[Ord. 384, 7/17/1993, § 201]
The following words are defined in order to facilitate the interpretation
of this chapter for administrative purposes and in the carrying out
of duties by appropriate officers and by the Zoning Hearing Board.
[Ord. 384, 7/17/1993, § 202]
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning herein indicated.
Words used in the present tense include the future tense. The singular
includes the plural. The word "person" includes any individual or
group of individuals, a corporation, partnership or any other similar
entity. The word "lot" includes the words "plot" or "parcel." The
term "shall" is always mandatory. The word "used" or "occupied" as
applied to any land or building shall be construed to include the
words, "intended, arranged or designed to be used or occupied."
[Ord. 384, 7/17/1993, § 203; as amended by Ord.
410, 8/20/1997, § 1; by Ord. 448, 11/15/2000; by Ord. 493,
9/20/2006, § 1; by Ord. 504, 10/1/2008, § 1; and
by Ord. 525, 12/15/2010, § 1]
The relinquishment of property or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
A use incidental to, and on the same lot as, a principal
use. A structure or use that:
Is clearly incidental to and customarily found in connection
with a principal building or use;
Is subordinate to and serves a principal building or a principal
use;
Is subordinate in area, extent or purpose to the principal building
or principal use served;
Contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or principal use served;
and
Is located on the same lot as the principal building or use
served.
For small wireless communications facilities, any similarly-situated
infrastructure within a 250-foot radius that is of the same design,
construction, or use as the proposed structure. Adjacent structures
may include, but are not limited to, utility poles and streetlight
poles. The height of an adjacent structure is the vertical distance
measured from the ground level to the highest point on a structure,
not including antennae mounted on the tower and any other appurtenances.
[Added by Ord. No. 596, 7/7/2021]
An establishment having as a substantial or significant portion
of its stock in trade, books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas," (as defined below) or an establishment within a
segment or section devoted to the sale or display of such material.
A club, restaurant, bar, tavern, theater, hall or similar
establishment which features male and/or female entertainers whose
performance includes "specified sexual activities" (as defined below)
and/or reveals or displays "specified anatomical areas" (as defined
below).
An area open to the air and not enclosed within any building
used for presenting material distinguished or characterized by an
emphasis on material depicting, describing or related to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein, which patrons observe such material
from a location within automobiles or other motor vehicles, seated
in autos or on outdoor seats.
An enclosed building with a capacity for less than 50 persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein.
An enclosed building with a capacity for less than 50 persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein.
An area neither enclosed nor open to the sky (e.g., a pavilion,
tent, etc.), where material presented is distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein.
The right to use space above ground level.
A public thoroughfare other than a minor street which affords
only a secondary means of access to abutting property and not intended
for general traffic circulation.
As applied to a building or structure, any change or rearrangement
in the structural parts or in the existing facilities or an enlargement,
whether by extending on a side or by increasing in height or the moving
from one location or position to another.
A change in use in any district which includes revisions
to the zoning text and/or the official Zoning Map; and the authority
for any amendment lies solely with the Board of Commissioners.
An establishment which has as its principal business offering
to patrons mechanical or electrical amusement devices or games such
pinball machines, ping pong, darts, shooting galleries or similar
devices and games.
A building used for the treatment, housing or boarding of
small domestic animals such as dogs, cats, rabbits, and birds or fowl
by a veterinarian.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined herein. An antenna shall not include
private-residence-mounted satellite dishes or television antennae
or amateur radio equipment including, without limitation, ham or citizen
band radio antennae.
[Amended by Ord. No. 570, 8/2/2017; and by Ord. No. 596, 7/7/2021]
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as satellite earth stations,
TVROs and satellite microwave antennas.
A dwelling unit within a multifamily dwelling. This classification
includes apartments in apartment houses, bachelor apartments, studio
apartments and kitchenette apartments.
An independent dwelling unit, incorporated within an existing
single-family detached dwelling without any substantial external modification,
established for the purpose of providing an independent living unit
for a person or persons related by marriage or blood relative.
An existing dwelling unit that is or was converted to a dwelling
for more than one family, without substantially altering the exterior
of the building.
A two-story multifamily dwelling, containing one-story dwelling
units.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The area contained within the property lines of a lot or
as shown on a subdivision plan excluding space within any street,
but including the area of any easement.
Coordinated and centrally managed housing including self-contained
units designed to provide a supportive environment and to accommodate
a relatively independent lifestyle. Such a development may contain
a limited number of supportive services such as meals, transportation,
housekeeping and limited and organized social activities for residents
and their invited guests. Such use shall be primarily for persons
55 and older, persons with physical handicaps and/or the developmentally
disabled. Assisted-living facilities shall be licensed as a "personal
care center" by the Commonwealth of Pennsylvania.
Any structure or any building or part thereof that is used
for the repair or painting of bodies, chassis, wheels, fenders, bumpers
and/or accessories of automobiles and other vehicles of conveyance.
A self-propelled, free-moving vehicle, primarily for conveyance
on a street or roadway, to include vans, passenger cars, station wagons
and pickup trucks, but excluding tractor cabs, trailers, dump trucks
and excavating vehicles and equipment.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing or supplying of gasoline
or oil to automobiles, trucks or similar motor vehicles.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel or accessories for motor vehicles, and which may include
facilities used for polishing, greasing, washing, dry cleaning or
otherwise cleaning or servicing such motor vehicles.
A building on a lot, designed and used primarily for the
washing and polishing of automobiles and which may provide accessory
services set forth herein for automobile service stations.
(See also "junkyard.") The dismantling or wrecking of used
motor vehicles or trailers or the storage, sale or dumping of dismantled
or wrecked vehicles or their parts. The presence on any lot or parcel
of land of two or more motor vehicles, which, for a period exceeding
30 days, have not been capable of operating under their own power
and from which parts have been or are to be removed for reuse or sale,
shall constitute prima facie evidence of an automobile wrecking yard.
That portion of a building that is partially or wholly below
ground level. This portion serves as a substructure or foundation
for a building. A basement shall be counted as a story for the purpose
of height measurement, if the vertical distance between the ceiling
and the average level of the adjoining ground is more than five feet.
Also, any area of a building having its floor below ground level on
all sides.
An area bounded by streets.
Any body granted jurisdiction under a land use ordinance
to render final adjudications.
A building arranged or used for the lodging, with or without
meals, for compensation, by either transient or permanent residents.
This definition includes rooming houses and lodging houses.
(See also "screening.") A landscaped area intended to separate
and partially obstruct the view of two adjacent land uses or properties
from one another. A strip of land, identified on a site plan or by
a zoning ordinance, established to protect one type of land use from
another land use that is incompatible. Normally, the area is landscaped
and kept in open space use.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or property, including covered porches or bay windows and chimneys.
A building surrounded by open space on the same lot.
The line of that face of the building containing the principal
entrance or entrances facing a street.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs. Chimneys, towers, spires, elevator penthouses,
tanks and similar appurtenant structures or equipment may project
above the maximum building height. Architectural screening of rooftop
projections may also be exempted from height restrictions; provided,
that such structures are set back from the exterior wall of the building
by a distance equal to or greater than their height.
A line parallel to the front, side or rear lot line so as
to provide the required yards.
A building the size, dimensions or location of which was
lawful prior to the adoption, revision or amendment to a zoning ordinance,
but which fails by reason of such adoption, revision or amendment,
to conform to the present requirements of the zoning district in which
it is located.
Written permission issued by the proper Township official
for the construction, repair, alteration or addition to a structure.
The line within a property defining the required minimum
distance permitted between any structure and the adjacent street right-of-way.
Any business facility such as a dance hall, club, or association
not licensed by the Pennsylvania Liquor Control Board, wherein patrons
21 years of age and older may, after payment of an entry fee, cover
charge or membership fee, consume alcoholic beverages which said patrons
have carried onto the premises; also commonly referred to as "bring
your own bottle clubs"; provided, that a facility which is rented
for a limited period of time, not to exceed 12 hours, by individual(s)
or an organization for the purpose of a private party in which alcoholic
beverages are carried onto the premises, shall not be considered a
BYOB club under the terms of this chapter.
A covered space, open on at least three sides, for the storage
of one or more vehicles and accessory to a main or accessory building.
That portion of a street or alley which is improved, designed
or intended for vehicular use.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the maximum number of stories.
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the street's center lines.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive areas.
The mounting of one or more wireless communication facilities,
including antennae, on a preexisting structure, or modifying a structure
for the purpose of mounting or installing a wireless communication
facility on that structure.
[Added by Ord. No. 570,
8/2/2017; as amended by Ord. No. 596, 7/7/2021]
An occupation, employment or enterprise that is carried on
for profit by the owner, lessee or licensee.
Means terms and pricing that are reasonably consistent with
similar wireless communication facility leases and agreements within
a fifteen-mile radius of the Municipality.
[Added by Ord. No. 596, 7/7/2021]
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.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
An official document adopted by the Board of Commissioners
setting forth its policies regarding the long-term development of
the Township, the preparation of which is based on careful studies
of existing conditions and prospect for future growth of the Township.
The plan shall include, but need not be limited to, plans for the
use of land, transportation of goods and people, community facilities
and services and a map and statement indicating the relationship of
the Township and its proposed development to adjacent municipalities.
A use that, owing to some special characteristics attendant
to its operation or installation (for example, potential danger, smoke
or noise), is permitted in a district subject to approval by the Board
of Commissioners and subject to special requirements, different from
those usual requirements for the district in which the conditional
use may be located.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building structure, including
the placement of manufactured/mobile homes.
A drug, substance or immediate precursor as defined in Schedules
1 through 5 of the Pennsylvania Controlled Substance, Drug Device
and Cosmetic Act, 35 P.S. § 780-104, or any amendments thereto.
Any retail establishment offering for sale food products,
household items, energy products, general merchandise and other goods
commonly associated with the same, and may include personal service
establishments. The sales and services may be sold through one or
multiple businesses within the same building.
An unoccupied open space, other than a yard, on the same
lot with a building which is bounded on two or more sides by the walls
of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable, and
that the court does not extend to a street, alley, yard or other outer
court.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That portion or percentage of the lot area covered by impervious
materials, to include buildings and paved surfaces.
See definition of "school, nursery."
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter 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 the county and judicial district wherein the Township
lies.
A Municipal-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless communications facility, lighting, or
municipal attachments have been placed or are permitted to be placed.
[Added by Ord. No. 596, 7/7/2021]
The number of dwellings units per acre of land.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Board of Commissioners.
The Zoning Hearing Board.
The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under Chapter 22, Subdivision and Land Development, or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, filling,
grading, paving, excavation, mining, dredging or drilling operations
and the subdivision of land.
The provisions for development including a planned residential
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
development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added by Ord. No. 570,
8/2/2017]
A district includes all buildings, lots and surface areas
within certain designated boundaries as indicated on the Lower Swatara
Township Zoning Map.
The sheltering of three or more dogs that are more than six
months old.
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product that may be used or consumed
in a motor vehicle on the premises or to be entertained while remaining
in an automobile. Any portion of a building or structure from which
business is transacted, or is capable of being transacted, directly
with customers located in a motor vehicle during such business transactions.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
Any object, device, instrument, apparatus or contrivance,
whose primary and traditional use is involved with the illegal use
of any and all controlled substances under the laws of Pennsylvania.
Drug paraphernalia includes, but is not limited to:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived.
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales and balances used, intended for use, designed for use
in weighing or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances.
Separation gins and sifters used, intended for use or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
into the human body.
Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial or other means and for whatever purpose,
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or part thereof or waste material of any kind.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A group of two or more single-family, two-family or multifamily
dwellings occupying a lot in one ownership.
Any structure designed primarily for residential occupancy,
except a manufactured/mobile home, which is wholly or in substantial
part made, fabricated, formed or assembled in manufacturing facilities
for installation or assembly and installation on the building site
in such a manner that all concealed parts or processes of manufacture
cannot be inspected at the site without disassembly, damage or destruction.
A transportable, single-family detached dwelling intended
for permanent occupancy, office or place of assembly contained in
one unit or in two 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. For floodplain management
purposes, this definition includes park trailers, travel trailers
and other similar vehicles located on site for greater than 180 consecutive
days.
A building used by three or more families living independently
of each other and doing their own cooking, including apartment houses.
A dwelling used for family and having two party walls in
common with other buildings (such as row house or townhouse).
A building used by one family having only one dwelling unit
and having two side yards.
A dwelling used by one family having one side yard, one party
wall common with another building.
A building used by two families with one dwelling unit arranged
over the other and having two side yards.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation or another person
or entity.
A multifamily development devoted entirely for the provision
of housing for senior citizens 55 years of age or older.
An assemblage of equipment for purposes, other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the general public.
Electric public utility transmission and distribution facilities,
including substations.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added by Ord. No. 592, 44/1/2020]
An application for modification of an existing wireless communications
facility or base station that involves A) collocation of new transmission
equipment; B) removal of transmission equipment; or C) replacement
of transmission equipment.
[Added by Ord. No. 596, 7/7/2021]
A condition that:
[Added by Ord. No. 570,
8/2/2017]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable.
A single individual doing his/her own cooking and living
upon the premises as a separate housekeeping unit, or a collective
body of persons doing their own cooking and living together upon the
premises as a separate housekeeping unit in a domestic relationship
based upon birth, legal marriage or other domestic bond. This s does
not include a collective body of persons occupying a hotel, dormitory,
lodge, boarding/rooming house, commune or institution.
An institutional facility providing shelter, counseling and
other rehabilitative services in a family-like environment for four
to eight residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents under
supervisory care may not be legally related to the facility operators
or supervisors and, by reason of mental or physical disability, chemical
or alcohol dependency, or family or school adjustment problems, require
a minimal level of supervision but do not require medical or nursing
care or general supervision. A family-care facility must be licensed
and/or approved by the Pennsylvania Department of Public Welfare and
may include uses such as foster homes, community residential alternative
facilities or home individual programs.
A residence offering baby-sitting services and child-care
services for four to six children unrelated to the resident household
and meeting all applicable licensing/registration requirements of
the Pennsylvania Department of Public Welfare.
Federal Communications Commission.
[Added by Ord. No. 570,
8/2/2017]
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy, or to protect
the property so screened or divided, or to define and mark the property
line of any front, side or rear lot line; for the purpose of this
chapter, a freestanding masonry wall when so located is considered
to be a fence; also, for the purpose of this chapter, when the term
"lot line" is used in relation to fences, it shall be synonymous with
"rear yard lot lines," "side yard lot lines" and "front yard lot lines."
Fences are not synonymous with "garden structures," which are defined
elsewhere herein.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
A temporary inundation of normally dry land areas.
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).
That portion of the flood plain outside the floodway.
Any combination of structural and nonstructural addition,
changes or adjustments to proposed or existing 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 without increasing the water surface
elevation more than one foot at any point.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not used as primary living and sleeping
quarters, but including the area of roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathroom, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area.
All that space relegated to use by the customer and the retail
employee to consummate retail sales and to include display area used
to indicate the variety of goods available for the customer but not
to include office space, storage space and other general administrative
areas.
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of structure to the public rights-of-way.
[Added by Ord. No. 596, 7/7/2021]
An enclosed or covered space for the storage of one or more
vehicles or vessels; provided, that no business, occupation or service
is conducted for profit therein.
A building designed and used for the storage of automotive
vehicles operated as a business enterprise with a service charge or
fee being paid to the owner or operator for the parking or storage
of privately owned vehicles.
(See also "service station.") A building designed and used
for the storage, care, repair or refinishing of motor vehicles including
both minor and major mechanical overhauling, paint and body work.
Any building, premises or land in which or upon which a business,
service or industry involving the maintenance, servicing, repair or
painting of motor vehicles is conducted or rendered.
See definition "apartment, garden."
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
Any accessory structure which may be occupied for other than
sleeping or general housekeeping purposes, or which serves as a shelter
primarily for human beings, except a permitted garage, porch or carport,
which is located in any side or rear yard not closer than three feet
to any side or rear lot line; included in this category of structures
are arbors, aviaries, pergolas, trellises, barbecue shelters and freestanding
screens or baffles and similar structures as however called. No such
structure may be located in any required front yard between the building
setback line and the street line. Such structures may be solidly roofed
and walled or open to the sky and on the sides, but if solidly roofed
or solidly walled on more than two sides, they must be located within
the building line of the lot and may not invade any required yard.
Unscreened, unroofed, unwalled or unfenced patios, bird baths, ornamental
pools and swimming pools are not considered as garden structures.
Permitted structures may be attached to or be detached from a dwelling.
The Board of Commissioners of Lower Swatara Township, Dauphin
County, Pennsylvania.
The elevation of the center line of the streets, as officially
established by the municipal authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, if any, expressed
in square feet and measured from the center line of joint partitions
and from outside wall faces.
The floor of a building nearest the mean grade of the front
of the building.
A facility providing shelter, counseling and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency
or family or school adjustment problems, require a minimal level of
supervision but do not require medical or nursing care or general
supervision. A group care facility must be licensed and/or approved
by the Pennsylvania Department of Public Welfare.
A residence offering baby-sitting services and child-care
services for seven to 11 children unrelated to the resident household
and meeting all applicable licensing/registration requirements of
the Pennsylvania Department of Public Welfare.
A person who has a physical or mental impairment that substantially
limits one or more of the major life activities of such individual.
Any garbage, refuse, sludge from an industrial or other waste
water treatment plant, sludge from a water supply treatment plant
or air pollution control facility and other discarded material including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities or any combination of these
factors, which, because of its quantity, concentration or physical,
chemical or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or morbidity in either an individual or the total population; or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
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The term "hazardous waste" shall not include coal refuse as
defined in the Coal Refuse Disposal Control Act (52 U.S.C. §§ 30.51
through 30.62). The term "hazardous waste" shall not include treatment
sludges from coal mine drainage treatment plants, disposal of which
is being carried on pursuant to and in compliance with a valid permit
issued under the Clean Streams Law (35 P.S. §§ 691.1
through 691.1001). The term "hazardous waste" shall not include solid
or dissolved material in domestic sewage, or solid dissolved materials
in irrigation return flows or industrial discharges which are point
sources subject to permits under § 402 of the Federal Water
Pollution Control Act (33 U.S.C. § 1342) or source, special
nuclear or by-product material as defined by the Atomic Energy Act
of 1954 (42 U.S.C. §§ 2011 through 2394).
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A chemical component of a waste or chemical compound which
qualifies a waste as hazardous under Pennsylvania Department of Environmental
Protection's (PaDEP) Hazardous Waste Management Regulations (HWMR)
75.261 (relating to criteria, identification and listing of hazardous
waste), or which is listed as a hazardous waste or hazardous compound
in 75.261 (relating to criteria, identification and listing of hazardous
waste).
A discharge of hazardous waste.
The number assigned by the Environmental Protection Agency
(EPA) or the number provided to the PaDEP by the EPA for assignment
to each generator, transporter and treatment, storage or disposal
facility handling hazardous waste.
A hazardous waste which is unsuitable for:
Placement in a particular device or facility because it may
cause corrosion or decay of containment materials such as container
inner liners or tank walls.
Commingling with another waste or material under uncontrolled
conditions because the commingling might produce heat or pressure,
fire or explosion, violent reaction, toxic dusts, mists, fumes or
gases or flammable fumes or gases.
The contiguous site at or on which one or more hazardous
wastes are generated. An individual generation site, such as a large
manufacturing plant, may have one or more sources of hazardous waste
but is considered a single or individual generation site if the site
or property is contiguous.
A facility where storage, treatment or disposal of hazardous
waste occurs.
The manifest, instructions supplied with the manifest and
distribution system for copies of the manifest which together identify
the origin, routing, storage or disposal under the following PaDEP
HWMR subsections: 75.262(e), 75.263(d), 75.264(j), and 75.265(j) (relating
to generators of hazardous waste, transporters of hazardous waste,
new and existing hazardous waste management facilities applying for
a permit and interim status standards for hazardous waste management
facilities and permit program for new and existing hazardous waste
management facilities).
The number assigned by the PaDEP to each hazardous waste
listed and to each hazardous waste characteristic identified in HWMR
75.261 (relating to criteria, identification and listing of hazardous
waste).
A written document issued by the PaDEP under the Act which
authorizes the recipient to undertake the treatment, storage or disposal
of hazardous waste under the act. The term "permit" does not include
interim status or a permit which has not yet been the subject of final
PaDEP action, such as a draft permit or a proposed permit.
Any business, the operation of which involves the sale, lease,
trade, gift or display for sale of any and all types of drug paraphernalia.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a wireless telecommunications
tower, including antennas mounted on the tower and any other appurtenances.
[Added by Ord. No. 570,
8/2/2017; as amended by Ord. No. 596, 7/7/2021]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
communications antennas mounted on the tower and any other appurtenances.
[Added by Ord. No. 596, 7/7/2021]
Any use which can be conducted entirely within a dwelling
or in a building accessory thereto and carried on by the inhabitants
residing therein, and no more than one employee; providing, that the
use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, the exterior appearance of the structure or
premises is constructed and maintained as a residential dwelling,
and no goods are publicly displayed on the premises other than signs
as provided herein.
An institution providing primary health services and medical
or surgical care to persons, inpatients and outpatients suffering
from illness, disease, injury, deformity and other abnormal physical
or mental conditions, including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
A facility offering transient lodging accommodations to the
general public and providing additional services such as restaurants,
meeting rooms and recreational facilities.
A substance which, under the regulations of the Pennsylvania
Department of Health, is a principal compound commonly used or produced
primarily for use, and which is an immediate chemical intermediary
used or likely to be used, in the manufacture of a controlled substance.
Any substance placed on a lot which covers the surface in
such fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to be impervious
material: buildings, concrete sidewalks, paved driveways and parking
areas, swimming pools and other nonporous structures or materials.
An approved device in which combustible material, other than
garbage, is burned to ashes.
A complex of independent living units providing residential
facilities for retirement-age persons where medical care is not an
element.
A planned, coordinated development of a tract of land with
two or more separate industrial buildings. Such development is planned,
designed, constructed and managed on an integrated and coordinated
basis with special attention given to on-site vehicular circulation,
parking, utility needs, building design and orientation and open space.
An industrial park is designed as a coordinated environment for a
variety of industrial and related activities. The project is developed
or controlled by one proprietary interest. It has an enforceable master
plan and/or covenants, conditions and restrictions. The development
may be on one parcel, may be subsidized, may have condominium ownerships
or a combination of these types.
A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials
or a use engaged in storage of or manufacturing processes using flammable
or explosive materials or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing.
(See also "automobile wrecking yard.") A parcel of land on
which waste material or inoperative vehicles and other machinery are
collected, stored, salvaged or sold. An open area where wastes or
used or secondhand materials are bought, sold, exchanged, stored,
processed or handled. Materials shall include but are not limited
to scrap iron and other metals, paper, rags, rubber tires and bottles.
An automobile wrecking yard is also considered a junkyard.
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; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
[Amended at time of adoption of Code (see Ch. AO)]
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
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 persons having a proprietary interest in land.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade;
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated;
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
An off-street area on the same lot with a building or contiguous
to a group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials.
Land occupied or to be occupied by a building and its accessory
buildings or by a dwelling group and its accessory buildings, together
with such open space as required under the provisions of this chapter,
having not less than the minimum area and width required by this chapter
for a lot in the district in which such land is situated and having
its principal frontage on a street. A designated parcel, tract or
area of land established by a plat, deed or permitted by law to be
used, developed or built upon.
A lot at the junction of and abutting on two or more intersecting
streets or at the point of abrupt change of a single street, where
the interior angle is less than 135° and the radius of the street
line is less than 100 feet.
The average horizontal distance between the front and rear
lot lines.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
The minimum required lot width measured at the building setback
line. The width of lots abutting a cul-de-sac shall be measured as
the chord distance length at the building setback line.
A lot of record, the area or dimension of which was lawful
prior to the adoption, revision or amendment to this chapter, but
which fails by reason of such adoption, revision or amendment to conform
to the current requirements of the zoning district in which it is
located.
A lot which has been properly recorded in the Office of the
Recorder of Deeds of Dauphin County, Pennsylvania.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area, is not considered a building's lowest floor; provided, that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added at time of adoption of Code (see Ch. AO)]
A parcel of land in a manufactured/home park/community improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured/mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured/mobile
home lots for the placement thereon of manufactured/mobile homes for
nontransient use.
The processing and/or converting of raw unfinished or finished
materials or products, or any, or either of them, into an article
or substance of a different character or for use for a different purpose;
industries furnishing labor in the case of manufacturing or the refinishing
of manufactured articles.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
Any establishment having a source of income or compensation
derived from the practice of massage and which has a fixed place of
business where any person, firm, association or corporation engages
in or carries on the practice of massage.
Establishments containing the offices of one or more physicians,
dentists, physical therapists, pharmacists, optometrists and other
health care professionals primarily engaged in furnishing outpatient
medical, surgical, rehabilitative or other services to individuals.
This term includes, but is not limited to, clay, dolomite,
sand, gravel, rock, stone, earth, ore and other minerals.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Occupancy of a building or land for more than one type of
use.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added by Ord. No. 570,
8/2/2017]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, with
separate entrances and designed for year-round occupancy, primarily
for transient automobile travelers and providing for accessory off-street
parking facilities. The term "motel" includes buildings designated
as tourist courts, tourist cabins, motor lodges and similar terms.
Lower Swatara Township, Dauphin County, Commonwealth of Pennsylvania.
[Added by Ord. No. 596, 7/7/2021]
No-impact home-based business shall be permitted in all residential
districts of the Township as a use permitted by right, except that
such permission shall not supersede any deed restriction, covenant
or agreement restricting the use of land, nor any master deed, bylaw
or other document applicable to a common interest ownership community.
A no-impact home-based business must satisfy the following requirements:
[Added by Ord. No. 592, 4/1/2020]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
All nontower wireless communications facilities, including
but not limited to, antennae and related equipment. Nontower WCF shall
not include support structures for antennae and related equipment.
[Added by Ord. No. 596, 7/7/2021]
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants including the buildings,
structures and equipment customarily incidental and accessory to the
primary use.
A building with sleeping rooms where persons are housed or
lodged and furnished with meals, nursing care for hire and which is
approved for nonprofit/profit corporations licensed by the Pennsylvania
Department of Public Welfare for such use.
Any literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument or any other
written or printed matter which:
Depicts or describes in a patently offensive manner sexual conduct,
sexual excitement or sadomasochistic abuse or (in the case of articles
or instruments) is designed for use in achieving artificial sexual
stimulation.
Taken as a whole, appeals to the prurient interest.
Taken as a whole, does not have serious literary, artistic,
political or scientific value.
Any wall, dam, wharf, embankment, levee, dike, 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 down stream to the
damage of life and property.
Permit issued by the proper Township official allowing occupancy
of a building or structure after it has been determined that the building
meets all the requirements of applicable ordinances.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
A large tract of land that has been planned, developed and
operated as an integrated facility for a number of separate office
buildings and supporting ancillary uses with special attention given
to circulation, parking, utility needs, aesthetics and compatibility.
A room or rooms used for the carrying on of a profession
including, but not limited to, physicians, physical therapists, dentists,
architects, engineers, accountants, attorneys, real estate brokers,
insurance agents entitled to practice under the laws of the Commonwealth
of Pennsylvania or similar type.
A temporary storage area for a motor vehicle, trailer or
vessel that is directly accessible to a driveway, and which is not
located on a dedicated street right-of-way.
An area that is intended to provide light and air, and is
designed for either environmental, scenic or recreational purposes.
Open space may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas and watercourses. Open space shall not
be deemed to include driveways, parking lots or other surfaces designed
or intended for vehicular travel. Land used for recreation, resource
protection, amenity and/or buffers. In no event shall any area of
a lot constituting the minimum lot area nor any part of an existing
or future road or right-of-way be counted as constituting open space.
Open space within or related to a development, not in individually
owned lots or dedicated for public use, but which is designed and
intended for the common use or enjoyment of the residents of the development.
The keeping, in an unroofed area, of any goods, material,
merchandise or vehicles in the same place for more than 24 hours.
A use engaged in the sorting and distribution of parcels
to be transported to different locations and the loading and unloading
of such parcels, which is operated by a single entity as part of a
comprehensive operation in connection with a parcel delivery service
provider, and not as a truck terminal. Parcel delivery distribution
facilities may contain accessory storage, maintenance, and fueling
facilities for trucks and trailers in connection with the facilities
operations. Parcel delivery distribution facilities may also provide
limited services to the public for the shipment and pickup of individual
parcels.
[Added by Ord. No. 572,
10/18/2017]
(See also "garage, public.") An area not within a building
where motor vehicles may be stored for the purposes of temporary,
daily or overnight off-street parking. A tract of land used for the
temporary parking of motor vehicles when such use is not accessory
to any other use.
The development and use of parking areas on two or more separate
properties for joint use by the business on those properties.
An area on a lot and/or within a building intended for the
use of temporary parking of a personal vehicle. This term is used
interchangeably with parking stall. Each parking space must have a
means of access to a public street. Tandem parking stalls in single-family
detached, single-family attached and townhome residential uses shall
be considered to have a means of access to a public street. An unobstructed
space or area other than a street or alley that is permanently reserved
and maintained for the parking of one motor vehicle.
A common shared wall between two separate structures, buildings
or dwelling units.
Any individual or group of individuals, corporations, partnership
or any similar entity.
Land under unified control to be planned and developed as
a whole in a single development operation or a definitely programmed
series of development operations or phases. A planned development
includes principal and accessory structures and uses substantially
related to the character and purposes of the planned development.
A planned development is built according to general and detailed plans
that include not only streets, utilities, lots and building location,
and the like, but also site plans for all buildings as are intended
to be located, constructed, used and related to each other and plans
for other uses and improvements on the land as related to the buildings.
A planned development includes a program for the provisions, operations
and maintenance of such areas, facilities and improvements as will
be for common use by some or all of the occupants of the planned development
district, but which will not be provided, operated or maintained at
general public expense.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended and reenacted by Act 170 of 1988.[1]
The Lower Swatara Township Planning Commission, appointed
by the Board of Commissioners in accordance with the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[2]
A roofed structure projecting from the front, side or rear
wall of a building.
A building in which the primary use of the lot on which the
building is located is conducted. A structure or, where the context
so indicates, a group of structures in or on which is conducted the
principal use of the lot on which such structure is located.
The main use of land or structures, as distinguished from
a secondary or accessory use. The primary use and chief purpose of
a lot or structure.
A retail establishment that provides duplicating services
using photocopy, blueprint and offset printing equipment including
collating of booklets and reports.
A design for a small wireless communications facility that
has been reviewed and deemed to be in accordance with the design requirements
herein and approved for construction by the Municipality.
[Added by Ord. No. 596, 7/7/2021]
Not publicly owned, operated or controlled.
An active, registered professional engineer (P.E.), licensed
as such by the Commonwealth of Pennsylvania.
[Added by Ord. No. 596, 7/7/2021]
The practice of a profession by any professional, including
but not limited to attorney, physician, surgeon, osteopath, chiropractor
dentist, optician, optometrist, chiropodist, engineer, surveyor, architect,
landscape architect, planner or similar type entitled to practice
under the laws of the Commonwealth of Pennsylvania.
Is to be judged with reference to average adults unless it
appears from the nature of the material or the circumstances of its
dissemination, distribution or exhibition that it is designed for
clearly defined deviant sexual groups in which case the predominant
appeal of the matter shall be judged with reference to its intended
recipient group.
Owned, operated or controlled by a government agency (federal,
state, or local, including a corporation and/or board created by law
for the performance of certain specialized governmental functions).
Public grounds include the following:
A formal meeting held pursuant to public notice by the governing
body or planning agency intended to inform and obtain public comment
prior to taking action in accordance with the Pennsylvania Municipalities
Code, Act 247, as amended.[3]
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No. 93),
as amended.
[Amended at time of adoption of Code (see Ch. AO)]
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.
The surface of and space above and below any real property
in the Municipality in which the Municipality has a regulatory interest,
or interest as a trustee for the public, as such interests now or
hereafter exist, including, but not limited to: the total extent of
land reserved or dedicated as a street way/alley/lane for public or
private purpose: all streets, highways, avenues, roads, alleys, sidewalks,
tunnels, viaducts, bridges, skyways, or any other public place, area
or property under the control of the Municipality: any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the Municipality. The phrase "in the right(s)-of-way"
means in, on, over, along, above and/or under the right(s)-of-way.
[Added by Ord. No. 596, 7/7/2021]
Public utility transmission and distribution facilities including
substations and the like.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utilities Commission,
designed and used to support overhead electricity transmission lines.
[Added by Ord. No. 596, 7/7/2021]
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities. Public recreation areas are those owned and operated by
a unit of local government. Private recreation areas are those owned
and operated by a nonprofit organization and open only to bona fide
members and their guests. Commercial recreation areas are those operated
as a business and open to the public for a fee.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a wireless communications facility. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added by Ord. No. 570,
8/2/2017; as amended by Ord. No. 596, 7/7/2021]
Any establishment which carries on investigation in the natural,
physical, technical or social sciences or engineering and development
as an extension of such investigation with the objective of creating
end products.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
An establishment that serves food and beverages primarily
to persons seated within the building. This includes cafes, tea rooms
and outdoor cafes. A business establishment whose principal business
is the selling of unpackaged food to the customer in a ready-to-consume
state, in individual servings or in nondisposable containers, and
where the customer consumes these foods while seated at tables or
counters located within the building.
A retail outlet where food or beverages are sold, to a substantial
extent, for consumption by customers in parked motor vehicles. An
establishment that delivers prepared food and/or beverages to customers
in motor vehicles, regardless of whether or not it also serves prepared
food and/or beverages to customers who are not in motor vehicles,
for consumption either on or off the premises.
An establishment that offers quick food service which is
accomplished through a limited menu of items already prepared and
held for service or prepared, fried or griddled quickly or heated
in a device such as a microwave oven. Orders are not generally taken
at the customer's table, and food is generally served in disposable
wrapping or containers. Any establishment whose principal business
is the sale of foods, frozen desserts or beverages in ready-to-consume
individual servings, for consumption either within the restaurant
building or for carry-out, and where either: (a) foods, frozen desserts
or beverages are usually served in paper, plastic or other disposable
containers, and where customers are not served their food, frozen
desserts or beverages by a restaurant employee at the same table or
counter where the items are consumed; or (b) the establishment includes
a drive-up or drive-through service facility or offers curb service.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer and other
similar uses; generally, the right of one to pass over the property
of another.
A public or private thoroughfare for vehicular traffic and/or
pedestrian traffic, whether designated as a street, highway, thoroughfare,
parkway, road, avenue, boulevard, lane, alley or however designated.
Flagellation or torture by or upon a person who is nude or
clad in undergarments, a mask or bizarre costume or the condition
of being fettered, bound or otherwise physically restrained on the
part of one so clothed.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
A facility, not in a private residence, enrolling four or
more children no more than five years of age and where tuition, fees
or other forms of compensation for the instruction and care of the
children is charged. Such facility shall employ licensed personnel
and shall be licensed by the Commonwealth of Pennsylvania.
(See also "buffer yard.") The method by which a view of one
site from another adjacent site is shielded, concealed or hidden.
Screening techniques include fences, walls, hedges, berms or other
features. A device or materials used to conceal one element of a development
from other elements or from adjacent or contiguous development. Screening
may include one or a combination of the following materials of sufficient
mass to be opaque or that shall become opaque after 12 months and
which shall be maintained in an opaque condition: walls, berms or
plantings.
An establishment where liquids used as motor fuels are stored
and dispersed into the fuel tanks of motor vehicles by persons other
than the service station attendant and may include facilities available
for the sale of other retail products.
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household
goods or contractors supplies. A building or group of buildings in
a controlled access and fenced compound that contains varying sizes
of individual, compartmentalized and controlled access stalls or lockers
for the storage of customer's goods or wares.
(See also "garage, repair.") Any premises where gasoline
and other petroleum products are sold and/or light maintenance activities
such as engine tune-ups, lubrication, minor repairs and carburetor
cleaning are conducted. Service stations shall not include premises
where heavy automobile maintenance activities such as engine overhauls,
automobile painting and body fender work are conducted. Buildings
and premises where the primary use is the supply and dispensing at
retail of motor fuels, lubricants, batteries, tires and motor vehicle
accessories.
Actual or simulated acts of human masturbation, sexual intercourse
or any touching of the clothed or unclothed genitals, pubic areas
or buttocks of the human male or female or the breasts of the female,
whether alone or between members of the same or opposite sex or between
humans and animals.
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
A grouping of retail business and service uses on a single
site with common parking facilities. A group of stores planned and
designed to function as a unit for the lot on which it is located
with off-street parking provided as an integral part of the unit.
For the purposes of this chapter, a shopping center is defined as
a group of three or more stores on a single parcel of ground.
Any structure or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public.
A sign which directs attention to a use conducted, product
or commodities sold or service performed upon the premises.
Any sign lawfully existing on the effective date of this
chapter, or an amendment thereto, which renders such sign nonconforming
because it does not conform to all the standards and regulations of
the adopted or amended ordinance.
A sign intended for the painting, posting or otherwise displaying
of information inviting attention to any product, business, service
or cause not located on or related to the premises on which the sign
is situated.
A sign which projects horizontally from and is supported
by a wall of a building.
A sign relating to the property upon which it is located,
offering such property for sale or lease, announcing improvements
or changes in connection therewith, warnings or other similar notices
concerning such property.
Any device or structure erected for advertising or identification
purposes upon or above the roof of any building or structure or part
thereof.
A sign which is incidental to a use lawfully occupying the
property upon which the sign is located which sign is necessary to
provide information to the public such as direction to parking lots,
location of rest rooms or other such pertinent information.
A temporary sign shall be construed to mean any sign, banner,
cardboard or other material carrying an advertisement or announcement
which is displayed or intended to be displayed for a period not exceeding
ordinance requirements.
A sign painted on or affixed to and paralleling the outside
wall of a building, and extending not more than 12 inches from such
wall.
A scaled graphical depiction of the proposed development
of a lot, parcel or tract of land describing all covenants assigned,
as well as, accurately depicting the use, location and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-way, easements, parking facilities,
open space, public facilities and utilities, setbacks, height of buildings
and structures and other such data necessary for municipal officials
to determine compliance with this chapter and appropriate provisions
of other such ordinances as they may apply.[4]
A wireless communications facility that meets the following
criteria:
[Added by Municipal Authority Res. No. 2020-R-2, 4/9/2020]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added by Ord. No. 570,
8/2/2017]
That portion of any building included between the surface
of any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it.
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not over
three feet above the finished floor of such story.
A public or private right-of-way constructed to municipal
standards which affords primary vehicular traffic or pedestrian access
to abutting properties which includes avenue, boulevard, road, highway,
freeway, parkway and viaduct, but shall not include an alley for the
purpose of this chapter.
A major street or highway which carries traffic from minor
streets to arterial streets, including the principle entrance streets
of a residential development and streets for circulation within such
a development.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The dividing line between the street and the lot, also known
as the "right-of-way line."
A street used primarily for access to abutting properties.
The distance between street right-of-way lines measured at
right angles to the center line of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. For floodplain
management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well
as a manufactured home.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A structure without any foundation or footings and which
is to be removed when the designated time period, activity or use
for which the temporary structure was erected has ceased.
One or more dwelling units primarily occupied by two or more
related or unrelated adult individuals enrolled in a program of study
at an educational institution, college or university, trade school
or similar entity. This definition does not include residential dormitories.
Moreover, this definition shall not prevent the minor children of
individuals residing in student housing to also reside in student
housing with their parents or legal guardians.
A building or portion of a building used as a place of work
by an artist, photographer or artisan or used for radio or television
broadcasting.
The use of a premises by a teacher of music or dancing where
students are taught these arts for a fee. This term is synonymous
with "dancing school" and "music school," and other similar expressions.
(See "land development.") 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 residential
dwelling, shall be exempted.
Any repair, alteration, reconstruction or improvement of
a structure and/or use the cost of which equals or exceeds 50% of
its market value either:
Before improvement is started; or
If the structure has been damaged and is being restored before
the damage occurred. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either any project
for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions or any alteration to a structure
listed on the National Register of Historic Places or the State Inventory
of Historic Places.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or wireless
support structure if it meets any of the following criteria:
[Added by Ord. No. 570,
8/2/2017; as amended by Ord. No. 596, 7/7/2021]
For wireless communications facilities outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
wireless communications facilities in the rights-of-way, it increases
the height of the facility by more than 10% or 10 feet, whichever
is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the tower by more than 20 feet, or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those wireless communications facilities
in the public rights-of-way, it protrudes from the edge of the structure
by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation of deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the wireless communications facility
unless the noncompliance is due to an increase in height, increase
in width, or addition of cabinets.
The extraction of minerals from the earth, from waste or
stock piles or from pits or banks as activities conducted upon the
surface of the land which require the removal of overburden, strata
or material overlying, above or between the minerals or by otherwise
exposing and retrieving the minerals from the surface. These activities
include, but are not limited to, strip, drift, auger and open pit
mining, quarrying, leaching, box cutting, and activities related thereto.
Mining activities carried out beneath the surface by means of shafts,
tunnels or other underground mine openings are not included in this
definition.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 24 inches below the level of the surrounding
land or an above-surface pool, having a depth of more than 24 inches,
designed, used and maintained for swimming and bathing.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid admission basis.
A self-supporting lattice tower, guy tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting wireless service
[Added by Ord. No. 596, 7/7/2021]
A tower and its supporting antennae, including, but not limited
to, self-supporting lattice towers, guy towers and monopoles. Distributed
antennae system hub facilities are considered to be tower-based WCFs.
[Added by Ord. No. 596, 7/7/2021]
A use which is primary and inherent as opposed to secondary
and incidental, and is associated with certain knowledge or beliefs
derived from statements of contemporary persons and handed down through
a considerable period of time.
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal. A building or area
in which freight brought by truck is assembled and/or stored for routing
or reshipment or in which semitrailers, including tractor and/or trailer
units and other trucks, are parked or stored.
A zoning district in which all utility installations are
required to be installed underground on a nondiscriminatory basis.
[Added by Ord. No. 596, 7/7/2021]
Any lot which has not been graded or in any other manner
prepared for the construction of a building.
The specific purpose for which land or a building is designated,
arranged, intended or for which it is or may be occupied or maintained.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment or such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
Any use allowed in a zoning district and subject to the regulations
applicable to that zoning district.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
Relief granted by the Zoning Hearing Board from technical
requirements of this chapter which if strictly adhered to would inflict
unnecessary hardship upon the applicant. Procedures and criteria for
granting such relief shall comply with the Pennsylvania Municipalities
Code, Act 247, as amended.[5]
Such cover shall consist of trees, shrubs, flowers, grass
or similar natural cover.
A building used primarily for the storage of goods and materials.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, but excluding bulk storage of materials
that are inflammable or explosive or that create hazardous or commonly
recognized offensive conditions.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added by Ord. No. 570,
8/2/2017]
A device which converts wind energy to mechanical or electrical
energy.
The blades, plus hub to which the blades are attached, that
are used to capture wind for purpose of energy conversion. The wind
rotor is used generally on a pole or tower and, along with other generating
and electrical storage equipment, forms a wind energy conversion system.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. No. 570,
8/2/2017]
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added by Ord. No. 596, 7/7/2021]
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the provision of wireless service
and any commingled information services.
[Added by Ord. No. 596, 7/7/2021]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services. WCF include both wireless telecommunications
towers and wireless telecommunications antennas.
[Added by Ord. No. 570,
8/2/2017]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
[Added by Ord. No. 570,
8/2/2017]
Any person that owns or operates a wireless communication
facility in the public rights-of-way or other Municipal-owned land
or private property.
[Added by Ord. No. 596, 7/7/2021]
For the purposes of wireless communications, any man-made
object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land, upon or to which wireless
communications facilities may be attached, approved by the Municipality.[6]
[Added by Ord. No. 570,
8/2/2017; as amended by Ord. No. 596, 7/7/2021]
An unoccupied space, outside the building setback lines,
other than a court, open to the sky, on the same lot with a building
or structure.
A strip of required yard space adjacent to the boundary of
a property or district, not less than the width designated in this
chapter and on which is placed (planted) year-round shrubbery, hedges,
evergreens or other suitable plantings of sufficient height and density
to constitute an effective screen and give maximum protection and
immediate screening to an abutting property or district and may include
a wall, as provided for in this chapter.
An open, unoccupied space between a building and the property
boundary or street line.
An open unoccupied space on the same lot with a building,
extending the full width of the lot and situated between the street
line and the building line projected to the side lines of the lot.
The depth of the front yard shall be measured between the front building
line and the street line.
An open, unoccupied space between buildings of a building
group, all of which are located on the same lot.
A yard located between a primary or accessory building and
the rear lot line upon which the building is located, as prescribed
by the provisions of this chapter.
An open unoccupied space on the same lot with a building
and situated between the building and the side line of the lot and
extending from the front yard to the rear yard. Any lot line not a
rear line or a front line shall be deemed a side line.
The Lower Swatara Zoning Hearing Board appointed by the Board
of Commissioners in accordance with the Pennsylvania Municipalities
Planning Code, Act 247, as amended.[7]
The map setting forth the boundaries of the zoning districts
of the Township which shall be part of this chapter.
The duly constituted Township official designated to administer
and enforce this chapter. The Zoning Officer shall administer this
chapter in accordance with its literal terms.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: The former definitions of "solar access," "solar
skyspace," and "solar skyspace easement," which immediately followed,
were repealed by Ord. No. 607, 5/17/2023.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: The former definitions of "wireless telecommunications
antenna," and "wireless telecommunications tower," which immediately
followed, were repealed by Ord. No.
596, 7/7/2021.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
