100% opacity and complete transparency is expressed as 0% opacity.
OPAQUE
Not letting light pass through; not transparent.
OPAQUE BARRIER
A visual screening accomplished by way of vegetation, wall or fencing not exceeding the height standards set forth in Chapter
118 of the Code (relating to fences, walls and hedges).
OPEN SPACE
An area within the requirements for front yard depth, rear
yard depth and side yard width on which no structures are permitted
above the ground level except steps, flagpoles, lampposts, mailboxes,
fences and cornices, driveways, sidewalks, air conditioners, chimneys
or other roof overhangs, including gutters, not to exceed 24 inches
in width and open porches not to exceed five feet in depth and 12
feet in width and excepting enclosure walls in open spaces in NS Neighborhood
Shopping, P Professional, GC General Commercial and I Industrial Zoning
Districts in the Township.
OPERATOR
A person, partnership or corporation operating, conducting
or maintaining an adult-oriented establishment.
OWNER
A person, other than a lienholder, having the property right
in or title to a vehicle. The term includes a person entitled to the
use and possession of a vehicle subject to a security interest in
another person but excludes a lessee under a lease not intended as
security.
PARK or PARKING
A.
When permitted, means the temporary storing of a vehicle, whether
occupied or not, off or on a roadway or a highway.
B.
When prohibited, means the halting of a vehicle, whether occupied
or not, except momentarily for the purpose of and while actually engaged
in loading or unloading property or passengers.
PARKING AREA
An open area, other than a street or way, with an improved
surface, used for the parking of motor vehicles.
PARKING SPACE
A space in a garage or parking area, not less than nine feet
wide and 20 feet long, reserved for the parking of only one motor
vehicle.
PENNANT
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in a series, designed to move in the wind.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
Includes any individual, partnership, association, company,
firm, corporation or any other legal entity.
PERSONAL WATERCRAFT
A small boat which uses an inboard motor powering a water
jet pump as its primary source of power. Generally, a watercraft designed
for one or two persons only, not weighing over 350 pounds and always
not being more than 10 feet in length. The term "personal watercraft,"
for the purposes of this chapter, shall also include "sea sleds,"
"jet skis," "wave runners" or other such product name meeting the
description herein provided.
PET CONTAINMENT FENCE
An out-of-sight fencing system using electric current on
buried wire designed to keep pets on a property.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units or a combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PORTABLE CARPORT or FREESTANDING CARPORT
A detached manufactured accessory building customarily used
for the shelter or storage of vehicles, including canopies used for
such, which can be easily moved without disassembly after removal
of any tie-down or other anchoring provisions intended to compensate
for wind displacement and which is generally a frame covered by lightweight
material.
PORTABLE SIGN
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels;
signs converted to A- or T-frames; sandwich board signs; balloons
used as signs; umbrellas used for advertising; and signs attached
to or painted on vehicles parked and visible from the public right-of-way,
unless vehicle is used in the normal day-to-day operations of the
business.
PORTABLE STORAGE UNITS (also known as "PORTABLE ON-DEMAND STORAGE
UNITS"), hereinafter PODS®
Portable containers that are placed on, in front of, beside
or behind a property for the purpose of storing, loading or unloading
furniture, clothing or other personal or household belongings as part
of the process of renovation or moving, the relocation of belongings
to an off-site commercial storage location, or on-site storage in
the aftermath of the property being affected by a natural disaster
and include but are not limited to certain trade-named units called
PODS®, Door-to-Door Storage, Pack Rat, Smart Box Portable Storage,
Smart Move and the like portable on-demand storage containers. Unlike
trailers typically attached to semitrucks for transport, portable
storage units must be no larger than eight feet by eight feet by 16
feet.
PRIVATE GARAGE
An accessory structure or part of a main building in which
not more than four passenger automobiles per dwelling unit are housed
for the convenience of the occupants of the main building or one commercial
vehicle with a GVWR of less than 5,000 pounds and is used solely by
the occupants of the main building.
PROFESSION
Includes any occupation or vocation in which a professed
knowledge of some department of science or learning is used by its
practical application to the affairs of others, either advising, guiding
or teaching them, and in serving their interest or welfare in the
practice of an art founded on it. The word implies attainments in
professional knowledge as distinguished from mere skill in the application
of such knowledge to uses for others. It requires knowledge of an
advanced type in a given field of science or instruction and study.
It includes, for example, doctors, dentists, architects, engineers,
lawyers, accountants, optometrists, ministers and funeral directors.
PROFESSIONAL OFFICE
The office of a member of a profession maintained for the
conduct of such profession.
PROJECTING SIGN
A two-sided sign attached perpendicular to the building face.
See "business sign."
PUBLIC GARAGE
A building or part thereof, other than a private garage,
for the storage and/or repair of motor vehicles.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas.
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice, intended
to inform and obtain public comment prior to taking action.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
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 and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC UTILITY
A system providing distribution of water, gas, electric or
telephone services, or the collection and disposal of wastewater,
such system operating as a municipal authority or under the rules
and regulations of the State Public Utility Commission. This definition
does not include any system or device used for the transmission or
reception of radio, television, wireless telephone, pager, commercial
mobile radio service or any other wireless communications signals.
PUBLIC UTILITY BUILDING
A building, or extension thereof, used or to be used by a
public utility corporation licensed by the PUC as such. The term shall
not include equipment buildings or storage structures that house transmitting
equipment for radio, cellular telephone, paging or television towers
and antennas, telecommunications equipment buildings or other transmission
facilities.
PUC
The Pennsylvania Public Utility Commission.
REAR FACADE
The facade of a building adjacent to the rear property line;
that facade parallel to the front facade. For example, the rear facade
of a building would include all of the wall area that would be shown
on the rear elevation of the building plans.
REAR YARD DEPTH
The prescribed minimum open space extending across the entire
width of the lot between the back line of the building or accessory
structure and the rear lot line as shown on the exhibits attached
hereto.
RECREATIONAL EQUIPMENT
A vehicle or equipment designed for outdoor recreational
use that is not otherwise defined as a recreational vehicle and includes
but is not limited to all-terrain vehicles (ATVs), dirt bikes, go-karts,
golf carts, and any other similar vehicles.
RECREATIONAL VEHICLE
A vehicle built on a single chassis, designed for recreational
purposes and which may be self-propelled or towed by another vehicle.
A recreational vehicle is not designed or intended for use as a permanent
dwelling. A recreational vehicle shall include but not be limited
to recreational trailers, travel trailers, trailer coaches, truck-campers,
motor homes, boats, personal watercraft, houseboats and campers.
RESIDENTIAL IDENTIFICATION SIGN
Any on-site noncommercial sign located in a district zoned
for residential uses that contains no commercial message and intended
to identify the name of the resident and/or the street number or apartment
number of the dwelling unit.
RESTAURANT
A place where the principal and substantial activity is the
sale of food and the incidental sale of nonintoxicating beverages
or intoxicating beverages if licensed by the Pennsylvania Liquor Control
Board.
RETAINING WALL
An upright work or structure constructed of block, stone,
brick or other material and used to either directly support retained
material or to serve as a facing of a cut slope. A structure erected
or constructed for the purpose of restraining the lateral movement
of soil, to contain earth or other natural materials, and which does
not exceed the height of earth intended to be supported. Unlike a
fence or an enclosure wall, only one side of a retaining wall is visible.
See "wall," "retaining wall, engineered."
RETAINING WALL, ENGINEERED
A professionally engineered structure designed and constructed
to retain the earth on one side at a higher elevation than the earth
on the other side in such a way that resists the lateral displacement
of soil or other materials in order to stabilize slopes and provide
usable areas of land at different elevations.
RFI
Radio frequency interference.
ROOF SIGN
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure and extending vertically
above the top walk or edge of a flat roof, the eaves line of a building
with a gambrel, gable or hip roof, or the deckline of a building with
a mansard roof.
ROOMING HOUSE
A building or portion thereof, other than an apartment hotel
or a hotel, containing not more than one dwelling unit, if any, where
lodging is provided without meals, for compensation, to persons other
than members of the family residing in the dwelling unit.
SCHOOL BUS or SCHOOL VEHICLE
A motor vehicle designed and used for the transportation
of pre-primary, primary or secondary students to or from public, private
or parochial schools or events related to such schools or school-related
activities.
SCREEN or SCREENING
As used in this chapter, the method by which the view from one site to an adjacent site is shielded or hidden. Screening techniques must cover the entire length and height of the commercial or recreational vehicle and may include bufferyards, berms and opaque fences or walls not exceeding the height standards set forth in either Chapter
118, Fences, Walls and Hedges, or this chapter of the Code (relating to fences, walls and hedges) and must have at least 75% opacity, thereby reducing the impact of noise and unsightly vision intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls or any appropriate combination thereof so that the adjacent site is not visible at ground level from another property or from any public right-of-way.
SEARCH RING
The defined area in which an antenna array may be located
which will fulfill the radio frequency needs of a provider in providing
a coverage area. Generally, the search ring is shown on a map.
SECTION
A geographical area or portion of a tract that is proposed
for planned residential development and which is to be developed in
accordance with a timetable for development that is included as part
of the applicant's development plan.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEMITRAILER
A trailer so constructed that some part of its weight rests
upon or is carried by the towing vehicle.
SETBACK
The required minimum distance from the property line to where
a structure may be built, constructed or erected.
SEXUAL ACTIVITIES
Does not include any of the following:
A.
Medical publications or films or bona fide educational publications
or films.
B.
Any art or photography publications which devote at least 25%
of the lineage of each issue to articles and advertisements dealing
with subjects of art or photography.
C.
Any news periodical which reports or describes current events
and which from time to time publishes photographs of nude or seminude
persons in connection with the dissemination of the news.
D.
Any publications or films which describe and report different
cultures and which from time to time publish or show photographs of
depictions of nude or seminude persons when describing cultures in
which nudity is indigenous to the populations.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
motel, adult mini motion-picture theater, adult motion-picture theater,
escort agency, nude model studio, or sexual encounter center or any
other adult-oriented establishment.
SHALL
Indicates that an action is required or prohibited.
SIDE YARD WIDTH
The prescribed minimum open space extending from the side
of any building or accessory structure along the side lot line throughout
the entire depth of the yard. Any lot line not a rear line or a front
line shall be deemed a side line.
SIDEWALK
A walk consisting of a paved area for pedestrians usually
beside a street or roadway.
SIGHT OBSCURING
Opaque or having such qualities as to constitute a complete
visual barrier to persons outside the perimeter of the sight-obscuring
object. A fence which partially obscures sight shall not be considered
sight-obscuring if the distance or open space between boards, slats,
rails, stanchions or balusters (which shall not exceed four inches
in width) equals or exceeds the width of said boards, slats, etc.,
measured at 90° angles.
SIGN
Any surface, fabric or device bearing lettered, pictorial
or sculptured matter designed to convey information or images visually
and exposed to public view, or any structure designed to carry the
above visual information.
A.
A "sign" includes but is not limited to:
(1)
A separate structure consisting of a face or faces upon which
information is portrayed and its supporting elements, including the
foundation;
(2)
A structure or device erected in the form of a symbol or trademark;
(3)
A structure or device designed to carry visual information,
attached or fastened to another structure, such as on the wall or
roof of a building;
(4)
A surface of a structure or device upon which lettered, pictorial
or other visual information is painted; or
(5)
Window signs, cloth banners, balloons, festoon lighting, pennants
or other devices designed to attract attention by animation or by
direct or reflected lighting.
B.
A "sign" does not include:
(1)
Merchandise, pictures or models of products or services incorporated
in a window display;
(2)
Holiday decorations customarily displayed in a window or on
or about the premises of residential structures or in windows of business
uses, without business advertising; or
(3)
Works of art which in no way identify a business or a product.
SIGNAGE
Signs considered as a group; the design or use of signs.
SIGN, CHANGEABLE COPY
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the only copy that changes is
an electronic or mechanical indication of time or temperature shall
be considered a time-and-temperature portion of a sign and not a changeable
copy sign for purposes of this chapter.
SNOWPLOW
An implement specially designed for commercial or industrial
snow removal, whether by pushing it, blowing it away or lifting it
into a truck, but excluding domestic equipment; a flat or curved piece
of metal usually attached to the front of a vehicle to clear away
snow. A plow-like device or vehicle used to remove snow, especially
from roads and parking lots.
SPECIAL EXCEPTION
A use permitted in a particular zoning district, which the
Zoning Hearing Board is permitted to authorize in specific instances
listed in this chapter, under the terms, procedure and conditions
prescribed herein.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals or pubic region;
(3)
Female breasts below a point immediately above the top of the
areola.
B.
Human male genitals in a discernible turgid state, even if completely
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts.
STAGE
One or more sections on which an applicant proposes to commence
development at the same time as part of a timetable for development
of a planned residential development over a period of years.
STEP VAN
A motor vehicle having a generally rectangular bulk, designed
and manufactured primarily as a commercial delivery or service truck,
and characterized by having sufficient headroom for an adult six feet
in height to stand upright.
STORE or STORAGE
To park, place or leave any commercial or recreational vehicle
on any residential property or highway for later use for a period
of more than 24 consecutive hours.
STORMWATER MANAGEMENT
The method for detention and control of stormwater runoff
from a specific development site.
STORY
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor or roof above
it, excluding a cellar or basement.
STREAMER
A long narrow flag, banner or pennant suspended from one
or more corners, used to draw attention to a business or its signs.
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 or pedestrians, whether public or
private.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) of those improvements required as a condition
for final approval have been completed in accordance with the approved
plan, so that the project will be able to be used, occupied or operated
for its intended use.
SUPPLEMENTAL SIGN
Any sign identifying special features or services of a trade
or business, including additional corporate or business logos, entrance
or exit signs, or signs identifying functions, such as showroom, sales,
service or repairs. See "business sign."
SURCHARGE
A vertical load imposed on the retained soil that may impose
a lateral force in addition to the lateral earth pressure of the retained
soil. Examples of surcharges include sloping retained soil and structure
footings supported by the retained soil.
TANDEM AXLE
Every axle located within eight feet of another axle.
TELECOMMUNICATIONS EQUIPMENT BUILDING
The building in which electronic receiving and relay equipment,
cooling equipment and monitoring devices for a communications facility
are housed. Telecommunications equipment buildings shall not be construed
to be within the definition of "public utility" contained in this
section.
TEMPORARY
For the purposes of this chapter, "temporary" means not more
than 24 hours.
TEMPORARY POLITICAL SIGNS
A sign, placard or sticker which announces a political candidate
seeking office, political parties and/or political and public issues
contained on an election ballot and includes, but is not limited to,
structures or devices upon which lettered, pictorial or other visual
information is painted, including paper, plastic or cloth banners,
pennants, balloons or other devices designed to attract attention.
TEMPORARY SIGN
A wall, window, awning, projecting or ground sign that provides
decoration and/or identifies advertising or nonadvertising information
such as a business name, business address, owner, logo and/or building
name relating to brief activity, the erection or display of which
is not to exceed a period of 30 days in any calendar year and which
takes place not more than one time a year. A temporary sign includes
a banner, cloth, pennant, streamer or other flexible material suspended
from a building, structure or pole. A business establishment may erect
or display only one temporary sign on a lot in any calendar year.
See "business sign."
TOTAL SIGNAGE AREA
The area of a sign shall include all lettering, wording and
accompanying designs and symbols together with the background, whether
open or enclosed, on which they are displayed, together with any material
or color forming an integral part of the background of the display
or used to differentiate the sign from the backdrop or building against
which it is placed, but not including any supporting framework and
bracing that are incidental to the display itself.
TOY CAPS
Plastic or paper caps for toy pistols in sheets, strips,
rolls or individual caps containing not more than 16 milligrams of
composition per cap.
TRACTOR
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
TRAILER
A vehicle designated to be towed by a motor vehicle.
TRAILER COACH
A vehicle primarily designed and used as temporary living
quarters for recreational, camping or travel purposes and drawn by
another vehicle.
TRANSFER OF OWNERSHIP OR CONTROL OF SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
C.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
TRANSFERABLE DEVELOPMENT RIGHTS
The attaching of development rights to specified lands which
are desired by Shaler Township to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands within Shaler
Township where more intensive development is deemed by the Township
to be appropriate.
TRAVEL TRAILER
A towable recreational trailer that connects to a ball hitch
mounted on the tow vehicle and designed as living quarters for recreational
travel. A travel trailer is also known as a conventional trailer,
a bumper-pull trailer, a travel trailer coach, and a tagalong trailer.
A travel trailer is usually between 10 and 35 feet in length.
TRUCK
Any motor vehicle designed, used or maintained primarily
for the transportation of property or designated as a truck by the
manufacturer.
TRUCK CAMPER
A truck camper is not a vehicle in itself, but rather is
an add-on camper body with living quarters designed to slide into
the bed of a standard pickup truck to make it a recreational vehicle.
The camper is fastened to the truck frame during transport and slides
out onto its own legs at the campsite. A truck camper is sometimes
known as a camper or a slide-on camper. Truck campers are usually
between eight and 20 feet in length.
TWIRL TIME
The time it takes for static text, images and graphics on
an electronic sign to change to a different text, images or graphics
on a subsequent sign face.
TWO-FAMILY DWELLING
A building containing two noncommunicating dwelling units,
each for exclusive use by one family and each with its own separate
exterior entrance door.
USE
The purpose or activity for which the land or structure thereon
is designed, arranged or intended, or for which it is occupied or
maintained.
USE REGISTRATION CERTIFICATE
A certificate to be furnished by a seller of property to
a buyer thereof, showing the legal use and zoning classification of
such property.
UTILITY BUILDING
A storage shed for normal household maintenance materials
and tools, not to exceed 144 square feet in floor area or 10 feet
in height. The term shall not include equipment buildings or storage
structures that house transmitting equipment for radio, cellular telephone,
paging or television towers and antennas, telecommunications equipment
buildings or other transmission facilities.
UTILITY TRAILER
A trailer having a gross weight, including load thereon,
of 9,000 pounds or less.
UTILITY VEHICLE
A motor vehicle having a utility body attached, consisting
of and containing cabinet compartments.
VARIANCE
A modification of the literal provisions of this chapter,
which the Zoning Hearing Board is permitted to grant, subject to the
terms and conditions of this chapter, when strict enforcement of such
provisions would cause undue hardship because of circumstances unique
to the individual property with respect to which the "variance" is
sought.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
VEHICULAR SIGN
Any sign displayed on a parked vehicle, where the primary
purpose of the vehicle is to advertise a product or business or to
direct people to a business or activity during all or part of the
day. For the purposes of this chapter, vehicular signs shall not include
business logos, identification, or advertising on vehicles primarily
used for other business purposes.
VISIBILITY TRIANGLE or CLEAR SIGHT TRIANGLE
An imaginary area created by measuring back from the intersecting
point of the two property lines parallel to the intersecting streets
a minimum distance of 20 feet and drawing an imaginary line across
these two points for the purpose of traffic safety and on which all
landscape plantings, structural barriers, shrubs, trees, fences, walls,
structures or other objects, temporary or permanent, shall permit
completely unobstructed vision within a clear sight triangular area
between the heights of 2 1/2 feet and nine feet above the crown
of the streets, drives, or driveways.
The visibility triangle or clear sight triangle shall provide
a clear sight triangle of at least 20 feet as measured along the center
line from the intersecting roads or such greater distance as determined
by the Township Engineer and the Township Code Enforcement Officer,
contingent on unusual site topography, proposed site design features
and other unique circumstances pertaining solely to the site and surrounding
properties so as not to constitute a traffic or pedestrian safety
hazard.
V-TYPE SIGN
A structure of two signs arranged in the shape of the letter
"V," when viewed from above, and with their faces oriented in different
directions.
WALL
A continuous, vertical, linear, unroofed structure, usually
constructed of wood, stone, concrete or masonry, that encloses or
divides an area for the purpose of delineating a boundary or functioning
as a barrier, including but not limited to enclosure walls and retaining
walls. An upright structure raised to some height and intended for
purposes of providing protection, security or enclosure. See "enclosure
wall," "retaining wall," "retaining wall, engineered."
WALL SIGN
Any sign painted on, attached or erected against the wall
of a building, the front or sides of a marquee or a canopy, with the
exposed face of the sign in a place parallel to the plane of the wall
or the marquee or canopy so that only one side is visible.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Township.
WATERCRAFT
Every description of device used on the water or ice or capable
of being used as a means of transport on water or ice, including boats,
motorboats, iceboats, all-terrain or amphibious vehicles when they
are operated on water and all such other devices, but excluding seaplanes
and personal watercraft.
WRECKER or TOW TRUCK
A motor vehicle designed or constructed and used for the
towing of abandoned or disabled vehicles.
ZONING OFFICER
The person appointed to act as Zoning Officer, or any assistant
to such person, to administer and enforce this chapter as provided
herein.