A.
For the purposes of this chapter certain terms and words are used
as follows:
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular shall include the plural.
(3)
The word "person" includes a corporation as well as an individual.
(4)
The word "lot" includes the words "plot" or "parcel."
(5)
The term "shall" is always mandatory. The term "may" is always permissive.
(6)
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
(7)
The word "building" includes the word "structure."
(8)
Unless otherwise specified, all distances shall be measured horizontally.
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein indicated:
A sign structure that has ceased to be used for six months.
A use or structure customarily incidental to the principal
use of the land or the principal building, located on the same lot
with the principal use or principal building. A home office is an
example of an accessory use; however, a home-based business is not
deemed an accessory use for purposes of this definition. A detached
garage or storage shed are examples of accessory structures.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or instruments, devices
or paraphernalia which are designed for use in connection with specified
sexual activities, whether used to view such materials or for use
on or off the premises.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as "adult bookstore or adult video
store." Such other business purposes will not serve to exempt such
commercial establishment from being categorized as an "adult bookstore
or adult video store" so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features: persons who appear in the state of nudity;
or live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or films, motion
pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
An exhibition of any sexually 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.
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.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult-type of photographic reproductions; or
Offers sleeping rooms for rent four or more times in one calendar
day during five or more calendar days in any continuous thirty-day
period.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
The term includes, without limitation, the following establishments
when operated for profit, whether direct or indirect:
Adult bookstores.
Adult motion-picture theaters, regardless of seating capacity.
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 sexually oriented
motion pictures or where an entertainer provides adult entertainment
to a member of the public, a patron or a member.
An adult entertainment studio or any premises that are physically
arranged and used as such, whether advertised or represented as an
adult entertainment studio, exotic dance studio, encounter studio,
sensitivity studio, modeling studio or any other term of like import.
The term "booths, cubicles, rooms, studios, compartments or
stalls" for purposes of defining sexually 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.
A community consisting of single-family detached dwellings
built in accordance with the Housing for Older Persons Act (HOPA)
restricting residency to persons 62 years or older, or persons 55
years of age or older, if at least 80% of the occupied units are occupied
by at least one person who is 55 years of age or older with private
recreational amenities, including but not limited to a private clubhouse.
An age-restricted community is not a condominium, as such term is
defined in this chapter.
[Added 11-16-2022 by Ord. No. 954]
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
Includes, but is not limited to, crops (corn, wheat, hay,
potatoes); fruit (apples, peaches, grapes, cherries, berries); cider;
vegetables (sweet corn, pumpkins, tomatoes); floriculture; herbs;
forestry; husbandry; livestock and livestock products (cattle, sheep,
hogs, horses, poultry, ostriches, emus, farmed deer, farmed buffalo,
milk, eggs, and fur); aquaculture products (fish, fish products, water
plants and shellfish); horticultural specialties (nursery stock, ornamental
shrubs, flowers and Christmas trees); maple sap.
A retail establishment which sells equipment and supplies
used in the pursuit of agriculture.
Items sold at a farm market to attract customers and promote
the sale of agricultural products. Such items include, but are not
limited to, all agricultural and horticultural products, animal feed,
baked goods, ice cream and ice cream-based desserts and beverages,
jams, honey, gift items, food stuffs, clothing and other items promoting
the farm and agriculture in Pennsylvania and value-added agricultural
products and production on site.
Those activities that predominantly use agricultural products,
buildings or equipment, such as pony rides, corn mazes, pumpkin rolling,
barn dances, sleigh/hay rides, and educational events, such as farming
and food preserving classes, etc.
The practice of visiting an agribusiness, horticultural,
or agricultural operation, including, but not limited to, a farm,
orchard, winery, greenhouse, hunting preserve, a companion animal
or livestock show, for the purpose of recreation, education, or active
involvement in the operation, other than as a contractor or employee
of the operation.
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air. See 74 Pa.C.S.A.
§ 5102.
The Pittsburgh-Bouquet Airport and is defined as any of land
or any appurtenant areas which are used or intended to be used for
airport buildings or air navigation facilities or rights-of-way, together
with all facilities thereon. See 74 Pa.C.S.A. § 5102. As
used herein, the term "airport" shall not include heliports.
The highest point of an airport's usable landing area, measured
in feet from sea level; here, 1,188 feet above mean sea level.
Any area of land or water upon which a hazard to air navigation
(an airport hazard) might be established if not prevented as provided
by these regulations and the Act of October 10, 1984, P.L. 837, No.
164.
See "structural alteration."
An antenna used for the transmission or reception of wireless
signals by amateur radio operators.
[Added 2-21-2018 by Ord.
No. 919]
An establishment where animals are examined and treated by
veterinarians and which may include kennels in a completely enclosed
building for temporary boarding of animals during treatment.
A sign employing actual motion or the illusion of motion.
Animated signs, which are differentiated from changeable signs as
defined and regulated by this chapter, include the following types:
Electrically activated. Animated signs producing the illusion
of movement by means of electronic, electrical or electro-mechanical
input and/or illumination capable of simulating movement through employment
of the characteristics of one or both of the classifications noted
below:
Flashing. Animated signs or animated portions of signs whose
illumination is characterized by a repetitive cycle in which the period
of illumination is either the same as or less than the period of nonillumination.
For the purposes of this article, flashing will not be defined as
occurring if the cyclical period between on-off phases of illumination
exceeds 10 seconds.
Patterned illusionary movement. Animated signs or animated portions
of signs whose illumination is characterized by simulated movement
through alternate or sequential activation of various illuminated
elements for the purpose of producing repetitive light patterns designed
to appear in some form of constant motion.
Environmentally activated. Animated signs or devices motivated
by wind, thermal changes or other natural environmental input. Includes
spinner, pinwheels, pennant strings, and/or devices or displays that
respond to naturally occurring external motivation.
Mechanically activated. Animated signs characterized by repetitive
motion and/or rotation activated by a mechanical system powered by
electric motors or other mechanically induced means.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
[Added 2-21-2018 by Ord.
No. 919]
A dwelling unit in a multifamily building, other than a townhouse.
A surface longitudinally centered on the extended runway
center line, extending outward and upward from the end of the primary
surface and at such slope as the approach surface zone height limitation
slope set forth in the airport overlay district provisions. In plan,
the perimeter of the approach surface coincides with the perimeter
of the Approach Zone.
These zones are shown in the illustration entitled "Isometric
View of Airport Zones" set forth in the airport overlay district provisions.
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building, but that
does not include signs as defined herein. See also "awning;" "backlit
awning;" and "canopy, attached" and "canopy, freestanding."
A public road which serves large volumes of pass-through
and long-distance traffic. Roads classified as arterial in the Township
include 1-76, the Pennsylvania Turnpike, State Route 66, State Route
130, State Route 993, Harrison City/Export Road, Murrysville Road
(State Route 4033), Nike Site Road (State Route 4025), Claridge/Elliott
and Claridge/Export Roads (State Route 4037), Pleasant Valley/Sandy
Hill Roads, and Mellon Road (State Route 4026).
A retail store selling groceries, household goods and prepackaged
and prepared food-related products, for off-site consumption, and
which may or may not include the dispensing and sale of gasoline.
The sales or rental of new or used motor vehicles or trailers,
including outdoor display areas, service areas within a completely
enclosed building and a showroom and offices within the building.
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid material and/or fabric on a supporting framework
that may be either permanent or retractable, including such structures
that are internally illuminated by fluorescent or other light sources.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "wall or fascia sign."
An awning with a translucent covering material and a source
of illumination contained within its framework.
A retail establishment which sells baked goods to the general
public and which may include the on-site preparation of baked goods
in quantities adequate to supply the establishment and its retail
customers, but not including preparation of products to be supplied
to other establishments for sale or to wholesale customers.
A temporary sign painted or printed on a strip of cloth,
vinyl, plastic or paper designed to be hung from poles, across the
wall of a building or in a window.
A location where public and private events such as weddings,
catered receptions, rehearsal dinners, business meetings/retreats
and similar events are held. A banquet facility can be a principal
or accessory use.
The space enclosed by the foundation or ground-floor walls
of a building which is at least 50% above the average level of the
adjacent ground and which has a floor-to-ceiling height of at least
seven feet.
A dwelling in which rooms are rented to guests with no more
than one meal served daily, and the entire service, food and lodging
are to be included in one stated price. Banquet facilities for persons
not staying at the facility are not permitted as part of the bed-and-breakfast.
See "off-premises sign" and "outdoor advertising sign."
A business which is either a principal or accessory use in
an agricultural area for the purpose of providing services to farm
equipment or farm animals.
The Zoning Hearing Board of Penn Township, Westmoreland County.
A lot, with or without a building, where horses and/or ponies
owned by someone other than the lot owner are kept, regardless of
whether or not compensation is paid to the lot owner for boarding
of the horses and/or ponies.
A landscaped area of a certain depth specified by this chapter which shall be planted and maintained in accordance with standards set forth in § 190-630 of this chapter.
Any permanent structure having a roof supported by columns
or walls erected permanently and intended for the shelter, housing
and/or enclosure of persons, animals or other property.
The entire side of a building, from ground level to the roofline,
as viewed perpendicular to the walls on that side of the building.
An imaginary line located a fixed distance from the front lot line and interpreted as being the nearest point that a building may be constructed to the front lot line. The building shall include patios and similar construction features except those permitted projections authorized by Article VI of this chapter.
A building or structure in which is conducted the principal
use of the lot on which said building or structure is situated.
The vertical distance from the average finished grade at
the front of the building to the highest point of the coping of a
flat roof or to the deckline of a mansard roof or to the mean height
level between the eaves and the ridge for gable, hip and gambrel roofs.
Offices, other than professional offices, of a corporation,
partnership or sole proprietorship, used primarily for the conduct
of commerce or trade, including accounting, correspondence, research,
editing or other administrative functions of the business, but not
including any industrial, processing or storage of machinery or heavy
equipment.
Any activity conducted for gain which renders services primarily
to other commercial or industrial enterprises or which services and
repairs appliances and machines used in homes or businesses, other
than heavy equipment, including advertising, public relations, management
and consulting services; employment services; building maintenance
and security services; equipment servicing, rental, leasing and sales;
computer and data processing services; mailing, photocopying, quick-printing
and fax services; sale of office supplies; and similar services.
A multisided overhead structure or architectural projection
supported by attachments to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light. See
also "marquee sign."
A multisided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and/or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
A sign affixed to the visible surface(s) of an attached or freestanding canopy. For reference, see Article VII.
A facility, whether automatic, semiautomatic or manual, for
washing vehicles.
A facility, licensed to operate as such by the Commonwealth
of Pennsylvania, including county-operated facilities, for the purpose
of providing assisted care, skilled or intermediate nursing care or
both levels of care to two or more patients who are unrelated to the
facility administrator for a period exceeding 24 hours.
The space enclosed by the foundation or ground-floor walls
of a building, which is at least 50% below the average level of the
adjacent ground and/or which has a floor-to-ceiling height of less
than seven feet.
Property used for interring of the dead, including mausoleums
and columbaria, but not including crematoriums or family plots.
A sign with the capability of content change by means of
manual or remote input, including signs which are:
Electrically activated. Changeable sign whose message copy or
content can be changed by means of remote electrically energized on-off
switching combinations of alphabetic or pictographic components arranged
on a display surface. Illumination may be integral to the components,
such as characterized by lamps or other light-emitting devices; or
it may be from an external light source designed to reflect off the
changeable component display. See also "electronic message sign or
center."
Manually activated. Changeable sign whose message copy or content
can be changed manually.
A structure for housing chickens made of wood or other similar
materials that provides shelter from the elements.
[Added 2-21-2018 by Ord.
No. 919]
See "medical clinic."
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, fraternal,
educational or recreational purpose, but not primarily for profit
or to render a service which is customarily carried on as a business,
the use of which is limited to members of that corporation, association,
person or persons and their guests.
A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with Article VII.
A public road which, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial roads.
Collector roads, for purposes of administering this chapter, in the
Township are Penn Woods Drive (State Route 4027), Blank Road (State
Route 4024), Paintertown Road (State Route 4029), Baker School Road
(State Route 4031), Raymaley Road (State Route 4043), Ridge Road (State
Route 4007), Boxcartown Road (State Route 4047), Long Drive, Seanor
Drive, Waugaman Drive, Hyland Road (State Route 4045), Meadowbrook
Road, Campbell Road, Sarver Road, School Road South, Watt Road, Main
Street, Dutch Hollow Road (State Route 4022).
An accredited public or private institution of higher learning
which offers post-secondary instruction and which offers certificates,
associate, bachelor or higher degrees in the several branches of learning
required by the Commonwealth of Pennsylvania.
The mounting of one or more WCFs, including antennae, on
an existing tower-based WCF, or on any structure that already supports
at least one nontower WCF.
[Added 2-21-2018 by Ord.
No. 919]
A sign that is supported partly by a pole and partly by a
building structure.
Zoning district indicated on the Official Zoning Map of Penn Township. The purpose of this district is indicated in § 190-405 of this chapter.
See "recreation, commercial."
A privately operated, for-profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs.
The Board of Township Commissioners of Penn Township, Westmoreland
County.[1]
A facility operated by a government agency, a nonprofit organization
or a homeowners' association which provides civic, educational, recreational
or social services and programs for the residents of the Township.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the portions of real estate designated
for common ownership are vested in the unit owners.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
A temporary structure used to provide temporary offices for
land sales or construction supervision on the site of an approved
subdivision or land development only during that time that valid grading
or building permits are in effect.
A lot or parcel used for the permanent storage of construction
equipment and supplies, not including the sale of supplies or the
repair or sale of heavy equipment.
A bore hole drilled or being drilled for the purpose of or
to be used for construction of a well regulated under 58 PA.C.S.A.
§§ 3201-3274 (relating to development) that is not
an unconventional well, irrespective of technology or design.
The term includes, but is not limited to:
Wells drilled to produce oil.
Wells drilled to produce natural gas from formations other than
shale formations.
Wells drilled to produce natural gas from shale formations located
above the base of the Elk Group or its stratigraphic equivalent.
Wells drilled to produce natural gas from shale formations located
below the base of the Elk Group where natural gas can be produced
at economic flow rates or in economic volumes without the use of vertical
or nonvertical well bores stimulated by hydraulic fracture treatments
or multilateral well bores or other techniques to expose more of the
formation to the well bore.
Irrespective of formation, wells drilled for collateral purposes,
such as monitoring, geologic logging, secondary and tertiary recovery
or disposal injection.
A dwelling unit created within an existing single-family
dwelling in accordance with all applicable requirements of this chapter.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
A lot bounded on at least two sides by streets and which
shall provide two front yards along the street frontages and two side
yards but which shall not be required to have a rear yard.
A location containing properly installed and certified apparatus
intended for use in the act of cremation.
A facility, licensed by the commonwealth, located within
a building which is not used as a dwelling unit, for the care during
part of a twenty-four-hour day of children under the age of 16 or
handicapped or elderly persons.
A facility, licensed by the commonwealth, located within
a dwelling, for the care on a regular basis during part of a twenty-four-hour
day of not more than six children under 16 years of age, excluding
care provided to children who are relatives of the provider, or not
more than six elderly or handicapped persons of any age who are not
in need of specialized nursing care. Such use shall be secondary to
the use of the dwelling for living purposes, and persons who do not
reside in the dwelling shall not be employed therein.
A unit of weighted sound level; the weighted sound-pressure
level by the use of the A-metering characteristic and weighting specified
in ANSI Specifications for Sound Level Meters.
An overlay zoning district indicated on the Official Zoning Map of Penn Township. The purpose of this district is indicated in § 190-408 of this chapter.
A prototype for development containing parameters governing
character and design, site layout, lot types, mix of lot types, and
roads and streets.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 2-21-2018 by Ord.
No. 919]
An administrative tract designating the use to which land
can legally be utilized.
A sign with two faces, back to back.
A business which sells alcoholic beverages for consumption
on the premises as the principal use and offers food for consumption
on the premises as an accessory use.
Any retail commercial use, catering primarily to vehicular
trade, where services are provided to occupied vehicles, such as drive-through
restaurants, drive-through banks, drive-through windows or automated
teller machines (ATMs) as accessory uses, and similar uses.
Any building or portion thereof which is designed for or
used for permanent residential occupancy, including single-family
dwellings, two-family dwellings and multifamily dwellings but not
including hotels or boardinghouses, as defined by this chapter.
One or more rooms which are used as living quarters for one
family and which contain separate sleeping, cooking and sanitary facilities.
A building or structure containing two independent dwelling
units, each having a separate entrance, and which is the only principal
building on the lot, including duplexes and double houses.
A building containing three or more dwelling units, including
conversion apartments, garden apartments and townhouses.
A building designed for or occupied exclusively by one family.
Manufactured, modular or mobile homes which are anchored and securely
tied into a permanent, enclosed foundation and which are connected
to available public utilities or permitted well and on-site sewage
disposal systems shall be regarded as a single-family detached dwelling.
Any sign activated or illuminated by means of electrical
energy.
A sign capable of displaying words, symbols, images or video
that can be electronically or mechanically changed by remote or automatic
means.
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or has caused or
is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 2-21-2018 by Ord.
No. 919]
Any and all persons, including independent contractors, who
work in or at or render any service directly related to the operation
of a sexually oriented establishment.
A person who provides entertainment within a sexually 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.
A facility within an enclosed building which provides amusement or entertainment activities usually for a fee or admission charge, including such establishments as indoor theaters, concert halls, dance halls, skating rinks, bowling alleys, billiard and pool halls, video and game arcades and similar establishments not otherwise defined and regulated under the provisions of § 190-503A of this chapter, regarding adult business.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who or which furnishes,
offers to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems or collection, communication, supply or disposal systems,
including poles, wires, mains, drains, sewers, pipes, conduit cables,
fire alarm boxes, police call boxes, traffic signals, hydrants and
other similar equipment and accessories in connection therewith which
are reasonably necessary for the furnishing of adequate service by
such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare, but not including
buildings.
Any sign placed outside a building.
The Federal Aviation Administration of the United States
Department of Transportation.
A mode of message transition on an electronic message center
or changeable sign accomplished by varying light intensity, where
the first message gradually reduces intensity to the point of not
being legible and the subsequent message gradually increases intensity
to the point of legibility.
The potential fall area for the small wind energy system.
It is measured by using 110% of the total height as the radius around
the center point of the base of the tower.
One or more persons related by blood, marriage, adoption
or foster care, or a group of not more than five unrelated individuals
living together and maintaining a common household.
A retail establishment operated by the owner of an active
farm, located within the Township for the sale of products raised
or produced on that farm and which may include, as an accessory use,
the sale of related products produced elsewhere.
The sale of agricultural products or value-added agricultural
products, directly to the consumer from a site on a working farm or
any agricultural, horticultural or agribusiness operation or agricultural
land.
See "wall or fascia sign."
Federal Communications Commission.
[Added 2-21-2018 by Ord.
No. 919]
Banks, savings and loan associations and similar institutions
that lend money or are engaged in a finance-related business.
A public or private, nonprofit establishment which houses
firefighting equipment to serve the Township and which may or may
not include a social hall, meeting rooms, kitchen facilities and other
support facilities approved by the firefighters which do not conflict
with Township zoning regulations.
See "animated sign, electrically activated."
The sum of the gross horizontal area of the several floors
of a building, measured between the exterior faces of walls.
The total floor area of a dwelling devoted to living purposes,
excluding storage spaces, garage and basement recreation areas.
See "net leasable floor area."
A solid wall, fence, dense vegetation or combination thereof
that forces bees to fly at a higher elevation above ground level over
the property lines in the vicinity of the apiary.
[Added 2-21-2018 by Ord.
No. 919]
The preparation of food products for retail sale on the premises.
A sign principally supported by a structure affixed to the
ground and not supported by a building, including signs supported
by one or more columns, poles or braces placed in or upon the ground.
See "yard, front."
The length of an exterior building wall or structure of a
single premises with the primary entrance orientated to the public
right-of-way or other properties that it faces.
All the property on one side of a street between two intersecting
streets (crossing or terminating), measured along the line of the
street, or if the street is dead-ended, then all the property abutting
on one side between an intersecting street and the dead end of the
street.
A building used for the embalming of deceased human beings
for burial, but not including cremation, and/or for the display of
the deceased and ceremonies connected therewith before burial or cremation.
An accessory building designed or used for the storage of
motor-driven vehicles and personal property owned and used by the
occupants of the building to which it is accessory. Not more than
one of the vehicles may be a commercial vehicle or of more than two
tons' capacity.
A multifamily residential building no more than three stories
in height, containing three or more dwelling units which share a common
entrance to the outside, usually through a common corridor, and which
dwelling units may have other dwelling units either above or below
them
An area devoted to playing miniature, par-three or regulation
golf, improved with tees, greens, fairways and hazards, and which
may include a clubhouse and shelters.
Any use or structure operated by an agency of the Township,
county, an authority, commonwealth or federal government for a public
purpose.
See "open space."
A glass-enclosed building or area of land devoted to the
cultivation and sale of plant materials and the products which aid
their growth and care.
A dwelling where room and board is provided to not more than
six permanent residents (excluding those adjudicated by the Juvenile
Court system), developmentally challenged or physically handicapped
persons of any age or elderly persons, 62 or more years of age, who
are in need of supervision and specialized services, plus no more
than two supervisory staff on any shift who may or may not reside
in the dwelling and who provide health, social and/or rehabilitative
services to the residents. The services shall be provided only by
a governmental agency, its licensed or certified agents or any other
responsible nonprofit social services corporation, and the facility
shall meet all minimum requirements of the sponsoring agency.
See "floor area, habitable."
A development which incorporates residential, small-scale
commercial and personal service or institutional uses in single- or
mixed-use structures, in a compact site design with pedestrian circulation,
open space and recreation opportunities.
Any object, natural or man-made, or use of land which obstructs
the airspace required for flight or aircraft in landing or taking
off at an airport or is otherwise hazardous as defined by "airport
hazard" in 74 Pa.C.S.A. § 5102.
A commercial recreational enterprise or private club which
has, as a principal use, a gymnasium, swimming pool or other sports
facility and which may offer massages, whirlpool baths, steam rooms,
saunas and/or medical facilities as accessory uses to the principal
use.
The sale, repair, rebuilding or reconditioning of motor vehicles
in excess of 26,000 pounds gross vehicle weight (GVW) and/or other
heavy equipment, whether or not the equipment is classified as a motor
vehicle.
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Zoning Map, the datum shall
mean sea level elevation unless otherwise specified.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennae mounted on the tower and any other appurtenances.
[Added 2-21-2018 by Ord.
No. 919]
A highway within this commonwealth designated by the Secretary
of Transportation, a highway designated as a public road duly adopted
by the Commissioners of Penn Township or a private road within the
corporate limits of Penn Township.
A lot, with a minimum area of at least three acres but less
than 10 acres, where agricultural activities are conducted by the
residents thereof but where such activities are not the principal
source of employment or income.
The raising of flowers, fruits and vegetables for personal
use and enjoyment on a residential lot, not involving any sale or
other profit-making activity.
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:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity 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.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A place where honey bee colonies and/or hives, and other
beekeeping equipment, are kept.
[Added 2-21-2018 by Ord.
No. 919]
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the Horizontal Zone.
An establishment which has an organized medical staff and
which provides equipment and services primarily for inpatient care
to persons who require definitive diagnosis or treatment or both for
an injury, illness, pregnancy or other disability, but not including
a narcotics addiction or for those found to be criminally insane.
A building in which lodging or boarding is provided and offered
to the public for compensation and in which ingress and egress to
and from all rooms is made through an inside lobby or office supervised
by a person in charge at all hours, not including a boardinghouse,
a tourist home or an apartment, which are herein separately defined.
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated); or reflecting
off its surface(s) (externally illuminated).
Any process, other than light industrial, involving the mechanical
or chemical transformation of materials or substances into new products,
including the assembling of component parts and the blending of raw
materials.
Zoning district indicated on the Official Zoning Map of Penn Township. The purpose of this district is indicated in § 190-406 of this chapter.
The processing and fabrication of certain materials and products
where no process involved will produce noise, vibration, water pollution,
fire hazard or noxious emissions which will disturb or endanger neighboring
properties. Light industrial includes, but is not limited to, the
production of the following goods: home appliances, electrical instruments,
office machines, precision instruments, electronic devices, timepieces,
jewelry, optical goods, musical instruments, novelties, wood products,
printed material, lithographic plates, type composition, machine tools,
dies and gauges, ceramics, apparel, lightweight nonferrous metal castings,
film processing, light sheet metal products, plastic goods, pharmaceutical
goods, food products, not including animal slaughtering, curing or
rendering of fats, and similar activities.
A device which helps in placing fluids underground in porous
rock formations like limestone and sandstone, or below in the shallow
soil layer. For the purposes of this definition, an injection well
is limited to a Class II Oil and Gas Related Injection Well as defined
by the Environmental Protection Agency's Underground Injection Control
program. The fluids could be wastewater, brine, water, or water mixed
with chemicals.
[Added 5-16-2018 by Ord.
No. 920]
An employee of Penn Township authorized and designated by
the Board of Commissioners of Penn Township, an employee of the Penn
Township Police Department authorized by the commanding officer of
the Police Department or other persons designated by Penn Township
to inspect premises regulated under this article, to cooperate in
taking required actions authorized by this article where violations
are found on the premises and to request correction of the unsatisfactory
conditions found on a premises and not permitted under this article.
Any sign placed within a building, but not including "window
signs" as defined by this article. Interior signs, with the exception
of window signs as defined, are not regulated by this chapter.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste, iron, steel and other old or scrap ferrous or
other nonferrous materials, including wrecked, scrapped, ruined, dismantled
or junked motor vehicles or parts thereof, including motors, bodies
of motor vehicles and vehicles which are inoperable and do not have
a current and valid inspection sticker as required by the Motor Vehicle
Code of the Commonwealth of Pennsylvania, but not including garbage
or other organic waste or farm machinery, provided that said farm
machinery is used in connection with a bona fide farming operation.
Any outdoor establishment or place of business which is maintained,
used or operated for storing, keeping, buying or selling junk, and
the term shall include garbage dumps, sanitary landfills, recycling
facilities, resource-recovery facilities, transfer stations and scrap
metal reprocessing facilities and automotive dismantlers and reprocessors.
An establishment, including any dwelling, where five or more
dogs and/or seven or more cats or any combination of cats and dogs
totaling six animals who are six months old or older are kept, bred,
trained or boarded at any one time, whether for profit or not.
A space within the principal building or on the same lot
therewith, providing for the standing, loading or unloading of trucks.
A portion of a subdivision or other parcel of land intended
as a unit of transfer of ownership or for development which has frontage
on a public or private street.
See "lot, minimum area of."
The ratio of enclosed ground floor area of the principal
and accessory buildings to the horizontally projected total area of
the lot, expressed as a percentage.
That line which bounds the lot contiguously with the street
right-of-way line.
That line which is generally opposite to the front lot line.
Any lot line which is not a front lot line nor a rear lot
line.
Any lot which individually or as a part of a subdivision
has been recorded in the office of the Recorder of Deeds of Westmoreland
County prior to July 20, 1964, and all subsequent lots given final
approval by the Township Board of Commissioners and duly recorded.
The mean horizontal distance across the lot between the side
lot lines, measured along the building line at right angles to the
depth. At least 60% of the required width must be located on a public
right-of-way boundary. On corner lots, lot width shall be measured
between one side lot line and the street right-of-way line which is
opposite to that side lot line.
The area of a lot exclusive of any portion of a right-of-way
of any public or private street.
An inclined decorative roof-like projection that is attached
to an exterior building facade.
An alternate designation of a "canopy sign."
A voluntary negotiating process in which parties to 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.
An establishment where patients who are not lodged overnight
are admitted for examination and treatment on an outpatient basis
by a group of physicians, dentists, psychologists, medical personnel
or social workers.
A freestanding sign oriented to the drive-through lane for
a restaurant that advertises the menu items available from the drive-through
window, and which has no more than 20% of the total area for such
a sign utilized for business identification.
Includes the tower, base plate, anchors, guy wires and hardware,
anemometers (wind speed indicators), wind direction vanes, booms to
hold equipment for anemometers and vanes, data loggers, instrument
wiring, and any telemetry devices that are used to monitor or transmit
wind speed and wind flow characteristics over a period of time for
either instantaneous wind information or to characterize the wind
resource at a given location.
An accessory structure to deep mining operations necessary
to the proper ventilation of the underground mineral removal areas.
An overlay zoning district indicated on the Official Zoning Map of Penn Township. The purpose of this district is indicated in § 190-407 of this chapter.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc,
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
A building or group of buildings in a controlled-access and
fenced compound that contains various sizes of individualized, compartmentalized
and controlled access stalls and/or lockers leased by the general
public for a specified period of time for the storage of personal
property.
Zoning district indicated on the Official Zoning Map of Penn Township. The purpose of this district is indicated in § 190-403 of this chapter.
The occupancy within the same building of two differing uses,
one on the grade or first floor of commercial or service use, and
the second of office or residential use on floors above.
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
in accordance with the requirements of the American National Installation
of Mobile Homes Requirements (NFPA No. 501-AI 974, ANSI AI 19.3-1975),
as amended, and which is connected to all available utilities and
shall be regarded as a single-family detached dwelling.
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 so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennae and connecting appurtenances.
[Added 2-21-2018 by Ord.
No. 919]
A freestanding sign supported primarily by an internal structural
framework or integrated into landscaping or other solid structural
features other than support poles.
An establishment, other than a hotel, which provides transient
lodging accommodations to the general public and which may provide
such additional supporting services as restaurants, meeting rooms,
recreation facilities and living quarters for a resident, manager
or proprietor.
Any establishment for the repair, rebuilding or reconditioning
of motor vehicles, excluding those in excess of 26,000 pounds gross
vehicle weight (GVW) or parts thereof, including engine overhaul,
collision service, painting, steam-cleaning of vehicles and recapping
or retreading of tires.
A sign containing three or more faces.
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow the natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets, but not including facilities or equipment that are/is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from natural gas.
Zoning district indicated on the Official Zoning Map of Penn Township. The purpose of this district is indicated in § 190-404 of this chapter.
Business establishments located entirely within an enclosed
building, containing one or more of the permitted uses listed in this
chapter, which have a total floor area of 10,000 square feet or less
and which are designed to serve the needs of the surrounding residential
neighborhoods.
The total floor area of a building designed for tenant occupancy,
excluding halls, corridors, stairwells, elevator shafts, equipment
rooms, interior vehicular parking and loading areas and other areas
used in common by tenants of the building, expressed in square feet
and measured from the center line of joint partitions and exteriors
of outside walls.
The difference between the electricity supplied over the
electric distribution system and the electricity generated by the
small wind energy system which is fed back into the electric distribution
system over a billing period.
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:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
No on-site parking of commercially identified vehicles shall
be permitted.
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.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
Those items not connected to farming or the farm operation,
such as novelty t-shirts or other clothing, crafts and knick-knacks
imported from other states or countries, etc.
Activities that are part of an agritourism operation's total
offerings but not tied to farming or the farm's buildings, equipment,
fields, etc. Such nonagriculturally related uses include amusement
rides, concerts, etc., and are subject to special use permit.
A sign expressing a political point of view
Any lot which does not comply with the applicable area and
bulk provisions of this chapter or an amendment hereafter enacted
and which lawfully existed prior to the enactment of this chapter
or any subsequent amendment.
Any lawful structure or building existing at the effective
date of adoption or amendment of this chapter and which does not conform
to the area and bulk regulations of the district in which it is situated.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or an amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such Chapter or amendment or prior to the
application of such Chapter or amendment to its location by reason
of annexation.
All nontower wireless communications facilities, including,
but not limited to, antennae and related equipment. Nontower WCF shall
not include support structures for antennae or any related equipment
that is mounted to the ground or at ground level.
[Added 2-21-2018 by Ord.
No. 919]
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.
The appearance of a human bare buttock, human anus, human
male genitals, human female genitals or human female breast.
A school designed to provide daytime care or instruction
for two or more children of preschool age.
A structure with walls and a roof within which individuals
live, customarily work and such other "vulnerable structures" which
include schools, hospitals, clinics, daycare centers and intermediate
care facilities.
See "outdoor advertising sign."
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling a well of any depth into, through, and
below the surface of the earth.
The term includes the following:
Well location assessment, including seismic operations, well
site preparation, construction drilling, hydraulic fracturing and
site restoration associated with an oil or gas well of any depth;
Natural gas processing plants or facilities performing equivalent
functions;
Water and other fluid storage or impoundment areas used exclusively
for oil and gas operations;
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of, the property on which
it is displayed.
A lot or parcel or portion thereof or body of water or combination
thereof within a development site, which is dedicated or reserved
for the use of the general public or the owners or tenants of the
development.
A person, partnership or corporation operating, conducting
or maintaining an adult-oriented establishment, or any commercial
or service enterprise doing business in Penn Township.
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed.
An enterprise, not otherwise defined herein, operated by
an individual, group of individuals or nonprofit association or corporation,
other than a public entity, for the pursuit of sports and recreational
activities, which may be advertised to the general public.
Zoning districts that extend on top of one or more underlying
base zoning districts and are intended to protect certain critical
features and resources or to achieve a narrow planning objective.
The extension of a building facade above the line of the
structural roof.
An off-street area including two or more parking spaces,
aisles and driveways, either within a structure or in the open, which
is accessory to the principal use of the lot.
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.
An individual, proprietorship, firm, partnership, corporation,
company, association, joint-stock association or governmental entity,
including a trustee, a receiver, an assignee or a similar representative
of any of the above.
Any enterprise conducted for gain which primarily offers
services to the general public, such as shoe repair, tailoring, clothes
cleaning, valet service, watch repairing, barbershop, beauty parlors
and activities related to individuals, their apparel and their personal
effects.
An active solar energy system that converts solar energy
directly into electricity.
A building, other than a dwelling, used by a nonprofit group
or organization, which is created and exists for the sole purpose
of regularly conducting worship services without pecuniary benefit
to any officer, member or shareholder, except as reasonable compensation
for actual services rendered to the organization, and which may also
include, as accessory uses, religious education, social and recreational
activities and administrative offices.
An industrial development which may include support uses
which is under single ownership and control at the time of an application
for development and which is planned and developed as a single unit
wherein several buildings or lots utilize a common means of access
and may share other common facilities, such as parking and signs.
An area of land, 10 acres minimum in size, planned, developed,
operated and maintained as a single entity, and containing two or
more structures designed to accommodate office, service, retail or
commercial uses, or a combination of such uses and appurtenant common
exterior open space areas and accessory uses incidental to the permitted
principal uses.
The Planning Commission of Penn Township, Westmoreland County.
See "freestanding sign."
Any sign which advocates a candidate for public office, or
which supports a particular political party, or a position on an issue
to be determined by an election. Political signs are not to be classified
as temporary or permanent. A legally permitted outdoor advertising
sign shall not be considered to be a political sign.
Any sign not permanently attached to the ground, affixed
to a mounting structure or to a building or building surface.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends
200 feet beyond each end of that runway for military runways or, when
the runway has no specially prepared hard surface or planned hard
surface, the primary surface is set forth in the airport overlay district
provisions. The elevation of any point on the primary surface is the
same as the elevation of the nearest point on the runway center line.
Owned, operated or controlled by any person, partnership,
corporation, association or entity other than a federal, commonwealth,
county or local government agency.
An airport which is privately owned and which is not open
or intended to be open to the public, as defined in 74 Pa.C.S.A. § 5102.
Any offices of recognized professions, such as doctors, lawyers,
architects, engineers, real estate brokers, insurance agents and others
who, through training, are qualified to perform services of a professional
nature.
A sign other than a wall sign that is attached to or projects
more than 18 inches (457 mm) from a building face or wall or from
a structure whose primary purpose is other than the support of a sign.
For visual reference, see Figure 1003.[3]
Any occupied structure measured horizontally on the ground,
within 600 feet of the vertical wellbore of an unconventional oil
natural gas well, or in the case of a natural gas processing facility,
within 1,200 feet thereof, also measured horizontally on the ground.
The term shall not include any structure occupied by individuals,
and such facilities as for the storage for construction material or
equipment. The term shall not include any structure whose owner has
signed a waiver relieving the operator from implementation of the
measures established herein or other applicable provisions of any
current Penn Township ordinance. In addition, a waiver shall not be
required from the owners of any protected structure which may be situate
within the setback area of those situations where such owner has a
valid and sustaining oil and gas lease with the party proposing the
oil and/or gas well.
Owned, operated or controlled by a government agency, federal,
commonwealth, county or local.
An airport which is either publicly or privately owned and
which is open to the public, as defined in 74 Pa.C.S.A. § 5102.
A formal meeting held pursuant to public notice by the Board
of Commissioners or the Planning Commission and Zoning Hearing Board
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,
the Act of July 3, 1986, P.L. 729, No. 93.
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.
An enterprise operated by a public entity, available to the
general public, whether or not an admission fee is charged, which
provides outdoor facilities for the pursuit of sports, recreation
or leisure activities, including but not limited to play equipment,
playing fields, golf courses, golf or batting practice facilities,
pavilions, ice rinks, tennis courts, swimming pools, street hockey,
basketball courts and similar facilities.
Any business activity regulated by a government agency in
which the business is required by law to register as a public utility.
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
An activity conducted for gain and which is generally related
to the entertainment field, such as motion-picture theaters, bowling
alleys, roller-skating rinks, golf courses as defined herein, commercial
swimming pools and related uses.
Country clubs, fitness clubs, golf courses and other private
recreation areas and facilities not available to the general public,
including private community swimming pools but excluding sportsmen's
clubs, as defined by this chapter.
A single-axle or multiple-axle vehicle mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automobile vehicle,
for the purpose of travel, camping, vacation and recreational use,
including but not limited to travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pickup campers, horse
trailers, snowmobiles and all-terrain vehicles. A recreational vehicle
as defined herein must have a current and valid inspection and registration.
A seasonal recreational facility, operated for profit, which
offers spaces for rent for overnight occupancy by campers utilizing
trailers or recreational vehicles and which includes sanitary facilities
and recreational facilities for the use of the campers.
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or nontower WCF. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added 2-21-2018 by Ord.
No. 919]
Any establishment which carries on investigation in the natural,
physical or social sciences or engineering and development as an extension
of such investigation with the objective of creating end products
and which may include pilot manufacturing as an accessory use where
concepts are tested prior to full-scale production.
An establishment whose principal use is the sale of food
and beverages for consumption on the premises and/or takeout and/or
delivery and which may or may not include the sale of alcoholic beverages
as an accessory use.
Any establishment not otherwise specifically defined in this
article that sells commodities and/or services on the premises directly
to consumers, but not including the on-site industrial activity or
processing of any product or any wholesale sales.
A sign that revolves 360° (6.28 rad) about an axis. See
also "animated sign, mechanically activated."
The top edge of a peaked roof or, in the case of an extended
facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on, and supported by, the main roof portion
of a building, or above the uppermost edge of a parapet wall of a
building and which is wholly or partially supported by such a building.
Signs mounted on mansard facades, pent eaves and architectural projections
such as canopies or marquees shall not be considered to be "roof signs."
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance
or area-type navigation equipment and for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
A zoning district indicated on the Official Zoning Map of Penn Township. The purpose of this district in indicated in § 190-402 of this chapter.
Any site licensed by the Pennsylvania Department of Environmental
Protection (DEP) for the disposal of municipal solid waste, other
than hazardous waste, as defined and regulated by federal statute.
An accredited institution of learning which offers elementary
and secondary-level instruction or which offers associate, bachelor
or higher degrees in the several branches of learning required by
the Commonwealth of Pennsylvania.
On an electronic message center, changeable or animated sign,
a form of animation whereby elements of copy are sequentially displayed
so as to give the appearance of movement on or across the sign, whether
vertically or horizontally.
A recurrent period characterized by certain occurrences,
festivities, or crops; harvest, when crops are ready; not all year
round.
A sign erected for a limited period of time during the year
when retailing activities for a particular farm product is available
to the public.
Land uses including but not limited to churches, Sunday schools,
parochial schools, colleges, hospitals and other institutions of an
educational, religious, charitable or philanthropic nature.
Any building, structure or land used for the dispensing,
sale or offering for sale at retail of any automobile fuels, oils
or accessories, including lubrication of automobiles and replacement
or installation of minor parts and accessories, but not including
major repair work, such as engine overhaul, motor replacement, body
and fender repair or spray-painting or recapping or retreading of
tires.
An approved system, whether privately or publicly operated,
for the collection and disposal of sewage that serves two or more
dwelling units but which does not include septic tanks.
A system including but not limited to a septic tank or sand
mound on an individual lot, which utilizes an aerobic bacteriological
process for the elimination of solid wastes and provides for the proper
and safe disposal of the effluent, subject to the approval of health
and sanitation officials having jurisdiction.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult-oriented
business, adult theater, escort agency, nude model studio or sexual
encounter center.
See "yard, side."
Any device visible from a public place that displays either
commercial or noncommercial messages by means of graphic presentation
of alphabetic or pictorial symbols or representations. Noncommercial
flags or any flags displayed from flagpoles or staffs will not be
considered to be signs.
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, which comprise the sign
face. The area of any double-sided or "V" shaped sign shall be the
area of the largest single face only. The area of a sphere shall be
computed as the area of a circle. The area of all other multiple-sided
signs shall be computed as 50% of the sum of the area of all faces
of the sign.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, nonstructural or decorative
trim, or any areas that are separated from the background surface
upon which the sign copy is displayed by a distinct delineation, such
as a reveal or border.
In the case of panel or cabinet-type signs, the sign face shall
include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
In the case of sign structures with routed areas of sign copy,
the sign face shall include the entire area of the surface that is
routed, except where interrupted by a reveal, border, or a contrasting
surface or color.
In the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy, but not the
open space between separate groupings of sign copy on the same building
or structure.
In the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background, or within the painted or illuminated
border.
Any structure supporting a sign.
A device, structure or a part of a device or structure (array,
panel or similar device) installed for the sole purpose of the collection,
inversion, storage, and distribution of solar energy. This device
may be roof-mounted or ground-mounted as an accessory use.
Radiant energy received from the sun that can be collected
in the form of heat or light.
A use where a series of solar collectors are placed in an
area for the purpose of generating photovoltaic power for an area
greater than the principal use on the site or as the principal use
on the site for off-site energy consumption. The use of solar collectors
for personal or business consumption that occurs on-site is not considered
a "solar farm."
A use which is subject to approval by the Zoning Hearing
Board when there is a specific provision for such special exception
made in this chapter.
Includes any of the following:
A private recreational facility which may or may not include
a clubhouse with kitchen and/or toilet facilities, and which may include
but is not limited to the following activities: archery, target shooting,
skeet or trap shooting, and fishing.
A lot, with a minimum area of three acres, where horses and/or
ponies are kept for the personal use of the residents of the lot,
not including any profit-making activities.
Camouflaging methods applied to wireless communications towers,
antennae and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennae, building-mounted antennae painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 2-21-2018 by Ord.
No. 919]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. A basement shall be counted as a story if it is used
for living quarters or if 2/3 of its volume is above the average level
of the adjacent ground.
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.
A recorded dividing line between a lot, tract or parcel of
land and a contiguous street.
Any change in a supporting member of a structure, such as
bearing walls, columns, beams or girders.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria:
For tower-based WCF outside the public rights-of-way, it increases
the height of the facility by more than 10%, or by the height of one
additional antenna array with separation from the nearest existing
antenna, not to exceed 20 feet, whichever is greater; for tower-based
WCF in the rights-of-way, it increases the height of the facility
by more than 10% or 10 feet, whichever is greater;
For tower-based WCF outside the public rights-of-way, it protrudes
from the edge of the WCF by more than 20 feet or more than the width
of the tower-based structures at the level of the appurtenance, whichever
is greater; for those tower-based WCF in the public rights-of-way,
it protrudes from the edge of the structure by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation of deployment outside the current
site of the tower-based WCF; or
It does not comply with conditions associated with prior approval
of construction or modification of the tower-based WCF unless the
noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
[Added 2-21-2018 by Ord.
No. 919]
A building and/or a lot which is used for the storage and
sale of construction materials or similar supplies to individuals
and contractors, where no industrial activity is done and no vehicles
or equipment are repaired, displayed or sold.
Any extraction of any mineral excluding oil and gas or fill
material which involves removal of the surface of the earth or exposure
of the mineral or subsurface of the earth to wind, rain, sun or other
elements of nature. Mining activities carried out beneath the surface
by means of shafts, tunnels or other underground mine openings are
not included in this definition.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered "temporary signs."
An establishment inside a completely enclosed building, devoted
to showing motion pictures and/or live dramatic, comedic or musical
performances.
The cutting or harvesting of live or dead, standing or fallen
trees for cordwood, for timber, for pulp or for any commercial purpose,
when practiced in accordance with accepted silviculture principles,
excluding the clearing of trees by the landowner for his own use,
clearing for the development of building sites as part of an approved
subdivision, land development or building permit, clearing for farming
operations or selective removal of individual trees which are dead,
damaged, diseased or constitute a danger to neighboring properties
or the general public.
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCF.
A multifamily dwelling which contains at least three but
not more than eight dwelling units, each for the exclusive use by
one family, where each unit has a separate entrance and is attached
to another unit by continuous vertical walls without opening from
basement to roof.
The Board of Commissioners of Penn Township, Westmoreland
County, Pennsylvania.[4]
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
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.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces which project through and beyond the
limits of the conical surface extend a distance of 5,000 feet, measured
horizontally from the edge of the approach surface and at ninety-degree
angles to the extended runway center line.
A building and adjacent area which may or may not include
facilities for maintenance, fueling, repair, storage or dispatching
of the vehicles.
A bore hole drilled or being drilled in a geological shale
formation existing below the base of the Elk sandstone or its geologic
equivalent stratigraphic interval where natural gas generally cannot
at economic flow or in economic volumes except by vertical or horizontal
well bores stimulated by hydraulic fracturing treatment or by using
multilateral well bores or other techniques to expose more of the
formation to the well bore.
A sign attached to the underside of a canopy or marquee.
Any activity, business or purpose for which any lot or structure
is utilized.
Any use which is not listed in a given zoning district but
which may be approved as a conditional use by the Board of Commissioners
if the Board determines the use is comparable to other uses listed
in the district in accordance with express standards and criteria
in this chapter.
Signs containing two faces of approximately equal size erected
upon common or separate structures, positioned in a "V" shape with
an interior angle between faces of not more than 90° (1.57 rad).
A relaxation of requirements where such variance will not
be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of actions of the applicant,
a literal enforcement of this chapter would result in unnecessary
and undue hardship. A variance is administrated by the Zoning Hearing
Board.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches (457 mm) from the building or structure wall, including signs affixed to architectural projections from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For a visual reference and a comparison of differences between wall or fascia signs and roof signs, see Article VII.
The storage and handling of freight or merchandise, but not
including the maintenance or fueling of commercial vehicles.
The post-drilling liquids or fluids used in the fracking
or extraction process.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 2-21-2018 by Ord.
No. 919]
A business primarily engaged in selling merchandise to retailers
or institutional, commercial or professional business customers or
other wholesalers, rather than to the general public, which includes
the warehousing of merchandise and which may include distribution
of such merchandise on the site of the principal business.
The moving shadow created by the sun shining on the rotating
blades of the wind turbine.
A small wind energy system consisting of a wind turbine,
a tower, and associated control and conversion electronics, and will
be used primarily for on-site consumption.
A sign affixed to the surface of a window with its message
intended to be visible to and readable from the public way or from
adjacent property. Signs painted on the interior or the exterior of
the surface of a window shall not be considered window signs.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 2-21-2018 by Ord.
No. 919]
The antennae, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 2-21-2018 by Ord.
No. 919]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
[Added 2-21-2018 by Ord.
No. 919]
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that is constructed
primarily to support the placement or installation of a wireless communications
facility if approved by the Township.
[Added 2-21-2018 by Ord.
No. 919]
An open space between a building and the adjoining lot lines,
unoccupied by any use other than a parking area or driveway, when
specifically authorized by this chapter, or by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of the rear yard, the minimum horizontal
distance between the lot line and the principal building shall be
used.
A yard extending across the full front width of a lot between
the side lot lines and being the minimum horizontal distance between
the street right-of-way line and the principal building or any projection
thereof, other than the projections of the usual uncovered steps,
uncovered balconies or uncovered porches with a maximum floor area
of 25 square feet.
A yard extending across the full width of the rear of a lot
between the side lot lines and being the required minimum horizontal
distance between the rear lot line and the rear of the principal building
or any projection thereof, other than the projections of uncovered
steps, unenclosed balconies or unenclosed porches.
A yard between the principal building and the side line of
the lot and extending from the required front yard to the required
rear yard and being the minimum horizontal distance between a side
lot and the side of the principal building or any projections thereto.
See "district, zoning."
The zoning district map or maps of Penn Township, together
with all amendments.[5]
A lot conforming to all zoning requirements of the district
in which it is located, including utilities, area and any special
or supplementary requirements, or a legally existing lot of record
recorded prior to passage of this chapter and subsequent amendments.
An administrative official or his authorized representative
appointed by the Board of Commissioners to administer and enforce
this chapter.
The document issued by the Zoning Officer, authorizing the
use of the land.
[1]
Editor’s Note: The former definition of “communications
facilities,” which immediately followed, was repealed 2-21-2018
by Ord. No. 919.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: Said figure is on file in the Township offices.
[4]
Editor’s Note: The former definition of “traditional
neighborhood development,” which immediately followed, was repealed
2-21-2018 by Ord. No. 919.
[5]
Editor's Note: Said maps are on file in the Township offices.
