A.Â
The words "person," "subdivider" and "owner" include corporation,
unincorporated association, partnership, and other similar legal entities,
as well as an individual.
B.Â
The word "street" includes thoroughfare, avenue, boulevard, court,
expressway, highway, lane, arterial, and road.
C.Â
The word "structure" includes building, and shall be construed as
if followed by the phrase "or part thereof."
D.Â
The word "watercourse" includes channel, creek, ditch, drain, dry
run, spring, and stream.
E.Â
The words "should" and "may" are permissive; the words "must," "shall,"
and "will" are mandatory.
Where terms or words are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
Terms and words used herein, unless otherwise specifically stated
within the body of the text, shall have the following meanings:
An improved surface designed and constructed to provide for
vehicular movement between a public road and the off-street parking
and/or loading for any use, other than one single-family dwelling
unit or farm.
A building which is designed and used for a purpose subordinate
and incidental to that of the principal structure on a given lot.
A use subordinate and incidental to some other use, known
as the principal use, which is carried out on the same lot (although
not necessarily within the same structure) as such principal use.
The Pennsylvania Municipalities Planning Code, Act 247,[1] as amended.
A type of commercial activity characterized by the sale or
rental of printed matter, films, videotapes, or other forms of audio
or visual material wherein the preponderance of such materials are
characterized by an emphasis on the depiction, description, or display
of erotic activities or conduct. Also, a type of commercial activity
involving the sale of instruments, devices, or paraphernalia (excluding
birth-control devices) designed for use in connection with sexual
or erotic activity or conduct.
A business or club which engages in one or more of the following
areas of sales, services or entertainment:
ADULT BATH HOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner. A medical practitioner, for the purpose of this Chapter, shall be a medical doctor, physician, chiropractor, or similar professional licensed by the Commonwealth of Pennsylvania.
ADULT BODY PAINTINGAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.
ADULT VIDEOSTORE/BOOKSTOREAny establishment which has a substantial or significant portion of its stock in trade:
Books, films, videos, magazines or other periodicals, or other
forms of audio or visual representation which are distinguished or
characterized by an emphasis on depiction or description of specified
sexual activities or specified anatomical areas;
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT CABARETA nightclub, theater, bar, or other establishment which features live or media representations of performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATERAn enclosed or unenclosed building used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with accommodations for less than on overnight stay.
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin or slug-operated, or electronically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWSRACKAny machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
ADULT SEXUAL ENCOUNTER CENTERAny business, agency or person, who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, including psychosexual workshops, operated by a medical practitioner, licensed by the Commonwealth, to engage in sexual therapy.
ADULT THEATERA theater, concert hall, auditorium, or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
Any other business or establishment which offers its patrons
services or entertainment characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas."
An adult residential development, age-restricted in accordance
with the requirements of the Federal Fair Housing Act, as amended,
emphasizing social and recreational activities, but may also provide
for personal services, limited health facilities and transportation.
Cultivation of the soil and/or animal husbandry. This definition
includes horticulture, graniculture, nurseries and greenhouses, forestry,
Christmas tree farming, and the commercial production of livestock.
For the purposes of this chapter, certain activities have been deemed
"intensive or special intensified agriculture," and are specifically
excluded from this more general definition.
Special agricultural activities, including but not limited
to egg and poultry production and dry lot livestock production, which,
due to the intensity of production or raw material storage needs,
necessitate special control of operation, raw material storage and
processing and disposal of liquid and solid wastes.
Specific agricultural activities which, due to their intensity
of production or needs for storage of raw materials, require special
controls for their operation, storage, processing, and waste disposal.
Such uses include, but are not limited to, mushroom farming and processing
of farm products.
A place where aircraft land and take off.
A minor right-of-way, privately or publicly owned, primarily
for service access to the rear or sides of properties.
Any change or rearrangement in or of the facilities or structural
elements of a structure, including any enlargement thereof, whether
by extension on any side, an increase in height, or the moving of
a structure from one location or position to another, whether on the
same or to a different lot.
An establishment or business which provides, as a principal
use, amusement devices and/or games of skill or chance (e.g., pinball
machines, video games, skee-ball, electronic or water firing ranges
and other similar devices). This definition does not include the use
of two or less such devices as an accessory use. This use shall not
include adult-related uses, as defined herein.
One thousand pounds live weight of livestock or poultry animals,
regardless of the actual number of individual animals comprising the
unit; provided, however, that if the Pennsylvania Department of Agriculture,
Pennsylvania Department of Environmental Protection, or other state
or federal agency revises the definition of "animal equivalent unit,"
then this term shall be interpreted in accordance with the regulations
of the Pennsylvania Department of Agriculture, Pennsylvania Department
of Environmental Protection, or such other agency.
An animal equivalent unit per acre of crop land or acre of
land suitable for application of animal manure.
The agricultural practice of breeding and raising livestock
such as cattle, hogs, sheep and horses for utility, sport or pleasure,
or the production of meat and/or dairy products for consumption.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A dwelling which exists with another dwelling or dwellings
within a single building.
A written submission that is in conformance with forms approved
by the Township.
The two-dimensional measurement of space between known lines
or boundaries.
BUILDING AREAThe total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of uncovered porches, awnings, terraces, and steps (i.e., top view).
GROSS FLOOR AREAThe sum of the floor areas of a building, as measured to the outside surfaces of exterior walls and/or all areas intended for the conduct of a use.
HABITABLE FLOOR AREAThe sum of the floor areas of a dwelling unit as measured to the inside surfaces of interior walls and including all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room, closets, hallways, stairways, and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas, such as enclosed porches.
LOT AREAThe total surface area contained within the property lines of a lot.
RETAIL SALES AREAThe total area of use which is devoted to the display of goods and/or services, including aisles, to prospective patrons.
A building intended to provide food, shelter, and care for
adults ages 65 and older, as well as persons younger than 65 suffering
a permanent mental and/or physical disability who require supervision
or assistance with some or all activities of daily living. Persons
rehabilitating from a drug and/or alcohol addiction are specifically
excluded from living in this facility. The facility is intended to
coordinate services by outside health-care providers; and to monitor
the activities of the residents to help ensure their health, safety,
and well-being. Assistance may include the administration or supervision
of medication, or personal care services provided by a trained staff
person.
That part of a building which is immediately below, and completely
or partly within, the roof framing. Within a dwelling unit, an attic
shall not be counted as floor area, unless it is constructed as, or
modified into, a habitable room by the inclusion of dormer windows,
an average ceiling height of five feet or more, and a permanent stationary
interior access stairway to a lower building story.
A commercial service which features the repair of motor vehicle
bodies, including cosmetic detailing, painting, and repainting.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any retail sales of motor
vehicle accessories, which shall not include major repairing, body
and fender work, painting, vehicular sales, nor rental or automatic
car washes.
Any building or land devoted to the retail sales of motor
vehicles, including accessory service and repair facilities, if such
service and repair are conducted within a completely enclosed building.
The retail repair, servicing, maintenance, and reconstruction
of motor vehicles, but not including car washes per se.
A structure used (or originally used) for the storage of
farm products or agricultural equipment, animal feed, or for the housing
of farm animals.
The flood having a one-percent chance of being equaled or
exceeded in any given year (one-hundred-year flood).
The projected flood height of the base flood.
Any structure or equipment at a fixed location that enables
FCC-licensed or authorized communications between user equipment and
a communications network. Includes structures other than towers that
support or house an antenna, transceiver, or other associated equipment
that constitutes part of a "base station" at the time the relevant
application is filed with the state or municipal authorities, even
if the structure was not built for the sole or primary purpose of
providing such support, but does not include structures that do not
at the time support or house base station components. The term includes
buildings, light poles, utility poles, water towers, etc., as well
as DAS systems and small cells.
A story partially below the finished grade of a structure,
having more than 1/2 of its height (as measured from finished floor
to finished ceiling) above the average level of the finished grade
abutting the exterior walls of the structure, and with a floor-to-ceiling
height of greater than 6Â 1/2 feet. When calculating the number
of stories in a structure, a basement shall be included as a story.
A single-family, owner-occupied dwelling, where between one
and six sleeping accommodations are rented to overnight guests on
a daily basis for periods not exceeding two weeks. Breakfast may be
offered only to registered overnight guests. Does not include group
homes or boarding house.
A sign visible from a public or private way that directs
attention to a business, commodity, service, entertainment, attraction,
or subject, sold, offered, or existing elsewhere than upon the same
lot where such sign is displayed. "Billboard" also includes an outdoor
advertising sign on which space is leased or rented by the owner thereof
to others for the purpose of conveying a commercial or noncommercial
message, and also includes all structural components, and all facilities
used to illuminate and/or service the sign.
The generation of electricity utilizing the following:
Organic material from a plant that is grown for the purpose
of being used to produce electricity or is protected by the Federal
Conservation Reserve Program (CRP) and provided further that crop
production on CRP lands does not prevent achievement of the water
quality protection, soil erosion prevention or wildlife enhancement
purposes for which the land was primarily set aside; or
Any solid, nonhazardous, cellulosic waste material that is segregated
from other waste materials, including waste wood pallets, wood crates
and landscape or right-of-way tree trimmings or agricultural sources,
including orchard tree crops, vineyards, grain, legumes, sugar and
other crop by-products or residues, but excluding other materials
such as hazardous waste, infectious waste and animal waste as defined
in 25 Pa. Code, § 271.1.
A lot or group of contiguous lots bounded by streets, public
parks, railroad rights-of-way, watercourses or other bodies of water,
or by any combination thereof.
The Board of Supervisors, except within Article XVIII of this chapter, where this term shall refer to the Zoning Hearing Board.
The governing body of the Township of Maidencreek, Berks
County, Pennsylvania.
An individual other than a member of a family owning or occupying
a dwelling unit, or a lodging facility who, for compensation, is furnished
sleeping accommodations within such dwelling unit or lodging facility,
and may be furnished meals or other services as part of the compensation.
A building for residential occupancy within which are provided
shelter and meals to more than two but not more than six persons for
compensation by prearrangement for definite periods and in which no
provision is made for cooking in any room other than a common kitchen.
Does not include group homes or bed-and-breakfast.
A type of structure designed, intended, or arranged for the
housing, sheltering, enclosure, or structural support of persons,
animals, or property of any kind.
The vertical distance measured from the average elevation
of the finished grade at the two front corners of the building to
the highest point of the roof.
The longest horizontal dimension of a building, measured
in a single straight line.
A statement issued by the Township Zoning Officer authorizing
the erection, construction, alteration, conversion, replacement, or
enlargement of a building or other structure. The statement shall
indicate compliance of the proposed activity with the applicable Township
codes and ordinances.
The line within a property establishing the minimum required
distance between any building or structure or portions thereof to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line which abuts the property, and the
building setback line shall be parallel to said right-of-way line.
A term used to describe the size, volume, area, or shape
of buildings or other structures and their physical relationship to
each other, to open space, to tracts of land, or to lot lines.
A structure used to store large quantities of seed, grain,
feed, or silage.
A type of commercial activity featuring live entertainers
who engage in activities such as stripping or topless or bottomless
dancing.
That portion of a street or alley right-of-way, paved or
unpaved, intended for vehicular use, including travel lanes and parking
areas, but excluding shoulders, curbs, sidewalks, and drainage channels.
A story partially below the finished grade of a structure,
having less than 1/2 of its height (as measured from finished floor
to finished ceiling) above the average level of the finished grade
abutting the exterior walls of the structure, or with a floor-to-ceiling
height of less than 6Â 1/2 feet. When calculating the number of
stories in a structure, a cellar shall not be included as a story.
Land used or intended to be used for the burial of the deceased,
including columbaria, crematoria, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within the boundaries
thereof.
A permit issued and signed by the Township Zoning Officer,
stating that a given structure (including a sign or signs) or use
of land is in compliance with the applicable codes and ordinances
of this Township and that such structure or use of land may be lawfully
utilized for specific uses. Such permit shall not be issued until
the Zoning Officer or his authorized representative shall have inspected
the structure or use of land in question.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
That water which is flowing within the limits of a defined
channel.
A building or structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, cemeteries, and
church-related educational and/or day-care facilities.
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws; buildings and facilities
owned or operated by a corporation, association, person or persons,
for a social, educational, or recreational purpose, to which membership
is required for participation by members and their guests.
An organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided they are not
conducting any vending stands, merchandising or commercial activities,
except as required for the sole benefit of the membership of such
club. Clubs shall include, but not be limited to, service and political
organizations, labor unions, as well as social and athletic clubs.
Private clubs shall not include adult-related uses, as defined herein.
A form of development that permits a reduction in lot area
and bulk requirements, provided there is no increase in the number
of lots permitted under a conventional subdivision or increase in
the overall density of development, and the remaining land area is
devoted to open space, active recreation, preservation of environmentally
sensitive areas, or agriculture.
A retail commercial establishment offering the sale of coffee,
tea, and other non-alcohol beverages and where light refreshments
and limited menu meals may also be sold.
A single telecommunication pole, mast, tower, cable, wire
or other structure supporting multiple antennas, dishes, transmitters,
repeaters, or similar device owned or used by more than one public
or private entity.
[Added 11-14-2019 by Ord. No. 250]
The mounting of one or more wireless communication facilities,
including antennae, on an existing tower-based WCF, or on any structure
that already supports at least one nontower WCF.
A parking lot or garage wherein parking spaces are rented
or leased.
An activity operated as a business, open to the public, for
the purpose of public recreation or entertainment. Examples include,
but are not limited to, bowling alleys, drive-in motion picture facilities,
swimming pools, health clubs, miniature golf courses and museums.
This use shall not include adult-related uses or amusement arcades,
as defined herein.
A school that may offer a wide range of educational or instructional
activities (excluding vocational-mechanical trade schools, as defined
below) that may, or may not, be operated as a gainful business by
some person or organization other than the public school district.
Examples include, but are not limited to, ballet, karate, painting,
photography, computer training, and dance schools.
A parcel or parcels of land, an area of water, or a combination
of land and water within a development site designed and intended
for the use or enjoyment of the residents of said development exclusively
or of the Township generally. Areas occupied by streets and off-street
parking areas, land within required setbacks, and areas set aside
for nonrecreational public facilities are excluded.
A facility for the composting of the organic matter.
The Fleetwood - Maidencreek - Richmond Joint Comprehensive
Plan adopted September 2011, as amended.
Agricultural operations where the animal density exceeds
two animal equivalent units per acre on an annualized basis; provided,
however, that if the Pennsylvania Department of Agriculture, Pennsylvania
Department of Environmental Protection, or other state or federal
agency revises the definition of "concentrated animal operation,"
then this term shall be interpreted in accordance with the regulations
of the Pennsylvania Department of Agriculture, Pennsylvania Department
of Environmental Protection, or other state or federal agency.
A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Township Supervisors after recommendations by the Planning Commission, in accordance with § 220-111 of this chapter.
A form of property ownership providing for individual ownership
of a specific dwelling unit, or other space not necessarily on ground
level, together with an undivided interest in the land or other parts
of the structure in common with other owners.
A building or group of buildings intended to provide food
and shelter for adults ages 65 and older, as well as persons younger
than 65 suffering a permanent mental and/or physical disability who
can no longer safely and comfortably live independently. Persons rehabilitating
from a drug and/or alcohol addiction are specifically excluded from
living in this facility. The facility may provide social activities,
security, and non-health-related services such as meals, housekeeping
services and transportation to its residents.
A plan including a map(s) and narrative that, at the very
least, outlines an erosion and sedimentation control plan for an identified
parcel of land.
Earthmoving activities normally associated with the preparation
of a tract for the erection of a structure or structures or with landscaping
or road-building activities. Also, the actual process of erecting
such structure(s) or installation of landscaping or roads. For the
purposes of this chapter, earthmoving activity associated with soil
percolation testing for subsurface sewage disposal or with the digging
of a well or test pit is excluded from this definition.
A type of retail commercial activity characterized by, but
not necessarily limited to, the sale of prepackaged foods, sundries,
and prepared food for consumption off the premises. The sale of gasoline
and other petroleum products are permitted as an accessory use to
a convenience store only where such sales are specifically permitted
by the zoning district wherein the convenience store is located.
A type of single-access street which intersects no more than
one other street at one and only one point and terminates in a permanent
vehicular turnaround area.
An amendment borne of a legal challenge to the facial validity of this chapter. The process for municipal response to a curative amendment is defined by the Pennsylvania Municipalities Planning Code and described in § 220-116C of this chapter. Note that the curative amendment process may be initiated by the Township if it should discern that some portion of this chapter is susceptible to legal challenge on the basis of facial invalidity.
A depression of curbing such that the top of the curb is
more or less level with the adjacent cartway, thereby accommodating
vehicular movement from the cartway across the curb.
The offering of care or supervision over minors or special
needs adults, in lieu of care or supervision by family members. This
definition does not include the offering of overnight accommodations.
DAY-CARE, COMMERCIALA day-care facility that is a primary use and is licensed by the Commonwealth of Pennsylvania.
DAY-CARE, FAMILYA day-care facility that is operated as an accessory use to a single-family dwelling, that is registered by the Commonwealth of Pennsylvania, and offers care and supervision to no more than six persons per caregiver during any calendar day.
An expression of the intensity of development of a given
project in dwelling units per acre which is calculated by dividing
the total number of dwelling units proposed by the total lot area
of the tract to be included in the development.
Same as "density, gross."
The number of dwelling units proposed or constructed upon
any specific acre of land, expressed in units per net acre. In calculating
the net acreage, the following are to be excluded from the total tract
acreage: areas within existing or designated ultimate street rights-of-ways;
areas within the FEMA one-hundred-year floodplain; areas designated
as wetlands; areas within easements dedicated for public utilities;
and areas in which the topographic features exceed 25% in slope.
The Pennsylvania Department of Environmental Protection.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the erection of buildings or other structures,
the subdivision of land, the placement of mobile homes, the creation
of streets or other paved areas, the installation of utilities, filling,
grading, excavation, mining, dredging, or drilling operations.
Off-site sewage disposal, either privately or publicly owned.
The treatment and disposal of sewage by use of a sanitary
sewer system, including a sewage treatment plant approved by the Maidencreek
Township Sewage Enforcement Officer and the Pennsylvania Department
of Environmental Protection, and serving a number of dwellings, businesses,
and/or institutions. Typically, but not necessarily, sewage is treated
at a location other than the site(s) which generated the sewage.
The disposal of sewage by use of cesspools (not permitted
for new systems), septic tanks and drainage fields, or other safe
and healthful means within the confines of the lot on which the use
is located as approved by the Maidencreek Township Sewage Enforcement
Officer.
Off-site sewage disposal wherein the facilities are owned
by the public sector, typically the Township or a municipal authority
created by the Township.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
The noncommercial keeping of non-farm animals, that are locally
available for purchase as pets, as an accessory use to a primary residential
use.
Motor-driven equipment typically used for the care and maintenance
of a dwelling; also, the noncommercial use of woodworking and metal
working equipment.
A type of commercial activity where customers are served
or waited upon while in their vehicles.
A type of commercial activity where customers are served
while in their vehicles via a drive-up window. Examples of drive-through
services include but are not limited to pharmacy, bank, fast food
restaurant, and post office.
An improved surface designed and constructed to provide vehicular
movement between a public road and a tract of land serving one single-family
dwelling unit or a farm.
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including
hospitals, hotels, boarding, rooming and lodging houses, institutional
houses, tourist courts and the like, offering overnight accommodations
for guests or patients.
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to a permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Some modular homes can be considered single-family detached dwellings, so long as they comply with the general requirements of a dwelling. (Figure 1)
 |
DUPLEX (TWO-FAMILY; SINGLE-FAMILY SEMIDETACHED)A freestanding building containing two dwelling units for two families, arranged in a side-by-side (Figure 2) or over-and-under (Figure 3) configuration. A single-family detached dwelling containing an accessory apartment shall not be deemed a two-family dwelling.
 |
MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units. (Figure 4)
 |
TOWNHOUSEA building containing between three and six dwelling units, arranged in a side-by-side configuration with one or more common party walls and each unit having its own separate entrance from the outside. (Figure 5).
 |
A building, or portion thereof, arranged or designed for
occupancy by not more than one family, and having separate cooking
and sanitary facilities.
Any construction or other activity which disturbs the surface
of the land, including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth.
An interest in land owned by another that entitles the holder
to a specific limited use or enjoyment.
A commercial activity, the principal purpose of which is
the remunerated furnishing or serving of food and beverages for consumption
on the premises. This definition includes restaurants and any other
activity which may include a restaurant-type facility, such as hotels,
country clubs, and social clubs, regardless of whether such activity
is open to the general public.
A condition that (1) constitutes a clear and immediate danger
to the health, welfare or safety of the public, or (2) has caused
or is likely to cause facilities in the right-of-way to be unusable
and result in loss of the service provided.
Actual or simulated genital, anal, or oral intercourse; sadomasochism;
pedophilia; bestiality; or masturbation.
Includes, but is not limited to, the following:
[Added 11-14-2019 by Ord. No. 250]
A single ground- or building-mounted receive-only radio or television
antenna including any mast, for the sole use of the tenant occupying
the residential parcel on which the radio or television antenna is
located, with an antenna height not exceeding 25 feet.
A ground- or building-mounted citizens band radio antenna, including
any mast, if the height (post and antenna) does not exceed 35 feet.
A ground-, building- or tower-mounted antenna operated by a
federally licensed amateur radio operator as part of the Amateur Radio
Service, if the height (post and antenna) does not exceed 35 feet.
A ground- or building-mounted receive-only radio or television
satellite dish antenna which does not exceed 36 inches in diameter,
for the sole use of the resident occupying a residential parcel on
which the satellite dish is located, provided the height of said dish
does not exceed the height of the ridgeline of the primary structure
on said parcel.
Mobile services providing public information coverage of news
events of a temporary nature.
Handheld devices such as cell phones, business-band mobile radios,
walkie-talkies, cordless telephones, garage door openers and similar
personal use devices.
Government-owned and -operated receive and/or transmit telemetry
station antennas for supervisory control and data acquisition (SCADA)
systems for water, flood alert, traffic control devices and signals,
stormwater, pump stations and/or irrigation systems, with heights
not exceeding 35 feet.
Township-owned and -operated antennas used for emergency response
services, public utilities, operations and maintenance if the height
does not exceed 70 feet.
Telecommunication facilities, including multiple antennas located
on an industrial parcel and utilized for the sole use and purpose
of communications between employees/vehicles of said company in the
course of business.
An exotic animal is a rare or unusual animal which has not
been domesticated, retaining its wild, carnivorous and or predatory
nature making it unsuitable as a household pet. Examples of such animals
include but are not limited to: alligators, amphibians, foxes, bears,
wolves, skunks, degus, civets, genets, kinkajous, raccoons, chinchillas,
hedgehogs, wallaroos, lions, tigers, bobcats, leopards, cheetahs,
jaguars, cougars, servals, ocelots, hyenas, venomous or constricting
snakes, and non-human primates.
The mining or quarrying of sand, clay, shale, gravel, topsoil,
stone, ore, or minerals; also, similar operations such as the removal
of materials for fill operations.
The front surface of a building, usually visible from the
public street upon which the lot has frontage; that surface through
which the main building entrance provides access. The facade is typically,
but not necessarily, more or less parallel to the front lot line.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, foster relationship, adoption, or marriage, do not constitute
the functional equivalent of a traditional family. In determining
the functional equivalent of a traditional family, the following criteria
shall be present:
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is not transient or temporary in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A building or structure used for agricultural purposes.
A parcel of land used for agricultural activities.
A structure for the display and sale of farm products.
A retail sales use where more than one vendor displays and
sells general merchandise that is new or used. Farmers and/or flea
markets can include indoor and outdoor display of merchandise.
Recent Federal Communication Commission Rules effective April
8, 2015, which regulate both traditional telecommunication towers
as well as distributed antenna systems and other small cells. Applicable
rules reflected in the requirements relate to FCC Rules 47 U.S.C.
§ 1455(a) [also known as § 6409(a) of the Middle
Class Tax Relief and Job Creation Act of 2012] and 47 U.S.C. § 332(c)(7).
A confined area or structure, pen, or corral, used to fatten
livestock prior to final shipment.
The act of cutting a standing tree so that it falls to the
ground.
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land, including, but not limited
to, levees, bulkheads, dikes, jetties, embankments, and causeways.
A bank, savings and loan association, credit union, finance
or loan company, etc.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overland flow of watercourses,
or from the unusual and rapid accumulation or runoff of surface waters
from any source.
The projected heights, in relation to the National Geodetic
Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes
and frequencies in the floodplain areas.
The flood which has reached the highest flood elevation above
mean sea level at a particular location.
An area of land adjacent to the channel of a watercourse
which has been, or is likely to be, flooded, or any area subject to
the unusual and rapid accumulation or runoff of surface waters from
any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to property, structures and their contents.
The channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the base flood elevation more than one foot.
Same as "gross floor area."
The management of forest and timberlands when practiced in
accordance with accepted silviculture principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors
and employees thereof.
A group of people formally organized for a common interest,
usually cultural, religious, or entertainment, with regular meetings
and formal written membership requirements.
That portion of a block or lot, as the context may imply,
which abuts a public street or a private street built to or in excess
of public street standards.
A use which prepares the remains of deceased humans for burial
and cremation. This use may also conduct funeral services.
An area of land set aside for the protection of wild birds
or animals for the purposes of conservation, tourism or hunting.
A building used for the storage of vehicles. As used in this
chapter, this term excludes vehicle repair and maintenance services
as well as the sale of gasoline and other petroleum products.
An accessory building for the storage of one or more motor
vehicles and/or other vehicles accessory and incidental to the primary
use of the premises; provided, however, that one commercial vehicle
of not more than three-quarter-ton capacity may be stored therein
where the use of such vehicle is not incidental to the use of the
premises. No business, occupation or service shall be conducted therein,
other than provided for under a home occupation, nor shall space therein
for more than one vehicle be leased to a nonoccupant of the premises.
The mean finished ground elevation adjoining a structure.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of plants. Greenhouses
are further defined as follows:
GREENHOUSE, CULTIVATIONA greenhouse used for the cultivation and growth of houseplants, flowers, shrubs, vegetables, plants and the like, for the purpose of further cultivation in the soil located onsite, or for wholesale distribution.
GREENHOUSE, GARDEN CENTERA greenhouse and associated buildings used for the buying and reselling of plants, trees, mulch, landscaping products and the like.
The floor space within a building measured from the exterior
faces of the exterior walls or from the center line of the party wall(s)
separating buildings.
The calculation of gross floor area shall include:
All spaces, including basements but excluding cellars, with
structural headroom equal to or greater than 90 inches;
Interior balconies and mezzanines;
Enclosed or roofed porches or terraces or other roofed spaces;
Attic space (with or without a finished floor), provided that
there is structural headroom of 90 inches or more over 50% of such
attic space; and
Garages which are attached to the principal building.
A place for residential occupancy by six or fewer individuals
(including live-in counselors) who live together as a single housekeeping
unit in a long-term, family-like environment and who are given social,
physical, alcohol or drug treatment and mental support and/or training.
The term "group home" shall not include convalescent home, nursing
home, work release facility for convicts or ex-convicts, or other
housing facility serving as an alternative to incarceration.
Materials which have the potential to damage health or impair
safety. Hazardous materials include, but are not limited to, inorganic
mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous,
selenium, and arsenic and their common salts; lead, nickel, and mercury
and their inorganic salts or metallo-organic derivatives; coal tar
acids, such as phenols and cresols, and their salts; petroleum products;
and radioactive materials. Also included are floatable materials with
the potential to cause physical damage, such as logs; storage tanks
and large containers.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution facility and other discarded material including solid, liquid,
semi-solid, or contained gaseous material resulting from municipal,
commercial, industrial, institutional, mining, or agricultural operations,
and from community activities, or any combination of the above, which,
because of its quantity, concentration, or physical, chemical, or
infectious characteristics may, cause or significantly contribute
to an increase in mortality or an increase in morbidity in either
an individual or the total population; or pose a substantial present
or potential hazard to human health or the environment when improperly
treated, stored, transported, exposed of, or otherwise managed.
Any structure, group of structures, aboveground or underground
storage tanks, or any other area or buildings used for the purpose
of permanently housing or temporarily holding hazardous waste, or
for the storage or treatment of hazardous waste, for any time span,
other than the normal transportation time through the Township.
An establishment that offers active recreational and/or fitness
activities. Such activities are provided only to club members and
their guests. Such facilities do not include golf courses or adult-related
uses, as defined herein.
Vehicles and machinery that are not normally associated with
domestic use (e.g., excavation equipment, commercial trucks and trailers,
buses, yachts, farm equipment, mechanized amusement rides, industrial
machinery, and other similar items).
A structure's vertical measurement from the mean level
of the ground abutting the structure to the highest point of the structure.
An area, either at ground level or elevated on a structure,
for the loading, landing, and takeoff of helicopters.
A lawful occupation carried on or within the boundary of a lot on which at least one of the owners of the business resides. The home business may be conducted within the dwelling and/or another structure located on the property but shall be clearly incidental and secondary to the property for residential purposes. A home business allows activities within the dwelling or in an accessory building, and is intended to allow occupational and business activities of a slightly greater intensity than a home occupation. Home business activities are subject to § 220-66A of this chapter.
A professional activity for gain by a resident that is conducted as an accessory use to the residents principal, single-family dwelling unit, other than a home business or a no-impact home-based business. Home occupations are subject to § 220-66B of this chapter.
An institution, licensed by the American Hospital Association,
providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury,
deformity, and other abnormal physical or mental conditions and including,
as an integral part of the institution, related facilities, such as
laboratories, outpatient facilities, training facilities, medical
offices, and staff residences.
A building which provides lodging to boarders for compensation,
excluding adult-related uses, as defined herein, which contains more
than eight rooms, with less than 25% of all rooms having direct access
to the outside without the necessity of passing through the main lobby
of the building, and may provide meals and other services as a part
of the compensation.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub to which the blade is attached.
Ground cover which prevents the absorption of water by the
underlying soil.
The percentage of the lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces,
and similar surfaces which do not normally absorb rainfall. Any surface
areas designed to be gravel or crushed stone shall be assumed to be
impervious surfaces.
An accessory dwelling unit for a maximum of two family members.
A facility designed to reduce municipal solid waste by combustion.
This use may or may not include heat exchange equipment for energy
recovery.
A tract of land that is planned, developed, and operated
as an integrated facility for a number of individual industrial uses,
with consideration to transportation facilities (rail and highway),
circulation, parking, utility needs, aesthetics, and compatibility
with adjoining uses.
A commercial facility for the housing and feeding of transients
containing less than eight rooms.
Any on-site vehicular movement lane(s) that are associated
with a use other than a single-family dwelling.
Used materials, discarded materials, or both, including,
but not limited to, waste paper, rags, metal, building materials,
house furnishings and appliances, machinery, vehicles or parts hereof,
all of which are being stored awaiting potential reuse or ultimate
disposal.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including, but not limited to, waste paper, rags, metal,
building materials, house furnishings and appliances, machinery, vehicles,
or parts thereof, with or without the dismantling, processing, salvage,
sale, or other use of disposition of the same. The deposit or storage
on a lot of one or more licensed, wrecked, or disabled vehicles, or
the major part thereof, shall be deemed to constitute a "junkyard."
(A "vehicle" is a vehicle intended to be self-propelled that shall
not be operable under its own power for any reason, or a vehicle that
does not have a valid current registration plate, or that has a certificate
of inspection which is more than 60 days beyond the expiration date).
A commercial establishment in which dogs or domesticated
animals are housed, groomed, bred, boarded, trained, or sold, all
for a fee or compensation.
An establishment, structure or lot, on or in which dogs,
cats or domestic pets are kept for private purposes.
Any one of the following activities.
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
form of tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
The following activities are excluded from this definition:
The conversion of a single-family detached dwelling or a single-family
semidetached dwelling into not more than three residential units,
unless such units are to be condominium units; and
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
A landfill wherein engineering principles are utilized to
bury deposits of solid waste without creating public health or safety
hazards, nuisances, pollution, or environmental degradation.
The place where logs, pulpwood or firewood are assembled
for transport to processing facilities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this chapter.
A completely planted visual barrier composed of evergreen
shrubs and trees arranged to form both a low-level and a high-level
screen between grade and a height of six feet.
Discarded materials scattered about a site that are not normally
associated with its use.
A written report presenting the responsible parties for,
and the methods, timing and frequency of efforts to recover and properly
dispose of litter upon a property.
An off-street space or area suitable for the loading or unloading
of goods and having direct usable access to a street or alley.
A place where members of a local chapter of an association,
a club, or a fraternal, cultural, or religious organization hold their
meetings; a building or group of buildings along with permitted accessory
uses held under single management.
The process of cutting tree tops and slash into smaller pieces
to allow materials to settle close to the ground.
A designated tract or parcel of land, established by plat
or otherwise as permitted by law and to be used, developed, or built
upon as a unit. The term "lot" shall include the terms "parcel," "plot,"
"site," and all similar terms.
LOT, CORNERA lot at the point of intersection of and abutting two or more intersecting streets, and which has an interior angle of less than 135° at the intersection of the two street lines. Corner lots shall have two front yards, one side and one rear yard.
LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone, but that does have sufficient lot width away from the lot's frontage.
LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.
LOT, THROUGHAn interior lot having frontage of two parallel or approximately parallel streets.
 |
For the purpose of determining compliance with minimum lot
area requirements specified by this chapter and for all other instances
where the term "lot area" or "lot size" is used without a preceding
modifier, the "lot area" shall be the total area of land and surface
waters contained within the legal limits of the property lines of
a lot, excluding lands within public rights-of-way. The calculation
of lot area for a flag lot shall not include the lands occupied by
the access strip.
The horizontal distance measured between the street right-of-way
line and the closest rear property line. On corner and through lots,
the depth shall be measured from the street right-of-way of the street
of address to the directly opposite property line.
A line of record bounding a lot which divides a lot from
another lot, from a public or private street, or from any other public
or private space.
A line of record separating a lot from the dedicated right-of-way
of a public or private street.
The lot line or lines parallel to, or within 30° of being
parallel to, and most distant from the front lot line.
Any lot line which is not a front lot line or a rear lot
line, including all lot lines tangent to the front lot line.
The principal use of land and structures involving the loading
and unloading, storage and sales of lumber and millwork materials.
Telecommunication towers, poles or similar structures greater
than 50 feet in height, including accessory equipment such as transmitters,
repeat microwave dishes, horns, and other types of equipment for the
transmission or receipt of such signals, as well as support structures,
equipment buildings and parking areas.
[Added 11-14-2019 by Ord. No. 250]
An individual licensed by the State Board of Massage Therapy
to practice massage therapy.
The application of a system of structured touch, pressure,
movement, holding and treatment of the soft tissue manifestations
of the human body in which the primary intent is to enhance the health
and well-being of the client without limitation, except as provided
under Pa. Act 118 Massage Therapy Act of 2008.[2] The term includes the external application of water, heat,
cold, lubricants or other topical preparations, lymphatic techniques,
myofascial release techniques and the use of electromechanical devices
which mimic or enhance the action of the massage techniques. the term
does not include the diagnosis or treatment of impairment, illness,
disease or disability, a medical procedure, a chiropractic manipulation
- adjustment, physical therapy mobilizationm - manual therapy, therapeutic
exercise, electrical stimulation, ultrasound or prescription of medicines
for which a license to practice medicine, chiropractic, physical therapy,
occupational therapy, podiatry or other practice of the healing arts
is required.
A type of commercial service activity wherein the principal
source of income is derived from the practice of massage therapy by
a state-licensed massage therapist or individual meeting the criteria
of Section 13 of Pa. Act 118 defined as "other professional."[3] This definition shall not be construed to include a hospital,
nursing home, or medical clinic; the office of a physician, surgeon,
chiropractor, osteopath, or physical therapist duly licensed by the
Commonwealth of Pennsylvania; or barber shops or beauty salons in
which massages are administered only to the scalp, face, neck, and/or
shoulders.
The water surface elevations of a flood which would completely
fill the floodplain to the boundaries of the floodplain zone.
The average height of the sea for all stages of the tide,
using the National Geodetic Vertical Datum of 1929.
Marijuana for certified medical use as set forth under the
Medical Marijuana Act, Pennsylvania Act 16.[4]
The Medical Marijuana Act, Pennsylvania Act 16 as adopted
April 17, 2016.[5]
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 under
Pa. Act 16,[6] to dispense medical marijuana. The term does not include
a health care medical marijuana organization under the Medical Marijuana
Act, Pennsylvania Act 16.
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 under
Pa. Act 16, to grow and process medical marijuana. The term does not
include a health care medical marijuana organization under the Medical
Marijuana Act, Pennsylvania Act 16.[7]
A dispensary or a grower/processor as permitted under the
Medical Marijuana Act, Pennsylvania Act 16. The term does not include
a health care medical marijuana organization under Act 16.[8]
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to people on an outpatient basis. This use shall not include adult-related
uses, as defined herein.
A building and/or series of buildings divided into separate
storage units for personal property and/or property associated with
some business or other organization. These units shall be used solely
for dead storage, and no processing. Manufacturing, sales, research
and development, testing, service and repair, or other nonstorage
activities shall be permitted.
Area designed and used for the play of a variation on the
game of golf wherein the only club needed or used is a putter.
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 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. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 220-68 of this chapter. Mobile homes placed on individual lots shall be considered "dwellings" and be bound by the requirements there imposed. For the purposes of this chapter, any travel trailer, as defined herein, that is located and occupied on the same parcel for more than 60 days in any calendar year shall be considered a mobile home.
A parcel or contiguous parcels of land which has been so
designated or improved that it individually or they jointly contain
two or more mobile home lots for the placement thereon of mobile homes.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication facilities located within an existing equipment
compound, if the improvements, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A WCF 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.
A type of hotel wherein the rented units have direct access
to the outdoors arranged such that motel patrons have convenient access
to their vehicles.
A commercial use of land which may include any one or any combination
of the following activities:
The retail sale of gasoline and other petroleum products;
The care and maintenance of motor vehicles as a retail service,
including cosmetic detailing where no painting occurs;
Engine, drive train, and other mechanical repair as a retail
service;
The retail sale of parts and accessories for motor vehicles;
and
A convenience store.
Businesses (including agricultural uses) which own and maintain
fuel pumps for their own use and which do not sell the fuel from such
pumps to the general public are excluded from this definition.
Those uses and facilities designed to furnish necessary support
for the general public health, safety and welfare that are typically
the responsibility of local governments and other locally operated
service agencies, and are not operated on a commercial basis. Such
uses shall include, but not be limited to:
Municipal offices, meeting halls, garages and storage yards,
wells and waste water treatment facilities;
Police, fire and ambulance stations;
Indoor community service uses and activities, including meeting
rooms, classrooms, theaters, auditoriums, banquet and social halls,
scout cabins, libraries, museums and galleries of materials that are
not for sale, clubhouses, accessory cafeterias and kitchens, and other
similar uses;
Outdoor community service facilities and activities, including
fair grounds, community bulletin boards and other similar uses; and,
Uses accessory to the above permitted uses, including parking
and loading spaces, signs, offices, rest rooms, maintenance equipment
storage areas and buildings, aboveground fuel tanks, lights, waste
receptacles and dumpsters, bleachers, and other similar uses.
The unseparated and/or unprocessed combination of residential
and commercial solid waste materials generated in a community.
Naturally occurring characteristics of a tract, as may be
modified by man. Natural features include, but are not necessarily
limited to, topography, surface waters, rock outcroppings, geologic
characteristics, soil cover, ground cover, woodlands, and freestanding
trees. Natural features exclude buildings and paved areas.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
Any building used for on-site consumption of alcoholic or
nonalcoholic beverages where live entertainment is offered on a regular
basis. 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 dancing and
the on-site consumption of food. Additionally, nightclubs may offer
the retail sale of carryout beer and wine as an accessory use. This
term is meant to include an "under 21" club which features entertainment.
This use does not include adult-related uses as defined herein.
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. No-impact home based business activities are subject to § 220-66 of this chapter.
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.
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 nontower WCF including, but not limited to, antennae and
related equipment. Nontower WCFs shall not include support structures
for antennae or any related equipment that is mounted to the ground
or at ground level.
A property used for the cultivation and sale of trees and
shrubs.
Facilities design for the housing, boarding, and dining associated
with some level of nursing care.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuel, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or flood-prone area,
(1) which may impede, retard, or change the direction of the flow
of water either in itself or by catching or collecting debris carried
by such water, or (2) which is place where the flow of the water might
carry the same downstream, to the damage of life and property.
A place where the primary use is conducting the affairs of
a business, profession, service, or government, including administration,
recordkeeping, clerical work, and similar business functions. An office
shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair, or storage of materials, goods
or products; or the sale or delivery of any materials, goods, or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use.
A nonresidential structure which accommodates or is designed
to accommodate administrative, clerical, governmental, and professional
services and functions. Office buildings are distinguished from other
nonresidential buildings in that they do not accommodate retail sales,
assembly or manufacturing facilities, or laboratory facilities, except
as they may be incidental and accessory to one of the permitted services
or functions.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent annual chance flood").
The outer boundary of an area of land that is likely to be
flooded once every 100 years. A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the
United States Geological Survey, the Delaware River Basin Commission,
or a licensed surveyor or professional engineer registered by the
Commonwealth of Pennsylvania is necessary to define this boundary.
The water surface elevations of the one-hundred-year flood.
Any device, contrivance or apparatus or any part thereof
which is installed, affixed or situated outdoors for the primary purpose
of the combustion of fuel from which heat or energy is derived and
intended to be directed therefrom by conduit or other mechanism into
any interior space for the supply of heat or energy or for any other
purpose such as heating swimming pools, saunas, etc. An outdoor furnace
may also be referred to as an "outdoor wood furnace," "outdoor wood
boiler" or "outdoor wood-fired hydronic heater." Generators, the principal
purpose for which is to provide power during electric power outages,
are excluded from this definition.
An off-street area designed for the parking of motor vehicles,
including driveways, passageways, and maneuvering spaces appurtenant
thereto. Five or more parking spaces shall constitute a parking lot
for the purposes of this chapter.
A space for the temporary or permanent parking of a motor vehicle either in a garage or outdoors. If outdoors, such space shall have a dustless all-weather surface. Parking spaces shall meet all requirements of § 220-61 of this chapter.
Those facilities designed and used for recreation purposes
by the general public that are not operated on a commercial basis.
This definition is meant to include the widest range of recreational
activities, excluding adult-related uses, amusement arcades, amusement
or theme parks, golf courses, off-track betting parlors, racetracks,
and shooting ranges.
An individual, corporation, partnership, incorporator's
association, or any other similar entity.
A building or group of buildings in which food, shelter and
personal assistance or supervision are provided for adults ages 65
and older, as well as persons younger than 65 suffering a permanent
mental and/or physical disability who can no longer safely and comfortably
live independently. Persons rehabilitating from a drug and/or alcohol
addiction are specifically excluded from living in this facility (see
"group home"). The facility may provide assistance or supervision
in such matters as dressing, bathing, diet, and financial management.
A generation of wireless-phone technology that combines a
range of features and services surpassing those available in analog
and digital cellular phone systems, providing a user with an all-in-one
wireless phone, paging, messaging, and data service.
A commercial establishment primarily engaged in providing
services involving the care of a person or their personal goods or
apparel, such as dry cleaning, laundromats, linen supply, beauty shop,
barber shop, shoe repair, seamstress and tailor shop.
A commercial operation where space is rented or leased to
individuals usually storing household goods, or to small businesses,
usually storing excess inventory or archived records. The rented or
leased spaces, known as "units," "rooms" or "lockers," are usually
secured by the tenant's own lock and key. Also known as "self-storage"
or "mini-storage" facilities.
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing, or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds, or other
forms of plant or animal life.
Oil or petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as a sludge, as
oil refuse, or mixed with other wastes.
A building, structure, or a group of buildings or structures,
the principal use of which is to accommodate organized religious services
and associated accessory functions. This term includes, but is not
necessarily limited to, church, mosque, synagogue, and temple.
An area of land, controlled by a landowner, to be developed as a single entity either with a number of dwelling units or with a combination of residential and nonresidential uses. The development plan for a planned residential development may not necessarily correspond in lot size, bulk, type of dwelling(s), use(s), density, impervious surface, or required open space to the regulations for the zoning district wherein it is located. However, planned residential developments shall conform to the regulations set forth in § 220-71 of this chapter.
The Planning Commission of the Township of Maidencreek, Berks
County, Pennsylvania.
The creation of electrical power by the use of facilities
that encompass the following energy sources: solar; wind; geothermal;
biologically derived methane gas; fuel cells; demand site management;
distributed generation system and/or biomass energy.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand, but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, are too small or
are otherwise of limited marketability or value.
The property upon which the activity is conducted, as determined
by physical facts rather than property lines. It is the land occupied
by the buildings or other physical uses that are necessary or customarily
incidental to the activity, including such open spaces as are arranged
and designed to be used in connection with such buildings or uses.
The main or primary use of property or structures.
Owned, operated or controlled by a governmental agency (federal,
state, or local, including a corporation created by law for the performance
of certain specialized governmental functions, and the Board of Education).
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 on zoning-related matters.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the Sunshine Act.[9]
Shall be as defined in § 107 Definitions of the
Pennsylvania Municipalities Planning Code, Act 247, as amended.[10]
A municipal sanitary sewer or a comparable common or package
sanitary facility approved and permitted by the Pennsylvania Department
of Environmental Protection. Such systems are capable of serving multiple
users.
Use or extension thereof which is operated, owned or maintained
by a municipality or municipal authority or which is privately owned
and requires a certificate of convenience approved by the Pennsylvania
Public Utility Commission for the purpose of providing public sewage
disposal and/or treatment; public water supply, storage and/or treatment;
or for the purpose of providing the transmission of energy or telephone
service.
A municipal water supply system, or a comparable common water
facility, approved and permitted by the Pennsylvania Department of
Environmental Protection. Such systems are capable of serving multiple
users.
Any natural or artificially produced substance which emits
radiation spontaneously.
A commercial activity involving the collection, sorting,
storage, dismantling, salvage, or sale of used and discarded materials,
including, but not limited to, wastepaper, rags, scrap metal and machinery,
including vehicles. Scrap processing operations, automobile shredding
facilities, and facilities which accept any organic waste are excluded
from this definition.
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.
The replacement of existing wireless telecommunication facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
The process of obtaining materials or energy, particularly
from solid waste.
A facility or land that is used for any one or a combination
of the following or similar uses: composting, incineration, material
separation, recycling or trash transfer. A resource recovery facility
shall be owned and operated by the Township or municipal authority
by and on behalf of the Township.
Any business or establishment that serves prepared food primarily
on nondisposable tableware, but can provide for incidental carry-out
service so long as the area used for carry-out service does not exceed
either 10% of the total patron seating area or 200 square feet (whichever
is less). Caterers shall be included in this definition.
Any establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers. Such food
can be consumed either on or off the site.
A commercial use featuring the sale or rental of goods or
services to the general public. Such uses can include but not be limited
to the sale of such goods as antiques, appliances, auto parts, beverages,
books, carpeting, clothing, convenience stores, dry goods, flowers,
fast-food establishments, food, furniture, gasoline, hardware, household
supplies, lumber, jewelry, machinery, newspapers, office equipment,
paint, periodicals, pharmaceuticals, sporting goods, stationery, tobacco,
and service establishments such as tattoo and body piercing.
An establishment where horses are boarded and cared for and/or
where instruction in riding, jumping, or showing is offered and/or
the general public may, for a fee, hire horses for riding.
A corridor of publicly owned land for purposes of maintaining
primary vehicular and pedestrian access to abutting properties, including,
but not limited to, roads, streets, highways and sidewalks. Abutting
property owners are prohibited from encroaching across the right-of-way
line. (See also "street line.") The surface of and space above and
below any real property in the municipality in which the federal government,
commonwealth, municipality or municipal authority has a regulatory
interest, or interest as a trustee for the public, as such interests
now or thereafter exist, including, but not limited to, all streets,
highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges,
skyways, or any other public place, area or property under the control
of the federal government, commonwealth, municipality or municipal
authority, and any nonexclusive public or utility easements established,
dedicated, platted, improved or devoted for utility purposes. Private
rights-of-way and other government-owned lands not listed above shall
not be considered a right-of-way. The phrase "in the right(s)-of-way"
means in, on, over, along, above and/or under the right(s)-of-way.
A temporary or permanent structure, accessory to an agricultural
use (including special intensified agriculture), used for the display
and sale of items grown, created, or otherwise produced upon the agricultural
lot whereupon such structure is located.
The Subdivision and Land Development Ordinance of the Maidencreek
Township, as amended.[11]
A device used to transmit and/or receive radio or electromagnetic
waves between terrestrially and/or orbitally based uses. This definition
is meant to include, but not be limited to, what are commonly referred
to as satellite earth stations, TVROs, and satellite microwave antennas.
Satellite dish antenna shall not be located in the required front
yards.
A principal use comprised of a building or group of buildings
in which supervised education or instruction is offered according
to the following categories.
COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the public school district. Examples include, but are not limited to, ballet, karate, painting, photography, computer training, and dance schools.
PRIVATE SCHOOLA school that offers elementary, secondary, post-secondary, post-graduate, or any combination thereof, academic education that may, or may not, be operated as a gainful business.
PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary and adult education, and operated by the school district.
VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations: truck driving; engine repairs; building construction and general contracting; woodworking; masonry; plumbing; electrical contracting; and other similar trades.
A landscaped area designed to provide a visual and aural barrier either between abutting properties or between a property and an abutting street. Screen planting areas shall be maintained by the owner of the lot whereupon it is located such that it is of sufficient height and density to perform its function. Specific requirements are provided in § 220-64 of this chapter; a recommended list of species appropriate for screen plantings is provided in the appendix of this chapter.[12]
A dwelling unit that lacks one or more of the basic amenities
or utilities required for all-year or all-weather occupancy.
A business primarily engaged in providing assistance, as
opposed to products, to individuals, business, industry, government,
and other enterprises.
The required horizontal distance between a setback line and
property or street line.
SETBACK, FRONTThe distance between the street line and the front setback line, projected the full width of the lot. Commonly called "required front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line, projected the full width of the lot. Commonly called "required rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line, projected from the front yard to the rear yard. Commonly called "required side yard."
A line within a property and parallel to a property or street
line which delineates the required minimum distance between some particular
use of property and that property or street line.
A group of four or more establishments designed and constructed as an integrated unit, sharing common facilities for parking, loading, pedestrian circulation, and sanitary facilities. A roster of specific uses which may be included in a shopping center, as well as other regulations, are found in § 220-74 of this chapter.
Any structure, wall, other outdoor surface, or any device
or part thereof which displays or includes any letter, word, model,
banner, flag, pennant, insignia, device, or other representation used
for announcement, direction, or advertisement. The term "sign" includes
billboard. For the purposes of this chapter, the term "sign" shall
exclude the flag, pennant, or other insignia of any nation, state,
city, or other political unit as well as public traffic and directional
signs.
For towers other than towers in the public right-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
The dragging of felled trees on the ground from the stump
to the landing by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken uprooted trees
and shrubs.
All equipment required for the operation and maintenance
of so-called " small-cell" wireless communication facilities (WCFs)
that transmit and/or receive signals but are not "major communication
facilities" including antennas, microwave dishes, power supplies,
transformers, electronics, and other types of equipment required for
the transmission or receipt of such signals.
[Added 11-14-2019 by Ord. No. 250]
The latest published version of the United States Department
of Agriculture's Soil Survey for Berks County, Pennsylvania.
Includes solar collectors, storage facilities, and distribution
components, for space heating and cooling, and hot water heating.
A solar sky easement is a legal instrument which may be in
the form of an easement, covenant or other property interest in any
deed or other property instrument executed by or with the landowners
permission, on behalf of any landowner, that protects the solar sky
space of a proposed solar energy collector at a described location
by forbidding an activity, including placement of objects, live or
otherwise, that would interfere with solar access.
Garbage, refuse and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials, as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.
A site on which engineering principles are utilized to bury
deposits of solid waste without creating public health or safety hazards,
nuisances, pollution, or environmental degradation.
A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and are to be decided by the Zoning Hearing Board, in accordance with § 220-118G of this chapter.
Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, female breasts below a point immediately
above the top of areola, and/or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
For the purposes of this chapter, this term shall include
any of the following:
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context
of a sexual relationship, and any of the following depicted sexually
oriented act or conduct: anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerisn,
sapphism, zooerasty; or
Clearly depicted human genitals in a state of sexual stimulation;
arousal or tumescence; or
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation; or
Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
Masochism, erotic or sexually oriented torture, beating, or
the infliction of pain; or
Erotic or lewd touching, fondling or other contact with an animal
by a human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation.
Any area of forest vegetation whose site conditions, past
history and current species composition are sufficiently uniform to
be managed as a unit.
Camouflaging methods applied to wireless communication 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, or light poles.
That portion of a building between a floor surface and the
floor surface next above it or, if there is no floor surface above,
the ceiling next above it. See "attic," "basement," and "cellar" for
further information concerning calculation of stories.
Any natural or man-made channel of conveyance of surface
water with an annual or intermittent flow within a defined bed and
bank.
Lands immediately adjacent to a river or stream, including
the banks, floodplain areas, and areas characterized by riverine flora
or fauna or which feature alluvial soils.
A public (dedicated) or private (undedicated) right-of-way
intended for use as a means of vehicular and pedestrian circulation.
This term includes avenue, boulevard, highway, lane, road, thoroughfare,
alley, parkway, viaduct, and similar terms.
The horizontal line paralleling the street that bisects the
street right-of-way into two equal widths. In those instances where
the street right-of-way cannot be determined, the street centerline
shall correspond to the center of the cartway.
The length of the cartway edge which lies within a given
property; or, where a property line is coincident with a street right-of-way
line, the length of such coincidence.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence.
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and occupied by or intended
to be occupied by a public street.
Any man-made object, including buildings, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land. Structures shall not include such things as fences, sandboxes,
decorative fountains, swing sets, birdhouses, mailboxes, and any other
similar nonpermanent improvements.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
STRUCTURE, PRINCIPALA structure associated with a primary use.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the fair market value of
the structure either (1) before the improvement or repair is started,
or (2) if the structure has been damaged, and is being restored, before
the damage occurred. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the structure commences,
whether or not that alteration affects the external dimensions of
the structure.
A modification to the physical dimensions of a tower or base
station, as measured from the dimensions of the tower or base station
inclusive of any modifications approved prior to the passage of the
Spectrum Act (effective February 22, 2012),[13] if it meets any of the following criteria:
For towers outside of public right-of-way, it increases the
height by more than 20 feet or 10%, whichever is greater; for those
towers in the right-of-way and for all base stations, it increases
the height of the tower or base station by more than 10% or 10 feet,
whichever is greater;
For towers outside of public rights-of-way, it protrudes from
the edge of the tower more than 20 feet, or more than the width of
the tower structure at the level of the appurtenance, whichever is
greater; for those towers in the rights-of-way and for all base stations,
it protrudes from the edge of the structure 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 or deployment outside the current
site of the tower or base station;
It would defeat the existing concealment elements of the tower
or base station; or
It does not comply with conditions associated with the prior
approval of the tower or base station unless the noncompliance is
due to an increase in height, increase in width, addition of cabinets,
or new excavation that does not exceed the corresponding "substantial
change" thresholds.
A challenge to the validity of this chapter addressing the
creation and definition of rights and laws created hereby, not involving
the application of such rights and laws to any specific tract within
the Township, but as generally applied to all tracts within the Township
or within a zoning district of the Township.
Supervisor of Maidencreek Township.
Recreational land use wherein the principal facility is a
swimming pool. Swim clubs may be operated as a public or private facility,
with or without membership requirements. Food service may be provided
as an accessory use.
Any pool, not located within a completely enclosed building,
and containing, or normally capable of containing, water to a depth
at any point greater than 1Â 1/2 feet. Farm ponds and/or lakes
are not included, provided that swimming was not the primary purpose
for their construction.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food. Live entertainment
shall be permitted no more than twice per week and shall expressly
exclude adult-related uses, as defined herein.
A hard-surfaced area of ground contiguous to a dwelling designed
and used as an outdoor living area. If a terrace has neither a roof
nor a surrounding wall more than four feet tall, it may extend into
any required yard area up to a maximum depth of 50% of said required
area. Terraces may be unwalled, screened, or be surrounded by an opaque
wall not more than four feet in height. Where the terrace is roofed
or surrounded by an opaque wall more than four feet in height, such
area shall be deemed an extension of the dwelling and shall be regulated
as such, being subject to all setback requirements of the district
wherein it is located.
A building or part of a building devoted to either showing
motion pictures or for dramatic, dance, musical, or other live performances,
characterized by a stage and tiers of seats rising like steps, often
including a balcony for additional seating; an auditorium.
A legal method of applying pressure on, friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
of parts of the body with the hands or with the aid of any mechanical
or spa apparatus.
A forestry operation that involves cutting down of trees
and removing logs from the forest for the primary purpose of sale
of commercial processing into wood, wood-related or paper products.
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 WCFs.
A type of dwelling wherein each unit has front and rear access
to the outside, no unit is located over another unit, and each unit
is separated from adjacent units by one or more common, fire-resistant
walls.
The Township of Maidencreek, Berks County, Pennsylvania.
One or more contiguous lots assembled for the purpose of
development.
A facility where municipal solid waste is delivered for the
purpose of transferring the material into another container or vehicles
for transport to a final disposal site or processing facility. (A
transfer station may include the separation and collection of material
for the purpose of recycling).
A portable structure, primarily designed to provide temporary
living quarters for recreation, camping or travel purposes. Travel
trailers may be stored on a lot provided they are not located within
the required front yard and shall not be occupied for a maximum period
of greater than 72 hours. In addition to the above, any of the following
attributes are characteristic of a "travel trailer":
The unit is of such size or weight as not to require a special
highway movement permit from the Pennsylvania Department of Transportation
when self-propelled, or when hauled by a standard motor vehicle on
a highway;
The unit is mounted, or designed to be mounted, on wheels;
The unit is designed to be loaded onto, or affixed to, the bed
and/or chassis of a truck;
The unit contains, or was designed to contain, temporary storage
of water and sewage; and
The unit contains some identification by the manufacturer as
a travel trailer.
The upper portion of a felled tree that is not merchantable
because of small size taper or defect.
The conversion of an existing single-family detached dwelling
unit to contain two separate dwelling units.
A single use of a property or structure which is either the
sole use of that property or structure or is independent of other
uses within or upon the property or structure. Accessory uses, as
defined herein, are not units of use.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied, or maintained.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building, and located on the same lot with this principal use or building.
USE, PRINCIPALThe main or primary use of property or structures.
A permit issued by the Zoning Officer certifying a use's
compliance with information reflected on the building permit and this
chapter.
A use of land which the owner of such land is entitled to
enjoy by right of ownership. Such uses vary according to the zoning
district wherein the land is located.
A specific use of land which require the permission of the Zoning Hearing Board in accordance with § 220-118G of this chapter. Such uses vary according to the zoning district wherein the land is located.
A deviation from the strict interpretation of the terms of this chapter, granted by the Zoning Hearing Board in accordance with § 910.2 of the Pennsylvania Municipalities Planning Code and § 220-118F of this chapter. A variance shall be permitted only where the literal enforcement of this chapter would result in a hardship (other than a self-created hardship) to the landowner and where the granting of such variance will not adversely affect the character of the neighborhood or the health, safety, or welfare of the general public. Variances granted shall be the minimum required to give the relief desired.
A building used primarily for the treatment, by a veterinarian,
of small domestic animals, such as dogs, cats, rabbits, and birds
or fowl. No outdoor boarding of animals is permitted.
Source of potable water which is provided to more than one
user, wherein the source, treatment facilities, and means of transmission
are either publicly or privately owned.
A source of potable water which is located upon the same
lot as the user and supplies no other users.
A community water supply which is owned and operated by the
public sector, typically the Township or a municipal authority created
by the Township.
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake, or other body of surface water carrying
or holding surface water, whether natural or artificial.
All the land from which water drains into a particular watercourse.
Pennsylvania Wireless Broadband Collocation Act.[14]
Includes blades, hubs to which blades are attached, and any
device, such as a tower, used to support the hub and/or rotary blades,
etc.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. For the
purposes of definition and regulation, the Township hereby adopts
the delineation criteria established by the Wetlands Delineation Manual
(Publication TRY-87-1, most recent edition) of the United States Army
Corps of Engineers.
A commercial activity involving the sale of merchandise in
large quantities or in bulk to retailers or contractors, rather than
to consumers directly, including warehousing, loading and unloading,
and shipping of such merchandise.
An area of land set aside as a wildlife refuge for the protection
of wild birds or animals for the purposes of conservation.
A device consisting of one turbine and associated mechanism(s)
and supporting components, which is installed aboveground for the
purpose of generating electrical energy. Turbine types may include,
but are not limited to, wind-driven turbines, horizontal-axis wind
turbines, vertical-axis wind turbines, and wind mills.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane at full extension
on the tower hub.
The blades, plus the hub to which the blades are attached,
that are used to capture wind for the purpose of energy conversion.
The wind rotor is mounted on a pole or tower or other suitable structure
along with other generating and electrical equipment for a wind turbine.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, wind rotor, tower and pad transformer, if any.
Transmission through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennae, nodes, control bases, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communication services.
A freestanding structure, such as a tower-based WCF or any
other support structure that could support the placement or installation
of a wireless communication facility if approved by the Township.
Land covered with trees, shrubs or bushes.
An area between the permitted structures and the property
lines.
That area which is open to the sky, paved or unpaved, extending
the full width of a lot along the front lot line(s) and lying between
any public street right-of-way and the nearest point of any building
on that lot. Where a lot has frontage upon more than one street, all
portions of said lot which are adjacent to any street shall be deemed
front yards. See also, "yard, minimum front."
That portion of the front yard between the front lot line(s)
and an imaginary line within the lot which is parallel to said lot
line(s) and is separated from that lot line(s) by a distance equal
to the minimum setback from street right-of-way stipulated for the
district within which the lot is located.
That portion of the rear yard between the rear lot line(s)
and an imaginary line within the lot which is parallel to said lot
line(s) and is separated from that lot line(s) by a distance equal
to the minimum rear yard stipulated for the district within which
the lot is located.
That portion of a side yard between the side lot line(s)
and an imaginary line within the lot which is parallel to said lot
line(s) and is separated from that lot line(s) by a distance equal
to the minimum side yard stipulated for the district within which
the lot is located.
That area which is open to the sky, paved or unpaved, extending
the full width of a lot along the rear lot line(s) and extending in
depth from the rear lot line to the nearest point of any building
on that lot. See also, "yard, minimum rear."
That area which is open to the sky, paved or unpaved, along
all side lot lines and extending in width from such side lot lines
to the nearest point of any building on that lot. See also, "yard,
minimum side."
The designation of specified districts, reserving them for
certain uses, together with limitations on lot size, heights of structures
and other stipulated requirements.
The Zoning Hearing Board of Maidencreek Township, Berks County,
Pennsylvania.
The individual duly appointed by the Board of Supervisors to enforce generally this chapter and specifically assigned the duties and powers described in § 220-108 of this chapter.
The Zoning Ordinance of Maidencreek Township, Berks County,
Pennsylvania.
A permit issued by the Zoning Officer in accordance with § 220-109 of this chapter, stating that some proposed activity is permitted by right, has been duly granted as a special exception by the Zoning Hearing Board, or has been duly granted all necessary variances by the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 63 P.S. § 627.1 et seq.
[3]
Editor's Note: See 63 P.S. § 627.2.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[6]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[7]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[8]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[9]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[10]
Editor's Note: See 53 P.S. § 10107.
[12]
Editor's Note: Said appendix is included as an attachment to this chapter.
[13]
Editor's Note: See P.L. No. 112-96, 126 Stat. 156 (2012).
[14]
Editor's Note: See 53 P.S. § 117.2.1 et seq.
