A.
Interpretation. As used in this chapter, words expressed in their
singular include their plural meanings, and words expressed in their
plural include their singular meanings. The word "person" includes
a corporation, unincorporated association, and/or a partnership, as
well as an individual. The word "may" is permissive; the words "shall"
and "must" are mandatory. Words used in the present include the future
tense.
B.
Word usage. Words and phrases shall be used in their ordinary context
unless such word or phrase is defined or interpreted differently within
this section.
As used in this chapter, the following terms shall have the
meanings indicated:
An accredited medical school within the commonwealth that
operates or partners with an acute care hospital licensed within the
commonwealth.
[Added 9-13-2021]
Sustainable Forestry Principles and Implementation Guidelines
published by the American Forest and Paper Association, October 14,
1994.
A suite either attached to or detached from the primary single-family
detached dwelling unit on the lot, for occupation by the following
members of the lot owner's family:
A parent, grandparent, adult child over age 18, and/or a spouse,
partner or sibling of one of those relatives.
A family relative, by blood, marriage, adoption or foster relationship,
who requires continuous care due to injury, illness or a serious physical
or mental disability that substantially impairs or restricts one or
more such activities as walking, seeing, hearing, speaking, working,
or learning.
A licensed, permanent caregiver for the occupants of the primary
dwelling unit on the lot.
A detached ADU may take the form of a cottage, mobile home,
or similar dwelling, or may be constructed over a detached accessory
building such as a garage. An attached ADU is attached to the principal
dwelling unit on the lot, but must have its own, permanent provisions
for living, sleeping, eating, cooking, and full bath, which are not
shared with the residents of the principal dwelling unit on the lot.
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. Ground-mounted or freestanding solar energy systems with an output
size of not greater than 20kw 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 energy 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. The use shall not include battery
storage for the solar energy generated by the facility unless such
storage is located within the footprint of existing structures on
the site.
[Added 9-13-2021]
A structure detached from, subordinate to, and on the same
lot with the principal structure and used for purposes customarily
incidental thereto.
A use subordinate to, and on the same lot with the principal
use, and provided for purposes customarily incidental thereto.
Any property that directly adjoins, is contiguous to, or
is located across a public or private street from another property.
An establishment having as a substantial or significant portion
of its stock or trade, movies, shows, books, magazines, and other
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to sexual activities
or specific anatomical areas.
Any person, who, acting for a developer, landowner, or lessee
who submits plans to the Zoning Officer, Zoning Hearing Board, or
Township Supervisors for the purpose of obtaining a permit of any
kind.
An agricultural operation that involves, but is not necessarily
limited to, one or more of the following conditions:
[Amended 2-5-2024]
CONCENTRATED ANIMAL FEEDING OPERATIONAn animal feeding operation which is required to obtain NPDES permits in accordance with the Clean Water Act.[1]
CONCENTRATED ANIMAL OPERATIONAn animal feeding operation which is required to develop a nutrient management plan in accordance with the Pennsylvania Nutrient Management Law.[2]
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock, and livestock
products and/or 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.
[Added 2-5-2024]
Any of the range of crop and livestock commodities grown
or produced as a result of the conduct of an agricultural operation
or farm.
[Added 2-5-2024]
Recreation, entertainment, education and tourism events and
activities that are associated with and provide support for the ongoing
conduct of agricultural operations on a working farm.
[Added 2-5-2024]
See "club."
The use of a tract of land for the purpose(s) of active cultivation
or animal husbandry. Agriculture shall include all enterprises that
are actively engaged in the commercial production and preparation
for market or use of agricultural, agronomic, horticultural, silvicultural
and aquacultural crops and commodities and/or livestock and livestock
products. 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. Agriculture
does not include the composting of materials originating off the property
or the manufacture or sales of landscaping mulch.[3]
For the purpose of this chapter, alternative energy systems
shall include wind energy conversion systems and/or solar collector(s)
for personal residential or small business use.
Any facility providing medical care outside a hospital setting,
on a walk-in, outpatient basis. Medical care can include diagnosis,
observation, treatment, surgery and rehabilitation. Also known as
urgent care centers, surgical centers and the like.
A revision to the text or Zoning Map of the Hamilton Township
Zoning Ordinance, adopted in accordance with the provisions of the
Municipalities Planning Code.[4]
Any building or portion of a building designed or used for
the medical or surgical care and treatment of domestic animals. This
use may exist on the same premises with a commercial kennel use, as
defined in this chapter.
One thousand pounds live-weight of livestock, regardless
of the actual number of animals comprising the unit.
A landowner or developer who has filed an application for
development, including his heirs, successors, and assigns.
A business providing for sleeping arrangements and breakfasts
in a residential environment for transient guests in return for compensation
to the owner of the establishment.
A facility that converts biomass to a fuel for powering an
on-site generator to produce electricity.
Any establishment available to the general public where a
dog or dogs are housed for compensation by the day, week or a specified
or unspecified time. The term shall not include a kennel where the
practice of veterinary medicine is performed if the kennel is covered
by the provisions of the Act of December 27, 1974 (P.L. 995, No. 326),
known as the "Veterinary Medicine Practice Act."[5] The term shall include any boarding facility operated
by a licensed doctor of veterinary medicine whether or not this facility
is on the same premises as a building or structure subject to the
provisions of the Veterinary Medicine Practice Act. The term shall
include any establishment available to the general public that, for
consideration, takes control of a dog from the owner for a portion
of a day for the purposes of exercise, day care or entertainment of
the dog. For the purpose of this term, each time a dog enters the
kennel it shall be counted as one dog. This term does not include
an establishment engaged only in dog grooming or dog training.
The Board of Supervisors of Hamilton Township, Adams County,
Pennsylvania.
An establishment where beer is produced and often served
or sold commercially.
[Added 2-5-2024]
A strip of land that a) separates one use from another use
or feature, and b) is not occupied by any building, parking, outdoor
storage or any use other than open space or approved pedestrian pathways.
A buffer yard may be a part of the minimum setback distance, but land
within an existing or future street right-of-way shall not be used
to meet a buffer yard requirement.
[Added 9-13-2021]
A combination of materials to form a permanent structure
having walls and a roof, including, but not limited to, all mobile
homes and trailers.
A subordinate building detached from, but located on the
same lot as the principal building, the use of which is incidental
and accessory to that of the main building or use.
The area of a site covered by buildings or roofed areas,
excluding projecting eaves, balconies, and similar features.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the average height between eaves and ridge for gable,
hip, and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A line parallel to the lot or property lines designating
the minimum distance from said lot or property lines that a building
may be erected under the various land requirements of this chapter.
See "office, business and professional."
A development of a tract of land with two or more separate
commercial, business, or manufacturing uses, that is planned, designed,
constructed, and managed on an integrated and coordinated basis.
A commercial use on a lot, tract or parcel of land upon which
two or more campsites are located or established, intended and maintained
for occupation by transients for seasonal, recreational or similar
type living purposes in temporary, moveable buildings such as recreational
vehicles, tents or shelters, and which may include accessory recreational
facilities.
A plot of ground intended for occupation by a tent, recreational
vehicle, or other nonpermanent structure for the purpose of short-term
lodging.
[Added 2-5-2024]
A short-term lodging use involving the placement of a tent,
recreational vehicle, or other impermanent structure in an area where
such space is provided by the property owner to guests for some compensation.
[Added 2-5-2024]
A permanently roofed shelter projecting over a sidewalk,
driveway, entry, window or other similar area, which shelter may be
wholly supported by a building or may be wholly or partially supported
by columns, pole, or braces extending from the ground. Any roof overhang
extending more than two feet from the face of the building shall be
considered a canopy.
An establishment where hard cider is produced and often served
or sold commercially.
[Added 2-5-2024]
An institutional use of land and/or a building within which
is housed an organization that caters exclusively to members and their
guests. They shall include premises or buildings for social, recreation,
and administrative purposes that are not conducted for profit, provided
there are no vending stands, merchandising or commercial activities,
except as required for the membership of such club. Clubs shall include
but not be limited to fraternal, political, religious, and service
organizations, labor unions, Granges, and social and athletic clubs.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for agriculture, recreation, common open space, and/or preservation
of environmentally sensitive areas.
Any commercial use whose main purpose is to provide the general
public with an amusing or entertaining activity, and where tickets
are sold or fees are collected for the activity:
INDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn establishment operated as a gainful business, open to the public, for the purpose of leisure time activities, public recreation or entertainment, including, but not limited to, arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, miniature golf course, skating rink, swimming pool, tennis courts, or theatre, when operated within a completely enclosed building. For purposes of this chapter, this use excludes a health and fitness club and indoor shooting range.
OUTDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, but also including amusement rides or regular live entertainment. For purposes of this chapter, this use excludes a park, golf course and an outdoor shooting range.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas and areas set aside for public facilities.
A sewerage system designed to provide for the sewage disposal
needs of two or more dwelling units or other uses.
A multiple dwelling or development containing individually
owned dwelling units and jointly owned and shared areas and facilities,
which dwelling or development is subject to the provisions of state
and local laws.
A building, room or group of rooms used for conducting business
affairs of a building trade contractor that does not use any exterior
storage area.
A property that is used as the office and yard of a building
trade contractor in the business of constructing or remodeling any
building or structure, including, but not limited to, electrical,
plumbing, and HVAC contractors.
An establishment selling gasoline at retail pumps and other
automotive products, which may also sell groceries and other food
products for on- or off-premises consumption.
An occupation or trade conducted entirely within a detached
residential accessory structure which is clearly incidental and secondary
to the use of the lot and dwelling for residential purposes.
[Amended 2-5-2024]
Adams County, Pennsylvania.
A facility established to slaughter livestock owned by an
individual or animals bagged during a hunting season authorized by
the Pennsylvania Game Commission. Said facility may offer meat for
wholesale or retail trade. Any such operation which processes a sufficient
number of animals to trigger a Pennsylvania Department of Agriculture
or United States Department of Agriculture permit shall not be considered
under this definition.
[Added 4-6-2015 by Ord.
No. 134]
The slaughter of livestock owned by an individual or animals
bagged during a hunting season authorized by the Pennsylvania Game
Commission. Said facility shall not offer meat for wholesale or retail
trade. A facility of clearly limited nature for the convenience of
individuals raising livestock for their own consumption.
[Added 4-6-2015 by Ord.
No. 134]
Any dwelling, building, or portion thereof which child or adult
day-care services other than "babysitting" are provided, including
any on-site outdoor play areas.
All day-care facilities shall meet all applicable requirements
of the State Department of Public Welfare. The following types of
child-care facilities are regulated by the PA Department of Public
Welfare:
CHILD-CARE CENTERA child-care facility in which seven or more children who are not related to the operator receive child care. A child-care center must have a certificate of compliance ("license") from the Department of Public Welfare (DPW) in order to legally operate.
GROUP CHILD-CARE HOMEA child-care facility in which care is provided at one time for more than six but fewer than 16 older school-age-level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. The term includes a facility located in a residence or another premises.
FAMILY CHILD-CARE HOMEA child-care facility located in a home in which four, five or six children who are not related to the caregiver receive child care. A family child-care home must have a certificate of registration from DPW in order to legally operate.
A covenant, running with a parcel of land, which places specific
conditions or limitations on the use of such parcel of land, and which
is applied to the parcel owner, his or her successors, or assigns.
The number of dwelling units per acre of land.
See "medical clinic."
An establishment where liquor is produced and often served
or sold commercially.
[Added 2-5-2024]
A landscaped island within a parking lot separating two adjoining
rows of parking spaces within a parking lot.
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions.
Any building which is designed for human living quarters,
but not including hotels, boardinghouses, tourist cabins, motels and
other accommodations used for transient occupancy.
Two or more dwelling units within a building that does not
meet the definition of a single-family detached dwelling, two-family
dwelling or townhouse.
An existing dwelling unit that is or was converted to individual
dwellings for more than one family, without substantially altering
the exterior of the building.
A building used by three or more families living independently
of each other and doing their own cooking, including apartment houses,
but not including townhouses as defined herein.
A building containing one dwelling unit, and having no party
wall in common within adjacent property.
A building containing one dwelling unit, and have a party
wall in common within adjacent property.
A series of three or more single-family dwelling units attached
by one or more common walls.
A building containing two dwelling units, arranged either
in a side-by-side fashion sharing one common party wall or with one
unit arranged over the other. Also known as a duplex.
An independent housekeeping unit consisting of living quarters
of one or more rooms with cooking, sleeping, and sanitary facilities,
arranged for use by one or more individuals.
The right of a person, government agency, or public utility
company to use public or private land owned by another for a specific
purpose.
Any building or part thereof or group of buildings or structures
designed, constructed, or used for instruction in any branch of knowledge.
This definition includes public and private elementary, secondary,
or vocational schools; trade technical, professional and business
schools; and colleges and universities.
A facility that produces electricity, owned and/or operated
by an electric utility or independent producer for distribution into
the power grid.
Designated parcels of land, at least five acres in size,
created by subdivision of a tract of land greater than 10 acres, which
may be developed for single-family detached residential use.
The term includes, but is not limited to, reptiles and all
bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars,
wolves and any crossbreed of these animals that have similar characteristics
in appearance or features. This definition is applicable whether or
not the birds, animals or reptiles were bred or reared in captivity
or imported.
That portion of any exterior elevation on the building extending
from grade to top of the parapet, wall, or eaves and the entire width
of the building elevation.
An area of land, buildings and accessory structures used
for temporary indoor or outdoor events, including, but not limited
to, festivals and exhibitions; fairs (with accompanying entertainment
and amusements); entertainment venues; agricultural, horticultural,
and animal shows; animal training and judging; carnivals; community
meeting or recreational buildings and uses; food and beverages; and
exhibitor booths and stands, games, rides, rodeos, and other customary
accessory uses.
[Added 3-2-2020]
A tract of land which may include a residence, living area
for the residence, farm-related buildings, and surrounding land, devoted
to the production of agricultural products and where the principal
use is agricultural production.
All nonresidential buildings located on a farm and incidental
to the agricultural operation therein.
A commercial enterprise jointly owned by two or more farmers
actively engaged in agriculture, consisting of one or more buildings
or structures, either permanent or temporary, designed and used for
the purpose of the sale, at least in part, of agricultural commodities,
as defined herein, which are located on a parcel of land owned by
one of the partners on which some of the agricultural commodities
are grown or produced.
The distribution, sale, and/or servicing of new and used
equipment and machinery commonly used for agricultural purposes, not
including the sale or service of automobiles.
[Added 2-5-2024]
An establishment located on a farm or other property where
agricultural operations are conducted and providing for the sale of
horticultural and agricultural products or agriculturally related
products that are either produced on the farm or are directly related
to agricultural products produced within Adams County or surrounding
counties..
[Amended 2-5-2024]
An accessory use to the primary agricultural use of a property
in which residents engage in a secondary occupation conducted on the
active farm.
A commercial enterprise consisting of one or more buildings
or structures, either permanent or temporary, designed and used primarily
for processing agricultural commodities, such as but not limited to
dairies, grain mills, slaughterhouses and wineries. Such establishments
may be co-located with a farm restaurant or farm market.
A dwelling unit or dwelling units located on a farm and occupied
by persons who are employed on said farm or occupied by families with
at least one family member who is employed on said farm.
[Added 2-5-2024]
A business located on a farm, and which is incidental to,
and supportive of, the use of the property as a farm.
[Added 2-5-2024]
A bank, savings and loan association, credit union, finance
or loan company, or similar establishment.
A facility providing fitness, health and dietary instruction
and training by certified professionals. Aerobic, cardiovascular and
weight training instruction and equipment may be available as well
as martial arts instruction, aquatic activities, and massage and other
physical therapy.
See "square feet of gross floor area."
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, transporting and selling trees for commercial purposes,
which does not involve any land development.
A building designed for the purpose of the preparation and
viewing of the deceased prior to burial or cremation. Funeral homes
shall not include cemeteries, columbariums, mausoleums, or entombments,
but may include mortuaries and crematoriums.
An accessory building for the storage of one or more automobiles,
other vehicles accessory and incidental to the principal use of the
premises, or both.
A retail establishment that sells plants, compost, mulch,
fertilizers, gardening equipment, supplies and tools, and landscaping
products such as statues, furniture and garden ornaments. This definition
includes building, farm and contractor supply centers.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
[Added 9-13-2021]
A tract of land laid out for at least nine holes for playing
the game of golf and improved with tees, greens, fairways, and hazards
and that may include a clubhouse, shelters, maintenance and storage
facilities, and a driving range.
Any local, county, state or federal government building,
office or facility designed and intended to be occupied by the government
or designed and intended for public use sponsored by such governments
or its designee.
A commercial use primarily involved in horticulture that
includes the sale of plants grown on the premises and related goods
and materials, as well as the storage of equipment customarily incidental
and accessory to the principal use.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for clients and such supervisory
personnel as required by appropriate licensing agencies. Such facilities
may provide supervisory and/or rehabilitative services, but medical
care or nursing supervision shall not be provided.
The vertical distance measured from the ground level to the
highest point on a wireless communications tower, including wireless
communications antenna mounted on such a tower.
A use customarily conducted entirely within a dwelling or
in a building accessory thereto and carried on by the inhabitants
residing therein, provided that the use is clearly incidental and
secondary to the use of the dwelling for residential purposes.
An activity that includes the keeping of horses or similar
animals for use by other than a single household.
An institution, licensed in the commonwealth as a hospital,
which renders inpatient and outpatient medical care for a twenty-four-hour-per-day
basis; and provides primary health services and medical/surgical care
to persons suffering from illness, disease, injury, deformity and
other abnormal physical or mental conditions. A hospital use can also
include attached and detached accessory uses, provided that all uses
are contained upon the hospital property. This definition does not
include an animal hospital.
A building consisting of lodging rooms designed or occupied
primarily as the temporary place of abode for individuals who are
lodged for compensation (with or without meals), in which provisions
for cooking are generally not made in individual rooms or suites.
See "business park."
Old, dilapidated, scrap or abandoned metal, paper, building
material and equipment, bottles, glass, appliances, furniture, beds
and bedding, rags, rubber, unlicensed motor vehicles, and parts thereof.
An open area where junk is bought, sold, exchanged, stored,
processed, or handled. An automobile wrecking yard shall be considered
a junkyard.
Any establishment in or through which at least 26 dogs are
kept or transferred in a calendar year, or a boarding kennel as defined
in the Pennsylvania Dog Law.[8]
The legal, equitable or beneficial owner or owners of land,
including the holder of an option or contract to purchase for a lump
sum or over installments (whether or not such option or contract is
subject to any condition), a lessee if he/she is authorized under
the lease to exercise the rights of the landowner, or any other person
having a proprietary interest in land.
The area within the boundaries of a given lot that consists
of planting materials, including, but not limited to, trees, shrubs,
ground covers, grass, flowers, decorative rock, bark, mulch, and other
similar materials. At least 50% of the landscaping area must be covered
by live plant material at the time of plant maturity.
Any musical act, theatrical act, comedy act, play, revue,
scene, dance act, or any combination thereof, performed by one or
more persons, whether or not they are compensated for the performance,
in a privately owned premises that is open to the public, whether
or not admission is charged. Live entertainment does not include adult
entertainment uses, as defined herein.
That portion of an apartment dwelling proposed for customary
human habitation. The apartment living area shall include all rooms
and hallways, but shall not include stairwells, crawl spaces, or other
such areas.
An area within an estate lot, which may include an existing
or proposed single-family residence or farmhouse, customary accessory
structures, and a surrounding manicured yard area.
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.
A lot abutting two intersecting streets, where the interior
angle of intersection does not exceed 135°. The yards adjacent
to both public and private streets shall be considered front yards
when determining appropriate setbacks. For the purpose of this chapter,
the yard opposite the street the property is addressed is assigned
the rear yard and the remaining yard shall be a side yard.
The area of a site covered by buildings, paved surfaces,
roofed areas, gravel parking lots, sidewalks, and driveways; or other
feature that prevents the infiltration of stormwater into the ground,
excluding projecting eaves, balconies, and similar features.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line. In the
case of a corner lot, the lot depth shall be achieved along the longest
dimension of the lot.
A lot having frontage on two nonintersecting streets.
The length of the front lot line measured at the street right-of-way
line. The existing lot width is at the setback line (width) for frontage.
The frontage on a cul-de-sac is measured on the radius.
That lot line that is described as the front property line
in the deed of said property unless otherwise specified in this chapter.
In the absence of a deed described front property line, said line
shall be the edge of the street right-of-way.
That lot line which is parallel to and most distant from
the front lot line of the lot. In the case of an irregular, triangular
or gore-shaped lot, a line 10 feet in length, entirely within the
lot, parallel to, and at the maximum distance from, the front lot
line shall be considered the "rear lot line."
The lines bounding a lot.
Any lot line other than a front or rear lot line.
The area contained within the property lines of a lot, excluding
any street or utility right-of-way or driveway easement providing
access to an adjoining property, or officially designated floodplain
located on the lot.
The horizontal distance between the side lot lines of a lot
measured at the minimum required front building setback line.
The mechanical or chemical treatment or processing of raw
products or the production or assembly of finished products from raw
or prepared materials into new forms or qualities.
LIGHT MANUFACTURINGThe processing, fabrication, assembly, treatment and packaging of finished products, predominately from previously prepared materials, which is generally free from objectionable odors, fumes, dirt, vibrations or noise.
HEAVY MANUFACTURINGThe manufacturing and processing of raw materials, which may be obnoxious by reason of emission of odor, dust, smoke, gas, noise or similar causes.
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.
Marijuana for certified medical use as set forth in Pennsylvania
Act 16 of 2016.
[Added 9-13-2021]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
[Added 9-13-2021]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana.
[Added 9-13-2021]
An indoor, enclosed, permanent, and secure building from
which a medical marijuana dispensary may dispense medical marijuana.
[Added 9-13-2021]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health to grow
and process medical marijuana.
[Added 9-13-2021]
A place, building or portion of a building used exclusively
by physicians, optometrists, chiropractors, dentists, physical therapists,
massage therapists, or other drugless practitioners involving nonsurgical
treatment, care, examination and diagnosis, and preventative health
services, including inoculation and educational services to outpatients.
This definition includes medical laboratories used in the taking,
analyzing and testing of physical samples and specimens for the diagnosis
and treatment of patients.
An organization catering exclusively to members and their
guests including premises or buildings used for social, recreational
or administrative purposes. Clubs shall include but not be limited
to service organizations and labor unions, as well as social and athletic
clubs and fraternal organizations but not include bulk purchasing
retail businesses.
See "self-storage facility."
A transportable, single-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.
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.
A parcel or contiguous parcels of land which has been designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
See "hotel."
A group of multifamily dwellings developed on a single parcel
of land and sharing common parking, recreation, and landscaping areas.
Any commercial use for which the on-site consumption of alcoholic
or nonalcoholic beverages where live entertainment is offered. For
the purposes of this definition, "live entertainment" is meant to
include the use of disc-jockeys for the purposes of supplying musical
entertainment. Nightclubs may also provide for on-site consumption
of food. Additionally, nightclubs can offer the retail sale of carry
out beer, wine and liquor as an accessory use. This is also meant
to include an "under 21" club which features entertainment.
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.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
See "nonconforming structure."
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A horticultural operation engaged in the propagation, breeding,
and cultivation and development of all types of plants, including
trees (for transplanting), shrubs, flowers, houseplants, and tropical
varieties. The retail sale of nursery products will be considered
a farm market use.
An institution or facility in which nursing care and related
medical or other health services are provided for a period exceeding
24 hours, for two or more individuals, who are not relatives of the
administrator, who are not acutely ill and not in need of hospitalization,
but who, because of age, illness, disease, injury, convalescence or
physical or medical infirmity, need care.
A building, or portion of a building, in which administrative,
clerical, financial, governmental or professional operations and services
are performed by one or more members of a profession including, but
not limited to, accounting; architecture; dental and medical; engineering;
finance, insurance and real estate; attorneys; and notary public.
This use shall include neither retail sales nor industrial uses, but
may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
That potion of a tract or estate lot, as defined herein,
set aside for the protection of sensitive natural features, farmland,
recreational activities, scenic views, and/or other unique attributes.
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 common
facilities.
See "lot."
A parcel of land existing as of January 3, 2001, the effective
date of the Hamilton Township Zoning Ordinance, which could be subjected
to future subdivision or land development proposals or approvals.
When used for regulating permitted subdivisions in the AP District
or permitted density in the RR District, a parent tract shall be a
parcel of land, existing as of the date that the AP District or RR
District was first applied to it.
A facility designed to serve the recreational needs of the
residents of the community.
An off-street area designed and improved solely for the parking
of motor vehicles, including driveways, aisles and maneuvering space
appurtenant thereto.
The space within a building or on a lot or parking lot for
the parking or storage of one motor vehicle off the right-of-way of
a public street or road.
Act 247 of 1968, as amended.[9]
An office which generally operates on an appointment basis
and with relatively low pedestrian or vehicular traffic. This includes,
but is not limited to, offices of accountants, actuaries, architects,
attorneys, dentists, designers, engineers, insurance agents, physicians,
real estate agents, veterinarians and animal hospitals, and similar
services.
A building erected on an otherwise vacant property for the
sole use and enjoyment of the property owner and for no other commercial,
business, investment or similar purpose.
[Added 2-5-2024]
A building, structure, or group of buildings or structures,
designed, intended, and used for the assembly of individuals engaging
in religious practices. This definition shall include, but is not
limited to, churches, temples, chapels, cathedrals, synagogues, and
mosques. This may also include educational facilities, day-care facilities,
recreational facilities, and other similar facilities. It may also
include a rectory for one family.
The Planning Commission of the Township of Hamilton.
Enterprises engaged in the distribution, sorting, and delivery
of messages, mail, and parcels, including the U.S. Postal Service
and local and intercity delivery services.
The main or primary use of land or structures, as distinguished
from an accessory use, as herein defined.
A nonpermanent structure set up temporarily along a roadside
at which a person or persons sell only agricultural commodities produced
on the farm on which the stand is located.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7
(relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. 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 use which is operated, owned or maintained by a public
utility corporation and regulated by the Pennsylvania Public Utility
Commission in accordance with the requirements of the Pennsylvania
Public Utility Code, 66 Pa.C.S.A. § 101 et seq., or which
is operated, owned or maintained by a municipality or a municipal
authority organized under the laws of the Commonwealth of Pennsylvania
to provide public water service, public sewer service, or similar
services. A "public utility" shall not include cellular telephone
transmission or receiving facilities and similar facilities of entities
which are not governmentally owned and operated or are not regulated
by the Pennsylvania Public Utility Commission.
A structure, owned and operated by a public utility company
regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
Recreation characterized by the use of playground equipment,
athletic fields, or other facilities or areas predominately associated
with athletic pursuits.
A building in which recreational activities take place, including
but not limited to tennis, handball, gymnastics, swimming, riding,
skating, and hockey, for public or private use and with or without
a fee.
An open or semi-enclosed field or area of natural or man-made
surfaces on which recreational and related activities take place,
including but are not limited to ball games, field games, tennis,
handball, swimming, riding, skating, golf driving ranges and miniature
golf courses, skateboarding, and the riding of dirt bikes, off-road
vehicles, including ATVs or other motorized vehicles, for public or
private use and with or without a fee.
See "commercial recreation."
Recreation characterized by its location in open space or
similar areas, and predominately associated with contemplative, educational,
or similar activities.
A principal use whereby collected recyclables are separated,
processed, cut, shredded, cleaned, ground, crushed, bundled, bailed
and/or packaged for reuse.
A planned residential facility for persons of retirement
age, which include residential dwelling units with communal dining,
recreation areas, open space, parking and related facilities. This
definition includes retirement homes, assisted or independent living
facilities and similar uses.
A residential development designed in accordance with cluster
development design techniques.
An establishment, including a cafe, where food is prepared
and available to the general public for a determined compensation.
An agricultural use where horses are boarded and cared for,
and where instruction in riding, jumping, and showing is offered,
and where horses may be hired for riding.
A strip of land acquired by reservation, dedication, forced
dedication prescription or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, waterline, sanitary storm sewer and other similar uses
to allow the right of one to pass over the property of another.
An establishment that is leased on a temporary basis for,
or otherwise hosts for profit or commercial gain, private functions,
including but not limited to banquets, weddings, receptions, business
and organizational meetings, and other similar functions. Such establishments
may include kitchen facilities, area for dining and entertainment,
and temporary lodging.
[Added 2-5-2024]
Any building or group of buildings, the use of which meets
state requirements for primary, secondary, or higher education and
which does not secure the major part of its funding from any governmental
agency.
Any building or group of buildings, the use of which meets
state requirements for primary, secondary, or higher education and
which secures the major part of its funding from a governmental agency.
A building or group of buildings in a controlled access and
fenced compound, and that contains individual, compartmentalized,
and controlled access stalls or lockers for the storage of customer's
goods or wares.
A line, generally parallel with and measured from the adjoining
road or street right-of-way or property line, defining the limits
of a yard in which no building or structure may be located.
Facility operated for the use of rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder, or similar activity related
to the controlled practice of sport shooting of firearms outdoors.
[Added 2-5-2024]
A group of retail stores and/or personal service establishments
planned and designed to function as a unit, and having off-street
parking and a landscaping plan as an integral part of the unit.
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or to communicate information of any kind
to the public.
A sign that uses movement or change of lighting to depict
action or create a visual effect or scene.
A sign or portion thereof with characters or illustrations
that can be changed or rearranged without altering the face or surface
of the sign. A sign upon which the message changes more than eight
times a day shall be considered an animated sign. A sign that shows
the date, time, and/or temperature shall not be considered a changeable
copy sign.
A sign supported by one or more upright poles, columns, or
braces placed in or on the ground and not attached to any building
or other structure.
A sign that identifies or communicates a commercial or noncommercial
message related to an activity conducted, a service rendered, or a
commodity sold at a location other than where the sign is located.
Billboards fall under this definition.
A sign, other than a wall sign as defined herein, that is
attached to and projects from the wall or face of a building or structure.
A sign intended for use for only a limited period of time.
A sign painted on, or attached to, the outside of a building
and erected parallel to the face of a building and supported throughout
its length by such building.
A facility involving the killing of animals for the production
of food or some other commercial product. A commercial stockyard or
similar facility that primarily involves the bulk storage or transferring
of animals on the way to slaughter shall also be considered a slaughterhouse.
This shall not include custom butchering, which is an accessory use,
or a custom butcher shop, which is a retail sales use. The slaughter
of any animal taken on a private hunting club shall be considered
an accessory use of that club.
[Added 4-6-2015 by Ord.
No. 134]
A slaughterhouse where all sides of all portions of the kill
zone are enclosed by walls and a roof.
[Added 4-6-2015 by Ord.
No. 134]
A slaughterhouse where one or more side of any portion of
the kill zone is not enclosed by a wall and roof.
[Added 4-6-2015 by Ord.
No. 134]
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
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 9-13-2021]
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
[Added 9-13-2021]
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use or for use on-site if the output size is greater
than 20kw. 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. The use shall
not include battery storage for the solar energy generated by the
facility.
[Added 9-13-2021]
The electric conveyance lines which connect a solar energy
facility to the high-voltage electric interconnection grid.
[Added 9-13-2021]
One or more arrays, collectors or photovoltaic modules, or
a power plant that uses such arrays, collectors or photovoltaic modules
to convert sunlight into electricity.
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 9-13-2021]
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy. This term shall not include battery storage for solar
energy.
[Added 9-13-2021]
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
Areas including any of the following:
Activities including any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy.
Masturbation, actual or simulated.
Excretory functions, as part of or in connection with any of
the activities set forth in this definition.
The total square feet of all horizontal areas on all floors
or levels of a building or buildings, as measured to the outside surfaces
of exterior walls. Catwalks within a building, perforated or heavy-duty
mesh floors, and intermediate or partial floors shall contribute to
gross floor area when used in conjunction with the primary function
and purpose of the building. Material is not a criterion for exclusion
from gross floor area. When used for the purpose of calculating required
off-street parking, stairwells and elevator shafts; cellars, basements
and other areas used exclusively for storage and the operation and
maintenance of the building; crawl spaces; lobbies, atriums and other
common areas such as restrooms; attics without floors; and open porches,
balconies and terraces shall be excluded.
An 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.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any structure of solid materials so designed, either below
or above the surface of the ground, as to hold water and to be used
for the purpose of bathing or swimming in which the depth of the water
stored therein above or below ground level exceeds two feet in depth.
A building, or part thereof, designated for the promotion
of hard cider, wine, mead, or other similar spirits produced by a
winery, cidery, brewery or distillery of the tasting room's proprietor,
by providing samples of such cider or wine to the public for the sale
of such spirits at retail for consumption on the premises and for
the sale in closed packages for consumption off the premises.
[Added 2-5-2024]
An establishment used primarily for the dispensing or sale
of alcoholic beverages by the drink for on-site consumption. This
definition includes, but is not limited to, beer gardens, cocktail
lounges, saloons and taprooms. Restaurants that serve alcoholic beverages
but are primarily engaged in the retail sale of prepared food are
not included in this definition.
A landscaped area constructed at the end of a row, or adjoining
rows, or parking spaces within a parking lot.
A group of townhouses developed on a single parcel of land
and sharing common parking, recreation, and landscaping areas.
Hamilton Township, Adams County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for Hamilton Township.
The building plus contiguous space that is the origin and/or
destination point of short- and long-distance hauling and/or is used
for the purpose of storing, transferring, loading and unloading, in
addition to truck parking. Also called "motor freight terminal" or
"transfer depot."
See "animal hospital."
[Added 2-5-2024]
A building, or portion thereof, or buildings used or intended
to be used primarily for the receipt, temporary storage, and redistribution
of goods and/or materials that are to be sold retail or wholesale
from other premises, or wholesale from the same premises; however,
nothing in this definition is meant to exclude purely incidental retail
sales in warehouses.
A stream of water, river, brook, creek; a channel or ditch
for water whether natural or man-made.
A facility consisting of a tower, wind turbine generator
with blades, guy wires or other support structures and anchors, access
roads, and associated control and conversion equipment to convert
wind movement into electricity, and which is intended to primarily
reduce on-site consumption of utility power.
One or more windmills or wind turbines or a power plant that
uses windmills or wind turbines to generate electricity. The term
does not include a single traditional small-scale windmill for use
on a farm.
An establishment where wine, mead or similar spirits are
produced. Production includes, without limitation, crushing, fermenting,
blending, aging, barrel and bottle storage, bottling, administrative
office functions, and warehousing.
[Added 2-5-2024]
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service,
or any other wireless communication signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned and operated by any person or entity licensed by the Federal
Communications Commission to operate such device. This definition
does not include private residence mounted satellite dishes or television
antennas or amateur radio equipment including without limitation ham
or citizen band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure, other than a building, but including monopole
towers, self-supporting towers, or guyed towers, designed to be used
to support communications antenna.
A space which is open to the sky and unoccupied by any building,
structure or merchandise for display or sale, and which is located
on the same lot with a building or structure.
A yard, extending the full width of the lot, and situated
between the road or street right-of-way line and the closest portion
of any building or structure on the lot. The front yard extends the
full width of both street rights-of-way in the case of corner lots.
[Amended 2-5-2024]
A yard on the same lot with a main building, extending the
full width of the lot and situated between the rear lot line and the
required rear building line.
A yard on the same lot with a main building, situated between
a side line and the corresponding building line, and located between
the front yard and the rear yard.
The Zoning Hearing Board of the Township of Hamilton.
The map establishing the boundaries of the zoning districts
of the Hamilton Township Zoning Ordinance, which map shall be and
is a part of this chapter.[10]
The municipal official duly appointed by the Board of Supervisors
of Hamilton Township to administer and enforce the Zoning Ordinance
of the Township of Hamilton.
A permit required by the Zoning Ordinance of the Township
of Hamilton to ensure compliance with the applicable sections of the
ordinance.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.
[3]
Editor's Note: The former definitions of "agri-tourism" and
"agri-tourism enterprise," which immediately followed this definition,
were repealed 2-5-2024.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: See 63 P.S. § 485.1 et seq.
[6]
Editor's Note: See 53 P.S. § 10601 et seq.
[7]
Editor's Note: See 53 P.S. § 10908.
[8]
Editor's Note: See 3 P.S. § 459-101 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
