For the purpose of this chapter, the terms and words herein
shall be interpreted as follows, unless otherwise expressly stated:
A.
Words used in the present tense shall include the future.
B.
Words used in the plural shall include the singular.
C.
The words "person," "owner" or "developer" include a profit or nonprofit
corporation, company, partnership, association or individual.
D.
The words "used" or "occupied," as applied to any land, water or
building, shall include the words "intended, arranged or designed
to be used or occupied."
E.
The word "building" shall include the word "structure" and shall
be construed as if followed by the phrase "or part thereof."
F.
The word "lot" shall include a plot, parcel or tract of land and/or
water area.
G.
The word "street" shall include "highway" and "road."
H.
The words "shall" and "will" are always mandatory.
I.
The word "may" is permissive.
J.
Unless otherwise specified, all distances shall be measured horizontally.
For purposes of this chapter, the following words and terms shall have the meanings set forth below, unless otherwise expressly stated. Any terms or words not defined herein shall be interpreted consistent with the definitions and meanings referenced in § 22-202 of the Subdivision and Land Development Ordinance (Chapter 22).
An improved way to permit vehicular access to a building,
structure, land, or water area from the public or private street or
right-of-way.
A private drive providing pedestrian and vehicular access
between a public or private street and a parking compound on a single
lot. An access drive shall not include and shall not be considered
a driveway.
A detached, subordinate structure, the use of which is clearly
incidental to that of the principal structure or principal use of
the land and which is located on the same lot as occupied by the principal
structure or use.
A use on the same lot with, and of a nature customarily incidental
and subordinate to, the principal use.
Contiguous lots that share a common lot line or separated
only by a street or watercourse.
An application that has been submitted to the Township along
with all documents, exhibits, plans, and fees required by this chapter
and any other Township ordinances and has been declared by the Township
Zoning Officer as a completed application and therefore officially
received for review.
The science and art of farming, the work of cultivating the
soil, producing crops and livestock.
Any contrivance, except an empowered hang-glider or parachute,
used for manned ascent into or flight through the air. See 74 P.S.
§ 5102.
Any area of land or water which is used, or intended to be
used, for the landing and takeoff of aircraft and any appurtenant
areas which are used, or intended to be used, for airport buildings
on air navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon, including but not limited to the
Butler County and Zelienople Airports. See 74 P.S. § 5102.
As used herein, the term "airport" shall not include heliports. Public
and private airports are defined separately in this section.
The highest point of an airport's usable landing area measured
in feet from sea level. Butler County: 1,248 feet above mean sea level;
Zelienople: 901 feet above mean sea level.
Any area of land or water upon which a hazard to air navigation
(an airport hazard) might be established if not prevented as provided
by these regulations and 74 P.S. § 5101 et seq.
Any airport licensed by Pennsylvania as a private airport,
used primarily by the airport licensee, but available for use by others
upon specific invitation of the licensee.
Any publicly or privately owned airport licensed by Pennsylvania
as a public airport, which meets minimum safety standards and is open
for use to the general flying public as defined by 74 P.S. § 5102.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement, whether by extending on a side or by increasing
height, or the moving from one location or position to another.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
assigns and agents.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including, but not limited to, an application for a zoning use, zoning
occupancy and/or building permit, for the approval of a subdivision
plan or for the approval of a land development plan.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Part 15 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are identified in the Airport Overlay Zoning Map, attached to this chapter.
United States Army Corps of Engineers or any agency successor
thereto.
That portion of a building that is partly or completely below
ground or below the adjacent ground level of the lot.
The Board of Supervisors of Jackson Township, Butler County,
Pennsylvania.
An area that functions to visually separate site elements and land uses to ease the transitions between them through the use of screening within a yard or area as required by this Chapter and in accordance with Chapter 22, Subdivision and Land Development.
A front building setback line, at which construction of a
building facade is to occur on a lot such that the line coincides
with the location of the majority of the facade wall of a dwelling
unit with respect to townhouses and duplexes; and any portion of the
facade wall at the ground level when applied to single-family detached
and multifamily units.
Any structure occupied or intended for supporting or sheltering
any occupancy.
A "building setback line" to which provisions of this Chapter,
where expressly set forth, require a building to locate.
A line parallel to a lot line, defining the yard required
by this chapter.
The building setback line that is parallel to the front lot
line, located at a distance equal to the front yard required by this
chapter.
The building setback line that is parallel to the rear lot
line, located at a distance equal to the rear yard required by this
chapter.
The building setback line that is parallel to the side lot
line, located at a distance equal to the side yard required by this
chapter.
See "principal building."
A property, under single ownership, upon which two or more
campsites are located, established, or maintained for occupancy by
camping units as temporary living quarters for recreation, education
or vacation purposes.
Any commercially manufactured tent, trailer, cabin, lean-to
or recreational vehicle established or maintained and operated in
a campground as temporary living quarters for recreation, education
or vacation purposes.
Any plot of ground within a campground intended for exclusive
occupancy by a camping unit or units, under the control of a camper.
A private parking area for the storage of one or more vehicles
which may be covered by a roof supported by columns or posts and which
shall have no more than two walls. A carport is an accessory structure
or extension to a principal building and shall not extend into the
front yards.
That portion of the street right-of-way intended for vehicular
use. Width is determined from one edge of driving surface to the other
edge of driving surface and shall not include the stormwater gutter
or face of curb.
An area of unobstructed vision at the intersection of two
or more streets, access drives or alleys. The triangle shall be measured
100 feet from the intersection of the center line, unless otherwise
determined by the Township Engineer based on sound and accepted engineering
practices on a case-by-case basis.
Engaging in a business, enterprise, activity, or other undertaking
for profit.
A collector street, as defined by Chapter 22, Subdivision and Land Development, that provides direct vehicular access primarily to nonresidential principal uses.
A vehicle which is titled or registered to a company and
utilized for the business of that company, including but not limited
to fleet vehicles, company cars, or other vehicles used for business.
Construction equipment shall not be considered a commercial vehicle.
A private driveway utilized by two or more separate lots
or dwelling units for access to a public or private street.
A parcel or parcels of land, or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities,
unless specifically authorized by this Chapter.
A parking compound utilized by more than one principle use,
structure or dwelling on a single lot.
Any unmanned building, court or other enclosure containing
equipment or control devices for the operation of a communications
antenna.
The vertical distance measured from the ground level to the
highest point on a communications tower, including any communications
antenna mounted on the tower.
The Comprehensive Plan of Jackson Township, as adopted June
15, 2017, as may be amended by resolution of the Board of Supervisors
from time to time.
A use which is permitted in a particular zoning district
pursuant to the provisions of Article VI of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10601 et seq., as amended, and
may be suitable in certain locations only when express standards and
criteria are prescribed for such uses, as provided for in this chapter
and approved by the Board of Supervisors.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. The undivided interest in
the common elements must be vested in the unit owners or a homeowners'
association for the real estate to be a condominium.
A surface extending outward and upward from the periphery
of the horizontal surface of the airport runway approach at a slope
of 20 to 1 for a horizontal distance of 4,000 feet.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of a mobile home.
Machines which perform specific construction or demolition
functions under power, including, but not limited to, hoisting, excavating
and grading machines. The term "construction equipment" includes,
but is not limited to, vehicles used for construction such as excavators,
backhoes and cargo-moving equipment.
See "lot, corner."
The Butler County Planning Commission.
See "lot coverage."
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or the Pennsylvania Municipalities Planning
Code, Act 247, as amended, to do so, either by reason of the grant
of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
Butler County.
See "patio."
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
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; a subdivider.
Any man-made change to land or water areas, including, but
not limited to, buildings, structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or, in the case
of floodplain regulations, the storage of materials and equipment.
The provisions for development, including a planned residential
development, a land development, a plat of subdivision, all covenants
relating to use, location and bulk of buildings and other structures,
intensity of use or density of development, streets, ways and parking
facilities, common open space and public facilities. The phrase "provisions
of the development plan" shall mean the written and graphic materials
referred to in this definition. Where the provisions of this chapter
require the filing of a development plan, such a plan shall encompass
a proposed land development and/or development of property, which
in addition to a plat of subdivision (if required by the Township)
includes:
All covenants relating to the use of the land;
A topographic and boundary survey of the lot or parcel;
The proposed use, location and bulk of buildings and other structures;
The intensity of use or density of development;
Vegetation, drainage, floodways, wetlands and waterways, streets,
ways, roads and parking facilities; and
Pedestrian circulation routes, common open space and public
facilities.
The outside bark diameter at breast height, 4.5 feet (1.37
m) above the forest floor on the uphill side of the tree.
Vehicular access from streets, access drives, parking areas,
parking compounds, or driveways within plans, including land developments,
PRDs, or subdivisions, to the street or streets on which said plans
front. In cases where the plan fronts on and is served by one or more
private streets or access drives, "direct access" shall be defined
as the vehicular access from said private street or access drives
to the public street from which said private street or access drive(s)
extend.
An animal, such as a horse or dog, that has been tamed and
kept by humans as a work animal, food source, or pet, and specifically
a member of those species that have, through selective breeding, become
notably different from their wild ancestors.
A private drive providing access between a public or private street or access drive and a parking area for a single-family residential dwelling unit and/or a lot utilized for a single-family dwelling, which shall comply in all respects with this chapter, the Driveway and Street Access Ordinance (Chapter 21, Part 1), and any other chapter or Township ordinance regulating the placement and/or construction of driveways.
A building or portion thereof providing complete housekeeping
facilities for a single family and which includes exclusive sleeping,
cooking, eating and sanitation facilities. Buildings with more than
one set of cooking facilities are considered to contain multiple dwelling
units, unless the additional cooking facilities are clearly accessory,
such as an outdoor grill.
The date on which this chapter is duly adopted by the Township
or as specified in the ordinance adopting same.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
All statues enacted by the Commonwealth relating to the protection
of the environment or the protection of public health, safety and
welfare, that are administered and enforced by the Department of Environmental
Protection (DEP) or by another Commonwealth agency, including an independent
agency, and all federal statues relating to the protection of the
environment, to the extent those statutes regulate oil and gas operations.
Land area within steep slopes, jurisdictional wetlands, and
FEMA floodplains and floodways.
Includes built, constructed, reconstructed, moved upon, or
any physical operations on the land required for the building. Excavation,
fill, drainage and the like shall be considered part of the erection.
An increase in the area or use of a building, other structure
and/or land.
Federal Aviation Administration of the United States Department
of Transportation.
The wall of a building most nearly paralleling the adjoining
street or access drive, including all fixtures visible from the adjoining
street or access drive as well as the pitch of the roof and roof elements
oriented toward and visible from the adjoining street or access drive.
A line parallel to the front lot line, coincident with the
location of the majority of the facade wall of a dwelling unit with
respect to townhouses and duplexes, and any portion of the facade
wall at the ground level when applied to single-family detached and
multifamily units.
A change or variation in feature, treatment or style of the
facade of one dwelling in contrast with all adjoining units, applied
as follows:
Townhouses: a variation between the unit(s) directly adjoined
by a party wall.
Duplex: a variation between the duplex(es) immediately next
to the subject duplex on the same block.
Single-family detached: variation between portions of the dwelling's facade at a frequency as specified in Part 12 of this chapter.
Multifamily: variation between portions of the building's facade at a frequency as specified in Part 12 of this chapter.
The wall or walls forming the facade, including the extents of an attached porch and related elements, excepting those that are authorized to encroach into a building setback line as set forth in § 27-1503, Supplemental yard, lot and area requirements.
An individual, or two or more persons related by blood or marriage
or adoption, living together in a dwelling unit; or
A group of not more than three persons who need to be related
by blood or marriage or adoption, living together as a single housekeeping
unit in a dwelling unit and sharing common facilities as considered
reasonably appropriate for a family related by blood, marriage or
adoption; in either case, exclusive of usual servants; or
A group of not more than eight unrelated disabled persons living
together as a single housekeeping unit in a dwelling unit and sharing
common facilities as considered reasonably appropriate for a family
related by blood, marriage, or adoption. If appropriate, one staff
person may reside on the premises and will not be included in the
total number of occupants. Any additional staff shall be included
in the total number of occupants. A family shall not include an assisted
living facility, group home or group residential facility as defined
in this section.
The term "family" shall specifically exclude individuals residing
in halfway houses, homes licensed for juvenile offenders, or other
facilities, whether or not licensed by the state, where individuals
are incarcerated or otherwise required to reside pursuant to court
order under the supervision of paid staff and personnel.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
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 real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
The total area within, and/or adjacent to, a building or
structure utilized for the primary use or uses, including area used
for subordinate uses necessary to sustain the primary use.
The gross floor area of a building or buildings on a lot
expressed in square feet divided by the total square feet of said
lot.
The total square footage of all floors within the perimeter
of the exterior walls of a building, excluding unfinished basements.
The total of the floor areas of a building, measured from
the interior faces of walls, excluding stairwells and elevator shafts,
common hallways which are not leasable space, lobbies, restrooms,
storage (except in conjunction with warehouses and other industrial
uses) and equipment rooms, food preparation areas in a restaurant,
interior vehicle parking or loading areas and any other areas not
accessible to the general public.
Areas or stands of trees, the majority of which are greater
than 12 inches' caliper, covering an area greater than one acre; or
groves of mature trees without regard to minimum area, consisting
of at least 30 individual specimens.
See "yard, front."
The length of a lot line directly bordering and adjacent
to a street that is open to vehicular traffic.
An establishment in which legal betting activities, pari-mutuel wagering activities, gambling activities and the playing of games of chance or mixed chance and skill are conducted and/or permitted under the laws of the United States of America and the Commonwealth of Pennsylvania, including but not limited to any establishment, business and/or facility regulated and/or licensed by the Pennsylvania State Horse Racing Commission, the Pennsylvania State Harness Racing Commission, and the Pennsylvania Gaming Control Board under the Pennsylvania Race Horse Industry Reform Act, 4 P.S. § 325.101 et seq., as amended, and the Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S.A. § 1101 et seq., as amended. This definition shall include an off-track betting facility as defined herein. For purposes of this chapter, a gaming enterprise shall be considered a use not expressly listed as a permitted use, a conditional use, or a use by special exception in any zoning district and therefore subject to the requirements of § 27-1444.
Plants, nursery products and stock, potting soil, hardware,
power equipment and machinery, hoes, rakes, shovels and other garden
and farm variety tools and utensils.
That which exhibits consistency.
The slope expressed in a percent which indicates the rate
of change of elevation in feet per 100 feet.
The completed surfaces of lots, walks, streets, and roads
brought to grades as shown on official plans or designs relating thereto.
Excavation or fill or any combination thereof, including
conditions resulting from such activities.
The numerical value obtained by dividing the total number
of dwelling units in a development by the gross area of the tract
of land (in acres) within a development. This would include all nonresidential
land uses and private streets of the development, as well as rights-of-way
of dedicated streets, the result being the number of dwelling units
per gross acre of land.
A story which is entirely housed within a hip, gable, mansard,
or similar type of roof structure.
Any structure or object, natural or man-made, or use of land
that obstructs the airspace required for reasonable flight of aircraft
in landing or taking off at an airport.
A movable or transportable vehicle or other apparatus commonly
used in commercial, industrial, or construction enterprises, including
but not limited to trucks, trailers, farm machinery, bulldozers, cranes,
backhoes, rollers, loaders and lifts, having a gross weight of 2.5
tons or more.
Consists of trees of a deciduous nature with a minimum height
of six feet at planting and a caliper of 1 1/2 inches at planting
and trees of an evergreen nature with a minimum height of six feet
at planting, except ornamental trees. All measurements and plant quality
shall be consistent with the American Standards for Nursery Stock
published by the American Nursery & Landscape Association, Washington,
D.C., latest edition.
An unincorporated association or not-for-profit corporation
whose membership consists of the lot owners of a residential development.
A homeowners' association shall also include a condominium unit owners'
association. All such associations shall comply with the requirements
for unit owners' associations contained in the Pennsylvania Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which coincides with the perimeter of
the horizontal zone.
The horizontal zone is established by swinging arcs of 10,000
feet radii from the center of each end of the primary surface of each
runway and connecting the adjacent arcs by drawing lines tangent to
those arcs. The horizontal zone does not include the approach and
transitional zones.
A domesticated animal that is normally or can generally be
kept within the immediate living quarters of a residential structure.
Any member of the swine, sheep, poultry, bovine or equidae family
of quadrupeds, or reptiles having a venomous or constrictor nature,
does not constitute a household pet under any provision of this chapter.
A surface which resists the entrance or passing through of
water or other liquids and prevents the percolation of water into
the ground.
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, storm sewers, stormwater management facilities, grading, street
signs, plantings and other items for the welfare of the property owners
and/or the public.
The storage, warehousing, compounding, assembling, processing,
recycling, salvaging, packing, or treatment of raw materials or other
products.
A planned residential development as defined within this
chapter, all phases of which comprise a site area of 10 acres or less,
and which adjoins a lot or lots within a major subdivision, planned
residential development, or traditional neighborhood development bearing
three or more units per acre of site area.
Any discarded material, articles or things, including but
not limited to scrap, copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, iron, steel and other old or scrap ferrous
or nonferrous material; any wrecked, ruined, dismantled, abandoned,
non-operable, disabled or junked motor vehicles, or parts thereof,
or motor vehicles no longer used as such.
Any motor-driven vehicle, regardless of size, which is incapable
of being self-propelled or is unable to move under its own power upon
the public streets of the Township or is incapable of being utilized
for its intended purpose; also included in this definition is any
trailer, semitrailer or any other article which would be classified
as a vehicle and shall include any disabled, abandoned, non-operable,
nonregistered, wrecked, ruined or dismantled motor vehicle.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
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.
Development in accordance with Section 503(1.1) of the MPC,
53 P.S. § 10503(1.1), as amended.
As used in this definition, the term "improvement" shall include
but not be limited to:
Construction of a new principal building.
Construction of an addition to an existing building.
A change in the use of an existing building or lot resulting
in an increase in the area of the lot covered by a building and/or
an impervious surface.
Construction, reconstruction, and/or renovation of an existing
principal building, the cost of which is equal to or greater than
40% of the fair market value of the subject property as established
by the current Butler County property assessment records.
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.
A professional landscape architect licensed as such in the
Commonwealth of Pennsylvania.
Grass, ground cover, trees, shrubs, vines and other growing
horticultural material. In addition, the combination or design may
include other decorative surfacing such as wood chips, crushed stone,
or mulch materials not to exceed 20% of the total for any landscape
area. Structural features such as fountains, pools, statues, and benches
shall also be considered a part of landscaping, but such objects alone
shall not meet the requirements of landscaping.
An establishment or collection of establishments which is planned, developed, owned and managed as a unit related in its location and size, including independently owned and managed outparcels which are accessed solely through the access drive or drives serving the core of the center, which are limited to those principal uses defined as "small-scale retail or service" within § 27-1439 of this chapter and which include either multiple principal buildings or one or more buildings with greater than 8,000 square feet of gross floor area.
Measured in a straight line along the ground.
Domestic animals used or raised on a farm, whether for home
use or profit, including but not limited to cattle, horses, pigs,
sheep, chickens, and turkeys.
Horses, cattle, mules, sheep, goats, llamas, pigs and any
other animal, other than a dog, that weighs more than 100 pounds when
fully grown.
The total composite of all off-street structures and facilities
for a loading/unloading area, to include but not be limited to the
loading/unloading space(s), docking approach, access drive(s), and
all related accessory facilities.
A space not less than 14 feet wide and 65 feet long with
an overhead clearance of 14 feet six inches, plus an additional 30
feet in depth for a docking approach. This space may be inside, enclosed,
or outside of a structure and shall be used exclusively for the temporary
standing of a motorized vehicle while loading or unloading merchandise
or materials. This space shall be located off or beyond the public
or private right-of-way and shall have direct access to a public or
private street without the use of parking aisles. This space shall
be on the same lot with a use or structure of which the loading/unloading
space is being provided.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
The area contained within the property lines of the individual
parcels of land as shown on a survey or subdivision plan, not including
any area within a street right-of-way.
That portion or percentage of the plot or lot area covered
by the buildings and/or structures and including all impervious surfaces.
The average horizontal distance between the front and rear
lot lines.
Any boundary of a lot.
A lot line separating the lot from the street. For corner
lots, the front lot line abuts the street upon which the main entrance
of the structure is located. If a structure is angled and faces neither
street but the intersecting points of the streets, then the front
lot line will be determined by the location of the pedestrian access.
The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line. A lot
bounded by only three lot lines will not have a rear lot line.
Any lot line which is not a front lot line or rear lot line.
The mean horizontal distance across a lot between the side
lot lines as measured at the front building setback line, unless otherwise
stated.
A lot abutting upon two streets at their intersection.
A parcel accessed through a strip of land extending from
a right-of-way, either publicly maintained or otherwise improved to
municipal standards, wherein the strip of land bears less than the
minimum frontage required along the aforesaid right-of-way by no less
than 25 feet of said frontage.
Consists of shrubs and any other plant species that is greater
than two feet in height at planting and less than six feet in height
at planting. All measurements and plant quality shall be consistent
with the American Standards for Nursery Stock published by the American
Nursery and Landscape Association, Washington, D.C.
See "industrial or manufacturing."
The term "medical marijuana" shall be defined consistent
with the definition of "medical marijuana" contained in the Medical
Marijuana Act.
The Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101
et seq., as amended.
The term "medical marijuana dispensary" shall be defined
consistent with the definition of "dispensary" contained in the Medical
Marijuana Act.
A facility owned and operated by a private for-profit entity,
a private nonprofit entity or government agency or department where
the drug methadone or similar substances are prescribed and administered
for the treatment, maintenance or detoxification of persons. A methadone
treatment facility shall be considered a medical clinic, as defined
in this chapter.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
See definition contained in the Subdivision and Land Development Ordinance (Chapter 22).
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy, except for minor and incidental unpacking and assembly
operations, and constructed so that it may be used without a permanent
foundation.
A unit 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 (also known as "mobile home space").
The units per acre of the site area minus the environmentally
sensitive area on the site expressed in acres.
A body politic and corporate created pursuant to the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended and reenacted.
The North American Industrial Classification System, 2017,
as developed by the United States Census Bureau.
A fossil fuel consisting of a mixture of hydrocarbon gases,
primarily methane, and possibly including ethane, propane, butane,
pentane, carbon dioxide, oxygen, nitrogen, hydrogen sulfide, and other
gas species. The term includes natural gas from oil fields known as
non-associated gas, cola beds, shale beds and other formations. The
term does not include coal bed methane.
A lot which does not comply with the applicable area and
dimensional requirements of this chapter or an amendment hereinafter
enacted, which lawfully existed prior to the enactment of this chapter
or any subsequent amendment.
A structure, or part of a structure, manifestly not designed
to comply with the applicable minimum yard or other dimensional requirements
of this chapter or an amendment hereafter enacted, which lawfully
existed prior to the enactment of this chapter or any subsequent amendment.
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 of this chapter or amendment hereafter
enacted, which lawfully existed prior to the enactment of this chapter
or any subsequent amendment.
A social service, charitable or educational entity that holds
current tax-exempt status from the Internal Revenue Service, derives
more than 50% of its operating funds from charitable donations or
public donations and can demonstrate that such funds are used to achieve
the objects and purposes of the organization as stated in its Articles
of Incorporation as a tax-exempt organization.
Any use other than single-family or multifamily dwellings.
Also, an institutional use in which persons may reside, such as a
dormitory, prison, nursing home or hospital, shall be considered a
nonresidential use.
Completely without clothing; or with the human male or female
genitals, pubic area or buttocks with less than a full opaque covering;
or the showing of the female breasts with less than a fully opaque
covering of any portion thereof below the top of the nipple; or the
covered male genitals in discernibly turgid state.
A facility licensed by the Commonwealth of Pennsylvania for
the purpose of providing skilled or intermediate nursing care and
related medical or other health services.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or flood-prone area,
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 is placed where the flow of the water might carry the same
downstream to the damage of life and property.
A facility in which pari-mutuel wagering is conducted by
a licensed racing entity, other than the horse racetrack where live
racing is conducted, pursuant to the Pennsylvania Race Horse Industry
Reform Act, 4 P.S. § 325.101 et seq., as amended. For purposes
of this chapter, an off-track betting facility shall be considered
a gaming enterprise, as defined herein.
A development on a tract of land that contains a building
or buildings exceeding 8,000 square feet of gross floor area which
contain professional or business offices, medical offices, and accessory
and supporting uses, and open space designed, planned, constructed,
and managed on an integrated and coordinated site, provided that supporting
uses which may consist of banks, restaurants, day-care centers, personal
services, and retail sales and service do not exceed more than 25%
of the gross floor area within the park.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
An unoccupied space containing no buildings or structures
open to the sky on the same lot with the building.
Consists of trees of a deciduous nature with a minimum height
of six feet at planting and a caliper of 1 1/2 inches at planting
that will not ultimately exceed 25 feet in height. All measurements
and plant quality shall be consistent with the American Standards
for Nursery Stock published by the American Nursery & Landscape
Association, Washington, D.C., latest edition.
A zoning district that encompasses one or more underlying
zoning districts and that imposes additional requirements or provisions
above that required by the underlying zoning district.
The owner of record of a parcel of land.
An area on a lot utilized for the parking of vehicles as
an accessory use.
A parking area on a single lot containing any use other than
agricultural or one single-family detached dwelling for the parking
of three or more vehicles (see also "common parking compound") that
is served by an access drive or driveway.
The total composite of all off-street structures and facilities
for a parking area, to include but not be limited to parking spaces,
parking aisles, standby/stacking lanes, driveways, access drives,
and all related accessory facilities.
An off-street space available for the parking of a vehicle.
Occupancy of one space shall not restrict ingress or egress to another
space unless the subject parking spaces serve a residential use.
A fenced land area without other structures covered with
grass or similar vegetation used in the feeding or grazing of cattle,
horses, sheep and similar animals.
An uncovered or covered outdoor living area, in excess of
24 square feet in area, projecting from the front, side, or rear walls
of a building. These are considered part of the principal building
and shall not extend beyond the building setback line nor into the
front yard setbacks.
Unless otherwise specified, "person" shall mean both the
singular and plural, male or female, firm, business, partnership,
association, limited-liability company or corporation, or any other
legal entity.
Premises in which food, shelter and personal assistance or
supervision are provided for a period exceeding 24 consecutive hours
for more than three adults who are not relatives of the operator and
who require assistance or supervision in such matters as dressing,
bathing, diet or medication prescribed for self-administration but
who do not require hospitalization or care in a skilled nursing or
intermediate care facility, as defined in current state licensing
requirements.
The Jackson Township Planning Commission.
A map or plan, either preliminary or final, presented to
the Township for approval, indicating the subdivision, consolidation,
redivision of land or a land development.
A publicly owned area specifically designed for outdoor recreational
use by children. A playground shall also include a parcel of land
or portion thereof owned by a homeowners' association or condominium
association, as part of a Township-approved subdivision, land development
and/or planned residential development, specifically designed for
outdoor recreational use by children. A playground shall not include
a commercial recreation facility.
See "patio."
Any lot, parcel, or tract of land or body of water and any
building constructed thereon.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends
200 feet beyond each end of the runway.
A building or buildings in which is conducted the main or
principal use of the lot on which the building is located.
The main use of land or structures as distinguished from
a subordinate or accessory use.
Land reserved for use as a road, street or alley, crosswalk
or pedestrianway intended for use as access to only limited properties,
and not intended for use by the general public.
See "airport, public."
A place being a use, structure, or area being on land or
water for the temporary or occasional assembly of people.
A formal meeting held pursuant to public notice by the Board
of Supervisors, Planning Commission or Zoning Hearing Board intended
to inform and obtain public comment, prior to taking action in accordance
with the MPC and/or this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Land reserved by way of public ownership or dedication for
use as a road, street, alley, crosswalk, pedestrianway, or other public
purpose.
A municipal sanitary sewer system approved and permitted
by DEP and owned by the Township or a municipal authority.
A system providing distribution of water, gas, electric,
or telephone services, or the collection and disposal of wastewater,
such system operating as a municipal authority or under the rules
and regulations of the Pennsylvania Public Utility Commission. This
definition does not include any system or device used for the transmission
or reception of radio, television, wireless telephone, pager, commercial
mobile radio service or any other wireless communications signals.
A municipal water supply facility approved and permitted
by DEP and owned by the Township or a municipal authority or a water
supply facility owned by a public utility and operated in accordance
with a certificate of public convenience granted by the Pennsylvania
Public Utility Commission.
A course or facility where motor vehicles, including but
not limited to automobiles, trucks, go-carts, motorcycles, model airplanes
and similar vehicles, are driven and/or operated for recreation, testing
and/or competition; or any course or facility where animals are raced
for competition. For purposes of this chapter, a racetrack shall be
considered a use not expressly listed as a permitted use, a conditional
use, or a use by special exception in any zoning district and therefore
subject to the requirements of § 27-1542.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled, or driven and primarily designed as a temporary
living accommodation for recreational, camping, and travel use and
including, but not limited to, travel trailers, truck campers, camping
trailers, and self-propelled motor homes.
Visually screened areas for the collection of refuse not
to exceed 100 square feet in area and not used for the storage or
disposal of refuse materials beyond seven days.
The one-hundred-year-flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received, or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A group of commercial establishments which is planned, developed, owned and managed as a unit related in its location and size, including independently owned and managed outparcels which are accessed solely through the access drive or drives serving the core of the center, which includes at least 20,000 square feet exclusively of uses with a general use class of "Retail or Service" as per the Use Authorization Table in Part 27 of this chapter.
Land set aside for use as a street, alley or other means
of travel.
Same as "frontage."
Same as "frontage."
A permanent or temporary structure used for the display,
support and protection of products such as vegetables, fruits, poultry,
and dairy or other products grown, raised or created on the same property.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
The inner edge of this approach zone coincides with the width
of the primary surface and is 500 feet wide. The approach zone expands
outward uniformly to a width of 1,500 feet at a horizontal distance
of 5,000 feet from the primary surface. Its center line is the continuation
of the center line of the runway.
The inner edge of this approach zone coincides with the width
of the primary surface and is 500 feet wide. The approach zone expands
outward uniformly to a width of 3,500 feet at a horizontal distance
of 10,000 feet from the primary surface. Its center line is the continuation
of the center line of the runway.
A masonry wall, solid board fence with finished side toward
an adjacent use or a screen planting and/or earthen mounding used
to conceal from the view of the occupants of an adjoining use the
structures and uses on the premises on which the visual screen is
located.
Same as "building setback line."
Same as "adult-oriented business."
The length of street, measured along the center line, which
is continuously visible.
Any surface fabric, device or structure bearing lettered,
pictorial or sculptured matter intended, designed, or used to convey
information visually and exposed to public view, which directs attention
to an object, product, place, activity, person, institution, organization,
or business. The term "sign" does not apply to a flag, emblem or insignia
of a nation, political unit, school, or religious group.
ANIMATED SIGNA changeable copy sign which employs actual motion or the illusion of motion.
ARCADE SIGNA sign suspended beneath a ceiling of an arcade, a roof or marquee containing only the name of a business for the purpose of assisting pedestrian traffic traveling under the arcade, roof or marquee to identify the location of establishments within a shopping center or similar building.
CHANGEABLE COPY SIGNA sign with the capability of content change by means of manual or remote input, including signs which are:
AUTOMATICA changeable sign whose message copy or content can be changed by electrical or digital means on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. Electronic signs, animated signs and digital signs shall be considered changeable signs unless the changeable copy or content is limited to time and temperature.
MANUALA changeable sign whose message copy or content can be changed manually.
CONSTRUCTION SIGNA temporary sign announcing the name of contractors, mechanics or artisans engaged in performing work on the premises.
DEVELOPMENT SIGNA temporary sign erected during the period of construction and/or development of a property by the contractor and developer or their agent.
FLASHING SIGNAny illuminated sign or device in which the artificial light is not maintained stationary and/or constant in intensity and color at all times.
FREESTANDING SIGNA sign permanently affixed to the ground and not attached to any building or other structure, and erected and maintained on a freestanding frame, mast or pole.
MONUMENT SIGNA sign that is affixed to the ground by means of a permanent foundation other than a freestanding frame, mast or pole.
GROSS SIGN SURFACE AREAThe entire area within a single continuous perimeter enclosing the extreme limits of such sign.
IDENTIFICATION SIGNA sign used to identify only the name of the individual or organization occupying the premises, the profession of the occupant, the name of the building on which the sign is displayed, and the address of the property.
INDIRECTLY ILLUMINATED SIGNA sign which is lighted by means of lamps or lighting devices external to, and reflected on, the sign, which lighting is stationary and constant in intensity and color at all times and which is shielded so that the illumination is concentrated on the face of the sign and there is no spillover of illumination or glare beyond the face of the sign.
INTERNALLY ILLUMINATED SIGNA sign which is lighted by means of lamps or lighting devices internal to the sign, which lighting is either behind the face of the sign or is an integral part of the sign structure and the advertising effect.
OFF-PREMISES DIRECTIONAL SIGNA sign, other than a billboard, erected by a governmental agency or otherwise installed, owned and maintained by a private party within a public right-of-way, only when expressly authorized by this chapter, and which directs the public to an establishment, activity, person, product or service which is not sold, produced or available on the premises on which the sign is located.
POLITICAL SIGNA temporary sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue concerning which a public election is scheduled to be held.
REAL ESTATE SIGNA temporary sign advertising the sale or rental of a premises. The sign may also bear the words "sold," "sale pending" or "rented" across its face or attached.
RESIDENTIAL IDENTIFICATION SIGNA sign containing only the name and address of the occupant of the premises.
RESIDENTIAL PLAN IDENTIFICATION SIGNA permanent wall or freestanding ground sign containing only the name and address of a subdivision plan or a multifamily building or development.
ROOF SIGNA sign erected and maintained upon or above the roof of any building which projects no more than six feet above the roof.
SIGN FACEThe area or display surface, including the advertising surface and any framing, trim, or molding, used for the message on a single pane.
WALL SIGNA sign attached to and erected parallel to the face of an outside wall of a building, projecting outward no more than 12 inches from the wall of the building.
WINDOW DISPLAY SIGNA sign or group of signs affixed to the inside of a display window in a commercial establishment which advertises a product or service available on the premises or which announces or promotes a special sale or event.
The entire area within a single continuous perimeter enclosing
the extreme limits of a sign and in no case passing through or between
any adjacent elements of the same. However, such perimeter shall not
include a structural or framing element lying outside the limits of
such sign and not forming any part of the display.
For either a freestanding sign or monument sign, the area shall
be considered to include all lettering, wording and accompanying designs
and symbols, together with the entire background, whether open or
enclosed, on which they are displayed.
For a sign painted upon or applied to a building, the area shall
be considered, to include all lettering, wording and accompanying
designs and symbols, together with any background, and shall be the
smallest geometric shape that can be drawn to encompass all the lettering
and/or symbols.
For a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window, other than those signs described in Subsections A and B above, the area shall be considered to be that of the smallest common geometric shape that can be drawn to encompass all of the letters and symbols.
The site area expressed in square feet of a lot or lots of
which a portion or all of which is part of a subdivision, PRD, or
land development application, including all phases within an associated
preliminary or tentative approval and excluding street rights-of-way
existing at the time of application.
Any establishment as defined by and as regulated within § 27-1439 of this chapter.
An authorized use of a structure or land which may be granted
only by the Zoning Hearing Board after public hearing and in accordance
with express standards and criteria specified in this chapter.
A parcel bearing principal nonresidential uses, zoned CC, I, or Transitional Overlay, that lies outside of an office park or shopping center as authorized signage under Part 18 of this chapter.
Areas of existing topography where, in over a one-hundred-foot
horizontal distance, or where the difference in elevation is over
20 feet, the slope equals or exceeds 25% from the top to bottom of
the break in grade.
See "patio/deck/porch/stoop."
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it, or if there is no floor above it, then the space between
the floor and the ceiling next above it.
A strip of land, including the entire right-of-way, utilized as a means of vehicular and pedestrian travel for more than one lot or parking compound. "Street" includes an avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private; however, "street" shall not include a driveway, common driveway, or access drive as defined herein. The existing streets within Jackson Township have been identified in the Jackson Township Comprehensive Plan and classified as to function by official action of the Board of Supervisors. Streets within the Township shall be defined and classified in accordance with the definitions and classifications set forth in the Subdivision and Land Development Ordinance (Chapter 22).
Same as "frontage."
The dividing line between the street and the lot, also known
as the "right-of-way."
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots, also known as the "street
line" or "right-of-way line."
A street, or portion thereof, that is platted within and
as part of an approved and recorded subdivision and/or land development,
that provides frontage to lots within said subdivision and/or land
development.
A collector street, as otherwise defined in Chapter 22, Subdivision and Land Development, consisting of the following roads designated by this ordinance as collector streets intended to accommodate direct traffic from mid to high density residential plans as authorized by this Chapter, in a manner reasonably consistent with the Future Land Use Map of the Comprehensive Plan, and as set forth below:
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Fanker Road
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Gregg Drive, north of Little Creek Road
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Gudekunst Road
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Kaufman Road
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Mercer Road
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Metcalf Road
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Steeb Road
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Tollgate School Road
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Whitney Drive
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Wise Road
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Zehner School Road, Steeb Road to Ifft Road
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Zeigler Drive
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Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" includes buildings, communications towers, parking areas,
sidewalks and similar construction.
The vertical distance from the average elevation at finished
grade level to the highest point of the structure.
A developer.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Chapter 22, Subdivision and Land Development, of the Code of Jackson Township, Butler County, Pennsylvania, as amended.
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem, or any figure
or similar character together with any frame or other material or
color forming an integral part of the display or used to differentiate
the sign from the background against which it is placed, excluding
necessary supports or uprights upon which such sign is placed. For
signs utilizing individual letters or figures or characters mounted
directly on the wall or face of a structure, the gross surface area
shall be the entire area within a single continuous perimeter enclosing
the extreme limits of this sign.
Any reasonably permanent pool or open tank, not located within
a completely enclosed building, and containing or normally capable
of containing water to a depth at any point greater than 1 1/2
feet. Farm ponds and/or lakes are not included, provided that swimming
was not the primary purpose for their construction.
Jackson Township, Butler County, a Township of the Second
Class.
The Township Construction Standard Details as referenced by Chapter 22, Subdivision and Land Development, as may be amended by resolution of the Board of Supervisors from time to time.
The professional engineer licensed as such in the Commonwealth
of Pennsylvania and duly appointed as the Engineer of Jackson Township,
or his designee.
The Manager of Jackson Township, or his designee, or the
designee of the Board of Supervisors of Jackson Township.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces which project through
and beyond the limits of the conical surface extend a distance of
5,000 feet measured horizontally from the edge of the approach surface
and at ninety-degree angles to the extended runway center line.
The transitional zones are the areas beneath the transitional
surfaces.
A facility that is not physically occupied by persons on
a regular basis, and the operation and control of which is not performed
by persons physically located on the site of the facility.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
See "nonconforming use."
A use, whether of land, water body, or structure, which was
not in existence prior to the enactment of this chapter or amendment
and does not comply with the regulations of this chapter or its amendments.
A grant of relief, pursuant to the provisions of this chapter,
by the Zoning Hearing Board permitting a developer or an owner to
use a property in a manner not wholly in accordance with this chapter
because strict conformance would be an unusual hardship depriving
the developer of reasonable use of the property, but specifying what
modifications to strict conformance are permitted.
A runway intended solely for the operation of aircraft using
visual approach procedures.
Those areas that are inundated or saturated by surface water
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
include, but are not limited to, swamps, bogs and similar areas. Wetlands
shall be identified by a person appropriately qualified and trained
to delineate wetlands, using the current delineation manual and other
protocols and guidance required by the DEP, the United States Environmental
Protection Agency, and/or the Army Corps of Engineers.
A community of plants characterized by areas, groves or stands
of trees. Area measurement of woodlands shall be understood to include
the canopy. Categories of woodlands shall be as follows:
MATURE WOODLANDAn area of woodland one acre or more in extent and consisting of at least 60% canopy cover in which at least 30% of trees have a DBH of 12 inches or more.
GROVES AND STANDSA contiguous grouping of 10 or more like trees. Such groupings shall be evaluated individually according to their size, condition, and species.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided in this chapter.
A yard extending across the full width of the lot and extending
back in depth the required minimum distance from the front lot line
to the parallel front building setback line.
A yard extending across the full width of the lot and extending
forward in depth the required minimum distance from the rear lot line
to the parallel rear building setback line.
A yard extending the required minimum distance between the
side lot line and the parallel side building setback line.
A legal, administrative process whereby a municipality divides
its territory into districts and applies to each district a number
of regulations to control the use of land, the height and bulk of
buildings, and the area of ground to be built upon.
A change in any zoning district which includes revisions to this chapter text and/or the Official Zoning Map.
A finite area of land, as designated by its boundaries on the Zoning Map, throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings. The term "zoning district" shall include overlay districts.
A Board appointed by the Board of Township Supervisors to
examine and decide appeals for relief from strict conformance of application
of this chapter and to hear testimony regarding the validity of any
regulations upon development in the Township or regarding challenges
to the decisions of the Zoning Officer.
A member of the Zoning Hearing Board selected by the Zoning
Hearing Board to, in some circumstance, conduct hearings for the Zoning
Hearing Board.
The Official Map delineating the zoning districts of the
Township, together with all amendments subsequently adopted which
are incorporated in, and made a part of, this chapter by reference
thereto.
A permit issued by the Zoning Officer which is required by
this chapter prior to the occupancy and use of a new building or structure
or one that has been structurally altered; the occupancy and use of
building or structure that has been moved or relocated; the change
in use and/or ownership and/or tenancy of an existing building, structure,
water body, or area of land; any change to or enlargement or extension
of a nonconforming use, building, or structure; the change in the
tenancy of any dwelling unit; and/or the occupancy of any previously
vacant public, commercial or industrial building.
That individual authorized by the Board of Supervisors to
be the administrator of the day-to-day application of the provisions
contained in this chapter.
A permit issued by the Zoning Officer which is required by
this chapter prior to the placement, erection, or construction of
a building or structure; the structural alteration or reconstruction
of a building or structure; the addition to a building or structure;
the relocation of a building or structure; the construction of a swimming
pool; the construction, reconstruction, alteration or movement of
a retaining wall; and/or the erection or alteration of a sign.
For purposes of this chapter, the following words and terms are principal and accessory uses as listed in Part 27, Use Authorization Table, and shall have the meanings set forth below, unless otherwise expressly stated. The following terms shall be set forth for:
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio, sexual encounter center or similar businesses as defined in Chapter 13, Part 2, Sexually Oriented Businesses, of the Code of Jackson Township, Butler County, Pennsylvania, as amended.
An enterprise that is actively engaged in the production
and preparation of crops, livestock and livestock products and in
the production, harvesting and preparation or use of agricultural,
agronomic, horticultural, silvicultural and aquacultural crops and
commodities. The term includes an enterprise that implements changes
in production practices and procedures or types of crops, livestock,
livestock products or commodities produced consistent with practices
and procedures that are normally engaged by farmers or are consistent
with technological development within the agricultural industry.
A facility that is designed and operated as an amusement
center which includes:
The sales or rental of new or used motor vehicles or trailers,
including outdoor display areas, service areas within a completely
enclosed building and a showroom and offices within the building.
An organization, usually a corporation, chartered by a state
or federal government, which does most or all of the following: receives
demand deposits and time deposits, honors instruments drawn on them,
and pays interest on them; discounts notes, makes loans, and invests
in securities; collects checks, drafts, and notes; certifies depositor's
checks; and issues drafts and cashier's checks.
A computer-controlled terminal located on the premises of
a financial institution or elsewhere, through which customers may
make deposits, withdrawals or other transactions as they would through
a bank teller.
Any establishment operated for profit wherein the facilities
are leased on a temporary basis for private wedding receptions, meetings,
banquets, and other similar events. Such establishments shall not
be open to the general public and may include food preparation facilities
and areas for dancing, dining and other entertainment activities customarily
found in association with banquets or receptions. Said facilities
may include off-site catering services as an accessory use.
An existing residential structure converted for use from
a single-family dwelling to a facility for the boarding of overnight
guests on a limited basis.
An off-premises sign, excluding off-premises directional
signs, which advertises a business, organization, establishment, activity,
event, person, product or service not principally located or sold
on the premises where the billboard is located and which constitutes
a principal use of a lot.
Storage of fuel, primarily for off-site use and consumption,
as the principal use of a property.
To provide food service for or a business that caters banquets
and weddings.
A burial place, or ground for human remains, including graveyards,
mausoleums, crematories and columbariums.
A facility, other than a residential dwelling unit, where
day care for the elderly or child care and educational instructions
are provided for seven or more children under the age of 16 or any
number of elderly persons, who are not relatives of the operator,
at any one time for part of a twenty-four-hour day and which is licensed
by the Department of Human Services as a day-care center, per 55 Pa.
Code, Chapter 3270. Day care for fewer than four children shall be
permitted as a no-impact home-based business.
A facility where child care is provided for four, five or
six children under the age of 16, who are not relatives of the operator,
at any one time for part of a twenty-four-hour day and which is licensed
by the Department of Public Welfare as a child day-care home. Day
care for fewer than four children shall be permitted as a no-impact
home-based business.
A building enclosed on at least two sides by exterior walls
or party walls, having a permanent roof, and possibly having garage-type
doors to permit vehicle access to the interior of the building, designed
for, and intended to be used for, the washing and cleaning of motorized
licensed vehicles having no more than two axles and a gross vehicle
weight of less than 13,000 pounds. Such facilities shall include automotive
car washes, any facility, its structures, accessory uses, or paved
areas used wholly or partly to wash, clean and dry the exterior of
vehicles, using conveyors to move the vehicle, or equipment that moves
over or around the vehicle, or other automated equipment intended
to mechanically wash such vehicles; and self-service car washes, any
facility, its structures, accessory uses or surrounding areas used
wholly or partly to wash, clean and dry the exterior of automobiles
using handheld equipment.
See "recreation facility, commercial."
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including, without limitation,
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
includes freestanding antennas, antennas mounted on communications
towers ("tower-mounted communications antennas") and antennas mounted
on buildings ("building-mounted communications antennas"). This definition
does not include satellite dishes, television antennas or amateur
radio equipment (including ham or citizen band radio antennas) mounted
on private residences and accessory to the residential use of a dwelling.
A structure, other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to hold and facilitate the operation
of communications antennas. A communications tower shall include the
appurtenant tower-mounted communications antennas and communications
equipment building.
An unenclosed portion of the lot or parcel upon which a construction
contractor maintains its principal office or a permanent business
office. Designation of the lot or parcel as a contractor's storage
yard would allow this area to be used to store and maintain construction
equipment and other materials customarily used in the trade carried
on by the construction contractor. Where permitted, the entire lot
or parcel shall be classified as a contractor's storage yard and shall
conform to all applicable zoning district standards and other Township
regulations.
Any retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, and sandwiches
and other freshly prepared foods, such as salads, for off-site consumption.
A convenience store may include the retail sale of gasoline.
Publicly or privately-operated facilities housing persons
awaiting trial or persons serving a sentence after being found guilty
of a criminal offense, including but not limited to halfway houses,
homes licensed for juvenile offenders or other facilities where individuals
are incarcerated or otherwise required to reside pursuant to court
order under the supervision of paid staff and personnel.
A building or part thereof where the process of marketing
and supplying goods to a customer, retailer or manufacturer is conducted.
A building, portion thereof, or other structure used primarily
for human habitation (whether permanent or seasonal) that includes
separate kitchen and bathroom facilities and separate entrances for
each unit. The word "dwelling" shall not include hotels, motels, fraternity
or sorority houses, boardinghouses, assisted living facilities, group
residential facilities, group homes, rooming houses, tourist homes,
or similar uses for group residence.
A building designed and built to contain two dwelling units,
side by side, with each as an independent dwelling relative to utilities,
facilities, and access.
A building containing two or more dwelling units, including
units that are located one over the other and/or side by side, excluding
duplexes, patio homes, and townhouses.
A dwelling within a group of units, consisting of a minimum
of three, but no more than four, independent single dwelling units
that are attached side by side by common unpierced party walls such
that units are attached by one wall or two walls perpendicular to
one another, or a minimum of three to four units attached by party
walls parallel to one another where each unit does not exceed one
and a half stories in height. This definition shall not otherwise
townhouse dwellings as defined in this Part 2.
Townhouse, duplex, or patio home dwellings.
A detached building containing one dwelling unit.
A dwelling within a group of units, consisting of a minimum
of three, but no more than six, independent single dwelling units
that are attached side by side by common unpierced party walls. This
definition shall include patio homes.
The provision of distribution systems by public utilities
regulated by the Pennsylvania Public Utilities Commission (PUC), municipal
authorities, Township or other governmental agencies of underground
or overhead water, sanitary sewers, or storm sewers, gas, electrical,
telephone, pipes, conduits, cables, towers, fire alarm boxes, traffic
signals, hydrants, and similar equipment and accessories in connection
therewith and where reasonably necessary for the furnishing of adequate
services by such public utilities regulated by the PUC, municipal
authorities, Township, or other governmental agencies or for the public
health and safety or general welfare. Specifically excluded from this
definition are communications towers, communications antennas, wind
farms and windmills.
A facility where child care is provided for four, five or
six children under the age of 16, who are not relatives of the operator,
at any one time for part of a twenty-four-hour day and which is licensed
by the PA Department of Human Services as a child day-care home. Day
care for fewer than four children shall be permitted as a no-impact
home-based business
The use of a building or buildings by one tenant or multiple
tenants for an office, distribution center, pilot manufacturing, technological
assembly, light industrial, warehouse and/or wholesale, and associated
administrative space.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A building, structure, or parking area, operated by a transit
authority, county or municipal entity, or department of the commonwealth,
where motor vehicles can be temporarily parked. The term shall also
include the parking, storage, and dispatch of buses on privately owned
premises that are operated to primarily serve the Seneca Valley School
District.
An enclosed and covered private parking space for the use
of the occupants of the premises for the storage of one or more motor
vehicles, provided that no business, occupation, or service is conducted
for profit therein.
A building, buildings, premises or portions thereof that
are used or arranged, designed, or intended to be used for the retail
sale of gasoline or other motor vehicle or motorboat fuels, as well
as limited minor repairs.
Establishments primarily engaged in rental of equipment cited
within NAICS 52310, General Rental Centers, but limited to customary
household items, lawn and garden equipment, home repair tools, and
moving equipment and supplies.
A building constructed chiefly of glass, in which the temperature
is maintained within a desired range for the purpose of growing plants.
A facility or establishment including one or more of the
following, as defined:
PERSONAL CARE CENTERA premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for more than three adults who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self- administration but who do not require hospitalization or care in a skilled nursing or intermediate care facility, as defined in current state licensing requirements.
NURSING HOMEA facility licensed by the Commonwealth of Pennsylvania for the purpose of providing skilled or intermediate nursing care and related medical or other health services.
A facility in a residential area that provides room, board
and specialized services to a group of more than eight unrelated disabled
individuals living together as a single housekeeping unit with shared
common facilities. If required, staff persons may reside on the premises.
The term "group home" may include a personal care center if the residents
are disabled. The term "group home" shall specifically exclude assisted
living facilities and group residential facilities.
A structure or structures providing residence for a group
of persons with central kitchen, dining and recreational facilities,
with separate bedrooms and/or living quarters. A group residential
facility shall not include a group home, assisted living facility
or dwelling, halfway house, home licensed for juvenile offenders or
other facilities where individuals are incarcerated or otherwise required
to reside pursuant to court order under the supervision of paid staff
and personnel.
Sales or rental of recreational vehicles, aircraft, commercial
boats, and those activities classified under NAICS Code 53241, Construction,
Transportation, Mining, and Forestry Machinery and Equipment Rental
and Leasing, including sales of such equipment, and NAICS 453930,
Manufactured and Mobile Home Dealers.
The manufacture, storage, processing, and treatment of materials
which are potentially hazardous, or processes which produce significant
amounts of smoke, noise, glare, or dust or odor as a primary or secondary
effect of the principal use of the land or buildings. Heavy industry
characteristically employs some of such equipment as smokestacks,
tanks, distillation or reaction columns, chemical processing equipment,
scrubbing towers, pickling equipment and waste treatment lagoons.
Heavy industry, although conceivably operable without polluting the
environment, has the potential to pollute when equipment malfunctions
or human error occurs. Examples of heavy industry are oil refineries,
basic steel manufacturing plants (such as foundries, blast furnaces,
and stamping mills), industries handling animal offal or hides, basic
cellulose pulp-paper mills and similar fiberboard and plywood production,
production of cement and asphalt, lime manufacturing, ore and metal
smelting and refining, and chemical plants such as petrochemical complexes.
A lot, with a minimum area of at least three acres but less
than 10 acres, where agricultural activities are conducted by the
residents thereof but where such activities are not the principal
source of employment or income, with no more than one large livestock
per each three acres of the lot.
The use of cultivating herbs, fruits, flowers, or vegetables
on a piece of ground adjoining the dwelling, excluding the keeping
of animals.
An establishment that is accessory to a single-family detached dwelling as specified in § 27-1305 of this chapter.
An institution 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 made up of two or more living or sleeping quarters
used independently of each other and used principally and commercially
for overnight accommodations.
A commercial recreation facility in which all principal activities
are conducted within a completely enclosed building.
Any yard, lot, place, or structure (covered or uncovered,
outdoors or in an enclosed building) containing junk and upon which
principally occurs one or more acts of buying, keeping, storing, accumulating,
dismantling, processing, recycling, salvaging, selling or offering
for sale any such junk, in whole units or by parts, or any premises
used for the storage of two or more junked motor vehicles. This definition
shall not include a transfer station, licensed or permitted by the
Commonwealth of Pennsylvania, or a recycling center, licensed or permitted
by Jackson Township.
The keeping of four or more household pets that are more
than six months old. A kennel is not a home occupation and is not
an accessory use to a residential dwelling unless specifically permitted.
An establishment which offers retail sale of garden and landscaping
supplies, principally garden compost, mulch, decorative gravel, and
similar products.
The manufacture, fabrication, assembly, or processing of
goods and materials, excluding heavy industrial establishments.
Any establishment or business which provides the personal
services of massage and body manipulation, including exercises, heat
and light treatments of the body and all forms of physiotherapy, unless
operated by a medical practitioner, chiropractor or professional physical
therapist licensed by the Commonwealth of Pennsylvania. This definition
does not include an athletic club, school, gymnasium, reducing salon,
spa or similar establishment where massage or similar manipulation
of the human body is offered as an incidental or accessory service.
An establishment, excluding a professional office, where
human patients receive diagnostic testing, treatment and/or counseling
by professionals licensed by the Pennsylvania Department of Health,
where patients are not provided with board or room or kept overnight
on the premises, provided that all such uses have access only from
the interior of the building or structure, including methadone treatment
facilities.
The term "medical marijuana grower/processor" shall be defined
consistent with the definition of "grower/processor" contained in
the Medical Marijuana Act.
A medical, dental, or psychiatric practice offering medical
or dental services on an outpatient basis and which may also contain
associated in-house ancillary services such as in-house diagnostic
testing facilities, medical counseling services, and similar services,
including medical marijuana dispensaries, and excluding medical clinics.
Includes all activity which removes from the surface or beneath
the surface of the land some material, mineral resource, natural resource
or other element of economic value by means of mechanical excavation
necessary to separate the desired material from an undesirable one;
or to remove the strata or material which overlies or is above the
desired material in its natural condition and position. Open pit mining
includes, but is not limited to, the excavation necessary to the extraction
of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale
and iron ore. Oil and gas extraction, excavation for the purposes
of grading a building lot or roadway or the removal of grass or sod
for landscaping and the removal of materials from a lot for use on
that same lot shall not be considered mineral extraction.
Small or automotive engine repair or reconditioning, collision
and body repair, including straightening and repainting, replacement
of parts and incidental services, and repair of appliances of a scale
customarily utilized by individuals for noncommercial purposes and
by retail or administrative uses.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
Any facility that is designed, operated or maintained for
the disposal of municipal waste as that term is defined by the Solid
Waste Management Act, 35 P.S. § 6018.101 et seq., and the
Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S.
§ 4000.101 et seq.
A facility designed and constructed to compress natural gas
that originates from an Oil and Gas Well Site Development or collection
of such wells operating as a midstream facility for delivery of natural
gas to a transmission pipeline, distribution pipeline, Natural Gas
Processing Plant, or underground storage field, including one or more
natural gas compressors, associated buildings, pipes, valves, tanks
and other equipment.
A facility that is not a natural Gas Compressor Station and
which is designed and constructed to remove materials and gases such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets.
A commercial enterprise (including all or a portion of a
restaurant, hotel or motel) which offers dancing and entertainment,
either live or recorded, and may be characterized by low light levels,
closely packed tables and/or a dance floor, whether or not the consumption
of alcoholic beverages is permitted or allowed on the premises. Nightclubs
shall not include banquet facilities, private clubs, recreation facilities
or other buildings used primarily for social gatherings of members
of condominiums, cooperatives, homeowner associations, civic, charitable
or fraternal organizations which periodically have dances, stage shows,
or music, and alcoholic beverage consumption and admission fees. For
purposes of this definition, entertainment shall not include television
viewing of sporting events, programs or movies.
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 generally 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 and which otherwise complies with the requirements of § 27-1608 of this chapter.
See "recreation facility, noncommercial."
The term includes the following: well location assessment,
including seismic operations, well site preparation, construction,
drilling, water or fluid storage operations, hydraulic fracturing
and site restoration associated with an oil and gas well of any depth.
The term includes conventional (vertical) and non-conventional (horizontal)
methods of drilling.
The storage of materials, equipment, containers and/or trailers
outside of a completely enclosed building.
A parcel of land owned by the Commonwealth of Pennsylvania,
Butler County, and/or the Township that is dedicated, either publicly
or privately, specifically for outdoor use for open space and/or active
or passive recreation purposes. A park shall also include a parcel
of land owned by a homeowners' association or condominium association,
as part of a Township-approved subdivision, land development and/or
planned residential development that is dedicated, either publicly
or privately, specifically for the use as a park, open space and/or
active or passive recreation area. A park shall not include a commercial
recreation facility, unless it is part of a Township facility, as
defined herein.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel, including
but not limited to barbers, beauticians, laundry and dry cleaning,
massage establishments, tailors, photographers or travel agents.
An institution of any denomination where people regularly
observe, practice or participate in religious or spiritual services,
meetings or activities.
A use that principally involves administrative, clerical,
financial, governmental or professional operations and operations
of a similar character, excluding medical offices.
A system providing distribution of water, gas, electric,
or telephone services, or the collection and disposal of wastewater,
such system operating as a municipal authority or under the rules
and regulations of the Pennsylvania Public Utility Commission. This
definition does not include any system or device used for the transmission
or reception of radio, television, wireless telephone, pager, commercial
mobile radio service or any other wireless communications signals.
An establishment offering recreation, sports, games of chance,
skill or leisure-time activities and for purposes of this chapter
is specifically defined and delineated as follows:
RECREATION FACILITY, COMMERCIALA recreation facility that offers one or more of its activities and/or services to the general public or private membership for a fee or charge and which satisfies the standards, criteria and requirements of this chapter, including but not limited to § 27-1407. A gaming enterprise and/or racetrack, both of which as defined herein, shall not be considered a commercial recreation facility.
RECREATION FACILITY, NONCOMMERCIALA recreation facility that offers all of its activities and services to the general public for no fee or charge and which satisfies the standards, criteria and requirements of this chapter, including but not limited to § 27-1430. A gaming enterprise and/or racetrack, both of which as defined herein, shall not be considered a noncommercial recreation facility.
Farms and woodland adapted for use as vacation farms or demonstration
farms; riding stables; picnicking and sports areas; fishing waters;
camping; scenic and nature appreciation; hunting areas; hunting preserves;
and watershed projects, excluding overnight lodging.
A facility used for the collection and/or processing of reusable
material, including but not limited to metals, glass, plastic, and
paper.
An establishment where the principal business is the sale
of food and beverages in a ready-to-consume state, and where the design
or principal method of operation consists of one or more of the following:
A sit-down restaurant where customers, normally provided with
an individual menu, are generally served food and beverages in non-disposable
containers by a restaurant employee at the same table or counter at
which the food and beverages are consumed.
A fast-food restaurant where most customers order and are served
their food in booths or in a motor vehicle in packages prepared to
leave the premises or able to be taken to a counter or table.
A drive-in or drive-through restaurant which includes a principal
building and adjoining parking area used for the purpose of furnishing
food, soft drinks, ice cream and similar confections to the public
normally for consumption outside the confines of the principal permitted
building, or in vehicles parked upon the premises, regardless of whether
or not seats are provided inside for patrons.
A business establishment which sells goods or merchandise
to the general public for personal, household, or office consumption
and renders services customarily incidental and subordinate to the
sale of such goods or merchandise. An adult-oriented business shall
not be considered retail sales and service.
Any building or group of buildings, the use of which meets
commonwealth requirements for elementary, secondary, or higher education,
whether publicly or privately owned, and excluding trade or vocational
schools.
A building or group of buildings in a controlled-access and
usually fenced compound that contains varying sizes of individual,
compartmentalized and controlled-access rooms, stalls or lockers for
the storage of the customer's goods or belongings.
A dwelling or portion thereof that contains not more than
3 bedrooms, is not owner occupied, and is available for use or is
used for accommodations for lodging of guests paying a fee or other
compensation for a period of less than 30 consecutive days. This definition
does not include a bed and breakfast.
The keeping of one or more animals, other than three household
pets, within a roofed enclosure. A stable is not a home occupation,
but may be an agricultural use, and is not an accessory use to a residential
dwelling unless specifically permitted.
Buildings, structures and/or land owned, occupied, controlled
and/or operated by the Township or any of its agencies and used to
provide services to the residents of the Township. Township facilities
shall include but not be limited to administrative offices, public
works buildings, storage yards, Police Department facilities, recreation
facilities, parks and playgrounds.
An establishment offering regularly scheduled instruction
in professional, technical, commercial or trade skills, such as, but
not limited to, business, real estate, building and construction,
electronics, computer programming and technology, automotive and aircraft
mechanics and technology, and similar types of instruction.
A facility for the receipt, transfer, short-term storage,
and dispatching of goods transported by truck.
A place where animals are given medical care and boarding
of animals is limited to short-term care incidental to the veterinary
office use.
An establishment for the storage and handling of freight,
goods or merchandise, but not including the maintenance or fueling
of commercial vehicles.
An establishment engaged in selling merchandise to retailers
or professional business customers or other wholesalers rather than
to the general public or acting as a broker for such merchandise sales.
An electric-generating facility whose main purpose is to
supply electricity, consisting of one or more windmills and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A wind-energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator and includes
the nacelle rotor, tower and pad transformer, if any.
