For the purpose of this chapter, the following
rules of interpretation shall apply:
A.
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation, as well as an individual.
B.
The present tense includes the future tense.
C.
The singular number includes the plural, and the plural
number includes the singular.
D.
The word "shall" is mandatory; the word "may" is permissive.
E.
The words "used" or "occupied" include the words "intended,
designated or arranged to be used or occupied."
F.
The word "lot" includes the words "plot" or "parcel."
[Amended 12-21-2009 by Ord. No. 845; 12-17-2012 by Ord. No. 869]
The following words and phrases shall have the
particular meanings specified for the purpose of interpreting this
chapter:
To cease or discontinue a use or activity without the intent
to resume, but excluding temporary or short-term interruption to a
use or activity during remodeling, maintaining, or otherwise improving
or rearranging a facility or during normal periods of vacation or
seasonal use.
A use, building or structure, part of a building or other
structure which is subordinate to, and the use of which is incidental
to, that of the main building, structure or use on the same lot, including
a private garage. If an accessory building is attached to the main
building by a common wall or roof, such accessory building shall be
considered a part of the main building.
A building or structure containing an accessory use and located
on the same lot with the principal use or structure that is subordinate
and incidental to the main or principal structure permitted on a lot,
including, but not limited to, accessory storage buildings, gazebos,
greenhouses for personal use, garages, swimming pools, decks, fences,
signs and similar structures. Where accessory structures are attached
to the main or principal structure, setbacks for the principal use
shall apply. Accessory structures are not permitted where a principal
use or structure has not been erected on the lot.
Any building used exclusively for storage that will not be
intended for human occupancy of the structure, which is on the same
lot with and is subordinate to and customarily incidental to the principal
use of the lot, including, but not limited to, a lawn and garden shed
accessory to a dwelling, a cooler accessory to a restaurant or food
store and an equipment shed, trailer, lean-to or shed accessory to
a commercial or industrial building.
A use or activity that is subordinate and incidental to the
principal use or structure of the property and that may occupy a separate
structure and/or area on or in the ground and is not permitted unless
developed at the same time as, or later than, the principal permitted
use, including but not limited to a private greenhouse, loading space,
private garage or parking area, farm buildings (e.g., barn, silo,
etc.), sign, wall or fence, private kennel or stable.
See "recreation, active, high-impact."
See "recreation, active, low-impact."
The reuse of an existing use and structure in combination,
whether legally nonconforming or conforming, and considered a minor
land development for a use permitted by right in the district.
See "day-care centers, adult."
ADULT ARCADEAny establishment where the public is permitted or invited wherein coin-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed are sexually explicit or depict nudity, seminudity or sexual conduct.
ADULT BOOKSTORE or ADULT VIDEO STOREAny commercial establishment having a substantial or significant portion of its stock-in-trade (materials offered for sale or rental to the public) including but not limited to videos, compact discs, movies, books, magazines and other publications or media which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein; or an establishment in which 5% or more of its display area or 5% or more of its inventory is devoted to the sale or display of such material.
ADULT OR SEXUALLY ORIENTED BUSINESS OR SERVICEEstablishments where a substantial portion of the use is related to adult reading or viewing materials, visual representations, performances, or services characterized by an emphasis upon specific sexual activities or anatomical areas. These include adult arcades, adult motels, adult bookstores or video stores, adult movie or motion-picture theaters, adult-only entertainment establishments, adult mini movie theaters, adult movie houses, adult cabarets, escort agencies or services, nude model studios, sexual encounter centers, sexually oriented spas, and/or adult live theaters.
ADULT CABARETAn establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas and/or features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.
ADULT ENTERTAINMENTMovies, videos, still or motion pictures, photographs, slides, films or other visual representations, books, magazines or other printed material or live dramatic, musical or dance performances which are sexually explicit or depict nudity, seminudity or sexual conduct, as defined herein.
ADULT MASSAGE PARLOR OR SEXUALLY ORIENTED SPAAn establishment which provides massages of all kinds, during which nudity or sexual conduct is displayed, but not including massage therapy practiced by or under the supervision of a medical practitioner such as a medical doctor, physician, chiropractor or similar professional licensed by the commonwealth.
ADULT MATERIALSMedia, matter, or services distinguished or characterized by the emphasis on specified sexual anatomical areas or specified sexual activities. Adult materials may include books, magazines, newspapers, periodicals, pamphlets, posters, prints, pictures, photographs, slides, transparencies, figures, images, descriptions, motion-picture films, videos, compact discs, laser discs, DVDs, phonographic records, tapes, or other printed matter, visual representations, tangible devices or paraphernalia designed for use in connection with specified sexual activities, or any service capable of arousing prurient interest through sight, sound or touch.
ADULT MINI MOTION-PICTURE AND/OR MINI MOVIE THEATERAn enclosed building with a capacity for accommodating fewer than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas, and/or which shows films rated "X" by the Motion Picture Coding Association of America for public viewing and/or for observation by patrons therein.
ADULT MOTELA hotel, motel or similar commercial establishment that offers accommodation to the public for any form of consideration, provides patrons with adult motion pictures by means of closed-circuit television transmissions, films, videocassettes, DVDs, slides, or other photographic reproductions that are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, and has a sign visible from the public right-of-way that advertises the availability of adult and/or sexually explicit materials along with room rentals, or offers a sleeping room for rent for a period of time that is less than 10 hours, or allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE AND/OR MOVIE THEATERAn enclosed building with a capacity for accommodating 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas, and/or which shows films rated "X" by the Motion Picture Coding Association of America for public viewing and/or for observation by patrons therein.
ADULT NEWSRACKAny coin-operated machine or device which dispenses printed material substantially devoted to the depiction of nudity or sexual conduct, as defined herein.
ADULT NIGHTCLUBAny establishment, including private clubs, which serves food and/or beverages, whether or not the consumption of alcohol is permitted on the premises, and which offers entertainment, either live or recorded, exhibiting nudity or sexual conduct, as defined herein, or which provides service by waitpersons who exhibit nudity or sexual conduct as defined herein.
ADULT-ONLY ENTERTAINMENT ESTABLISHMENTAn establishment where the patron directly or indirectly is charged a fee; where the establishment features entertainment or services which constitute adult material or which features exhibitions, dance routines, gyrational choreography, persons exhibiting specified sexual anatomical areas, strippers (male or female), female impersonators, or similar entertainment or services which constitute adult material.
ADULT SERVICESAn adult arcade, adult bookstore, adult massage parlor, adult motel, adult mini motion-picture theater, adult motion-picture theater, adult newsrack, adult nightclub, bathhouse, body painting studio, internet cafe, escort service or any other establishment or organization offering adult entertainment, as defined herein.
ADULT THEATER/LIVE THEATERAny commercial establishment which features live shows for public viewing in which all or some of the performers display nudity or engage in sexual conduct, as defined in this chapter.
ESCORT SERVICE OR AGENCYA business that provides a service by appointment or upon request where individuals leave one premises and go to another premises for a specified period of time for the purpose of engaging in nudity or sexual conduct as defined herein.
INTERNET SWEEPSTAKES CAFESGenerally, "internet sweepstakes cafes" are consumer sales promotions that involve the use of computer-generated games following the purchase of a game card which entitles the purchaser to a phone card or a set amount of network access time (NAT). If the purchaser chooses, he or she can use the game cards to play online Vegas-style computer games. In playing these games, the purchaser can win more internet time and points that have no cash value (both of which are predetermined at the time the game card is purchased), but give them chances in sweepstakes where they can win money and/or prizes. Unless specifically used, the NAT or phone minutes never decrease while the purchaser plays the computer-generated games.
NUDE MODEL STUDIOAny place where a person who exhibits specified sexual anatomical areas is to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. A nude model studio shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or a college, junior college, or university supported entirely or in part by public taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation, or in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a person exhibiting specified sexual anatomical areas is available for viewing, where, in order to participate in a class, a student must enroll at least three days in advance of the class, and where no more than one person exhibiting specified sexual anatomical areas is on the premises at any one time.
SEXUAL ENCOUNTER CENTERAn enterprise that, as one of its principal business purposes, for any form of consideration, offers activities or physical contact, including wrestling or tumbling, between male and female persons and/or persons of the same sex when one or more of the persons exhibits or displays specified sexual anatomical areas for the purpose of specified sexual activities.
The production principally for the sale to others of plants,
animals or their products, including, but not limited to, organic
fruits and vegetables, hydroponic vegetables, herbs, baked goods,
wine, preserves, cider, wool, grain and feed crops, dairy animals
and dairy products, beef cattle, poultry, sheep, bees and apiary products
and nursery ornamental and greenhouse products, on properties having
an area of at least five acres but less than 10 acres. Agribusinesses
shall not include swine production or feedlot operations.
A structure on land used for an agricultural operation, designed,
constructed and used to store farm implements, hay, grain, fruit or
other agricultural products or to house livestock or poultry. An agricultural
accessory structure shall not be used for human habitation or processing,
treating or packaging agricultural products.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
The scientific investigation, research, testing, experimentation
or engineering leading to the production of knowledge or end products
which improve the practice of agriculture, including:
Customary agricultural research and development.
Agricultural research and development concerned with the improvement
of crops and/or soil.
Specialized agricultural research and development.
Agricultural research and development concerned with genetic
engineering or other aspects of livestock breeding improvement.
Any use of land or structures for farming, dairying, pasturage,
horticulture, floriculture, arborculture, or animal or poultry husbandry,
or the producing for sale or use, as a principal activity or use of
the premises, of domestic livestock, dairy products, poultry, eggs,
fruit, vegetables or other such crops typical of the locality; the
work of cultivating the soil, producing crops, fowl or livestock,
including the storage of farm equipment; but not including the raising
of fur-bearing animals, agricultural research and development, boarding
stables or riding academies, commercial composting or kennels, which
are separately defined herein and regulated as a use by special exception
under the terms of this chapter. Accessory structures permitted in
conjunction with an agricultural use may include barns, stables, corn
cribs, silos, and any other use or structure that is clearly related
to an agricultural operation.
Any area of land, either public or private, 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 and facilities thereon. "Airports" shall not include
heliports.
The highest point of an airport's usable land area measured
in feet above sea level.
A public or private right-of-way which provides secondary
access to a property or properties which is not the only means of
access for any property and is not intended for general traffic circulation.
Any change, addition or modification to an existing structure
that increases the height, volume, lot coverage or gross floor area
of the principal or accessory structure; or any change in the structural
members of a building, such as load-bearing walls, columns, beams
or girders; or the moving of an existing structure from one location
to another on the same site.
Any change in this chapter or the Official Zoning District
Map, including the addition of new requirements, revision of existing
requirements or deletion of obsolete requirements, officially approved
by the municipal governing body necessitating public hearings and
other approvals in accordance with procedures detailed in this chapter
before becoming effective.
A business establishment having on its premises, and available
for play by the public, at least four coin-operated amusement devices;
or a part of a business establishment including at least four coin-operated
amusement devices, the remainder of which is devoted to a permitted
use, an approved conditional use or a nonconforming use.[1]
Cattle, calves, horses, mules, swine, sheep, goats, poultry
or other similar birds and animals.
Domesticated birds commonly associated with farms and used
for eggs or meat, including chickens, ducks, geese, and turkeys.
Any member of a species of animal, reptile, or bird, warm-
or cold-blooded, that is not indigenous to the area or is not classified
or considered as wildlife, livestock, or a domestic animal.
An establishment for the medical or surgical treatment of
animals and pets, including the boarding of hospitalized animals and
animals not subject to medical or surgical treatment.
A facility that is used to house or contain animals and is
owned, operated, or maintained by a nonprofit corporation for the
purpose of providing temporary kenneling and finding permanent adoptive
homes for animals.
See "sign, animated."
A signal-receiving device (antenna, dish antenna, or dish-type
antenna) that receives communications or other signals from satellites
in earth orbit or other extraterrestrial sources; or a low-noise amplifier
which is situated at the focal point of the receiving component to
magnify, store, transfer, or transmit electronic or light signals.
[Amended 12-18-2017 by Ord. No. 897]
A room, or suite of two or more rooms, designed as a dwelling
unit for one family in a residential building containing at least
one other similar dwelling unit. Such room or suite of rooms shall
include cooking, bathing, food storage and toilet facilities for the
exclusive use of the resident(s) of the room or suite of rooms and
shall have access directly or via a common hallway to the outside.
A residential structure including at least two apartments.
A room or suite of rooms designed or intended for occupancy
or housekeeping by one family, which is established in a portion of
a building originally used or designed for residential use by a single
family, such room or suite of rooms containing cooking, bathing, food
storage and toilet facilities.
A one-room apartment, plus toilet. It shall contain kitchen,
sanitary and bedroom facilities for the use of not more than two persons.
A building designed for or containing both apartments and
individual guest rooms or suites, or rooms and apartments catering
to permanent tenants but not transients, and which may furnish dining
room service for the exclusive use of its tenants.
A building or a portion of a building designed for occupancy
by three or more families living separately from each other and containing
three or more dwelling units, each with its own cooking, food storage,
bathing and toilet facilities.
Establishments primarily engaged in the provision of selling,
servicing and repairing appliances to individuals or households, rather
than businesses, but excluding automotive or equipment repair, and
including, but not limited to, bicycles, watches or jewelry, musical
instruments or household appliances.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to the start of construction or development,
including, but not limited to, an application for a building permit,
for the approval of a subdivision plat or plan, or for the approval
of a land development plat or plan.
See "shooting range."
Any projection, relief, cornice, column, change of building
material, window, or door opening on any building.
Area of a lot or site shall be calculated from dimensions
derived by the horizontal projection of the lot or site.
See "street, arterial."
Plans and profiles prepared by an engineer or surveyor showing
the exact location, size, grade, and depth of all public improvements
after completion, including Y-branches and laterals for future connections.
A room, hall or building used for lectures, meetings and
gatherings, other than a religious convocation.
See Subsection I under "dwelling types."
A structure or enclosure where goods, wares, merchandise,
or equipment is sold by auction to the highest bidder. This definition
excludes the sale of livestock or motor vehicles.
A person or individual having the legal power of attorney
for another person or company.
An occupancy which provides for:
The servicing of motor vehicles and limited operations incidental
thereto, including the retail sale of petroleum products, tires, automotive
accessories, and traveler needs directly to the motorist, but not
including auto body repair or painting or the long-term storage of
wrecked or junked cars.
The following operations/minor repairs, if conducted within
an enclosed building, are included in this definition only if the
retail sales of petroleum products is a part of the operation: automobile
washing by hand; waxing and polishing of automobiles; tire changing
and repair (excluding recapping or retreading); battery service, charging
and replacement (excluding repair and rebuilding); radiator cleaning
and flushing (excluding steam cleaning and repair, and installation
of accessories); lubrication of motor vehicles; brake servicing, limited
to servicing and replacement of brake cylinders, lines and brake shoes;
wheel balancing; the testing, adjustment and replacement or servicing
of carburetors, coils, condensers, distributor caps, fan belts, filters,
generators, points, rotors, spark plugs, voltage regulators, water
and fuel pumps, water hoses, windshield wipers, and wiring; the conduction
of state safety and emissions inspections; and the operation of a
convenience store.
An open area, other than a street, used for the display,
sale and/or rental of new and/or used automobiles, boats, and/or trailers
and where no repair work is done except minor incidental repair, excluding
body and fender work or spray painting of automobiles, boats or trailers
that are to be displayed, sold or rented on the premises.
Any person, corporation or enterprise engaged in automobile
wrecking.
The dismantling or wrecking of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, obsolete or wrecked
vehicles or their parts.
Any premises devoted wholly or in part to the dismantling
or wrecking of motor vehicles or trailers, the storage, accumulation,
recycling, sealing or the processing of junk or abandoned vehicles,
and/or the sale or dumping of dismantled or partially dismantled,
obsolete or wrecked vehicles or their parts. The collection and/or
storage of two or more motor vehicles or trailers not in running condition
or which do not have valid and current registration and a current
and valid inspection sticker as required by the Motor Vehicle Code
of the Commonwealth of Pennsylvania[2] shall be construed to be an automobile wrecking or salvage
yard.
Any land, building, structure or premises used for the general
repair, engine rebuilding or reconditioning of motor vehicles, collision
service such as body, frame, and fender straightening and repair,
and painting of motor vehicles. Towing may also be provided as an
accessory use in commercial districts.
A temporary or permanent structure extending out and over
the upper part of a door, window, or porch and serving as protection
from sun or precipitation, distinguished from a canopy by the lack
of structural supports attached to the ground.
Any sign of lightweight fabric or similar material that may
or may not be permanently mounted to a pole, natural features, or
vegetation, or to a building by a permanent frame at one or more edge.
National, state or municipal flags shall not be considered banners.
The portion of a farm property set aside to contain farm
animals when not grazing or quartered in a barn.
A business that sells alcoholic beverages for consumption
on the premises as the principal use and that may offer food for consumption
on the premises as an accessory use.
That portion of a building having at least 1/2 of its height
below the average grade of the adjoining ground.
The average elevation of the proposed grade line of the ground
at the front of the structure as shown on the construction plans;
in the case of a structure abutting the front property line, the elevation
of the curb in front of the center of the structure or, if there be
no curbing, the elevation of the proposed grade line at the center
of the front lot line. In case no grade line is established, the actual
grade of the traveled roadway shall apply.
An establishment that provides baths of all kinds, including
methods of hydrotherapy, during which nudity or sexual conduct is
displayed, not including hydrotherapy treatment practiced by or under
the supervision of a medical practitioner, such as a medical doctor,
physician, chiropractor or similar professional licensed by the Commonwealth
of Pennsylvania.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same premises as the
light source; also, any light with one or more beams that rotates
or moves.
A single-family dwelling that is the principal residence
of the operator, where sleeping rooms are offered to transient overnight
guests for compensation and where meals are provided only to overnight
guests.
An establishment operated by a resident where 15 or fewer
sleeping rooms are offered to transient overnight guests for compensation
and where breakfast is included with the accommodations and where
meals may or may not be served to the general public.
That portion of a street lying on either side of a cartway
between the edge thereof and the adjacent road ditch, intended primarily
for stopping and parking purposes.
Any sign, as defined herein, that advertises an establishment,
person, activity, product or service that is unrelated to or not available
on the premises on which the sign is located.
See Subsection H under "dwelling types."
See Subsection J under "dwelling types."
The keeping of horses and ponies owned by persons other than
the owner of the stable, or the rental of horses owned by the owner
of the stable for a fee or other compensation, which may include training
of horses, riding lessons or riding facilities. A minimum of 10 acres
is required.
Any establishment that provides the service of applying paint
or other substance, whether transparent or nontransparent, to or on
the human body in a state of nudity, as defined herein.
A planted strip of land providing visual and environmental
separation between conflicting land uses and protecting more exclusive
areas from those that could deteriorate their value.
A landscaped area which shall be planted and maintained in
trees, grass, ground cover, shrubs, bushes or other natural landscaping
material consisting of a mix of types and sizes of plant material
that, within three years of planting, meets the standard of providing
a compact year-round visual screen at least six feet in height, or
an existing or constructed natural barrier that duplicates the effect
of the required buffer area, within which no structure is permitted
except a wall or fence.
That portion of a zoned lot bounded by the required front,
side, and rear yards. When a yard is not required, the buildable area
is the lot line.
Any man-made structure having a roof, including mobile homes
and trailers. When a use is required to be within a building, or where
special authority granted pursuant to this chapter requires that a
use shall be within an entirely enclosed building, then the term "building"
means one so designed and constructed that all exterior walls of the
structure shall be continuous from the ground to the roofline and
shall contain no openings except for windows and doors which are designed
so they may be closed. (See also "completely enclosed building" and
"structure.")
The individual authorized by the municipality to be the administrator
of the daily application of the provisions of this chapter. The Building
or Zoning Officer shall hold no elective office, have a working knowledge
of zoning, and meet the qualifications established for the position
by the municipality.
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.
That wall of the building that faces the front lot line,
regardless of which way the building is oriented.
The vertical distance measured from the basic grade at the
front wall of the building to the highest point of the roof adjacent
to the front wall for flat roofs; to the deckline for mansard roofs;
or to the mean height between the eaves and the highest ridge for
gabled, hip or gambrel roofs; and to the highest point on the roof
for other types of roofs. Chimneys, spires, towers, domes, masts,
mechanical penthouses, tanks, aerials and similar projections, other
than signs, shall not be included in calculating the height, provided
that they do not exceed the height limitation of the district by more
than 15 feet and do not constitute more than 25% of the total surface
area of the roof.
A line parallel to the front, side or rear lot lines, set
so as to provide the required building setback (yard).
An imaginary line located on the lot at a fixed distance
from the street right-of-way line across the front of a property and
interpreted as being the nearest point that a building may be constructed
relative to the street right-of-way for the zoning district in which
the property is located. The front building line shall limit the location
of porches and similar construction, except steps, to the face of
this line.
The building housing the principal use of the lot on which
it is located.
See "sign, building-mounted."
A building supported upon a foundation extending into the
ground and constructed thereon, but not capable of being towed away
later in one or several components.
A document issued by the municipality attesting that a proposal
for construction meets all related requirements of this chapter and
other applicable requirements relative to the development and/or proposed
construction, authorizing construction to commence, and indicating
compliance with all applicable requirements of the Uniform Construction
Code (UCC).
The purchase, sale, offering for sale, or other transactions
involving the handling or disposition of any article, service, substance
or commodity for livelihood or profit; or the management or occupancy
of office buildings, offices, recreational or amusement enterprises;
or the maintenance and use of buildings, offices, structures or premises
by professionals and trades and/or persons rendering services.
A permanent roofed structure with supporting columns erected
to protect sales and display areas or gasoline dispensing areas from
the weather, not including any canvas, plastic, fabric or similar
roofing material.
See "sign, canopy."
A structure to house or protect motor vehicles, which is
open to the weather for at least 30% of the total area of its four
sides.
A detached residential use of an accessory nature on at least
a three-acre lot, designed to provide separate occupancy for family
members and/or household employees.
The paved area of a street between the curbs, including travel
lanes and parking areas, but not including shoulders, curbs, sidewalks,
or swales. If curbs are lacking and parking is restricted to the shoulders,
the "cartway" is defined as the travel way.
A facility, whether automatic, semiautomatic or manual, for
washing vehicles, including detailing of vehicles.
That portion of a building having 1/2 or more of its height
below the average grade of the adjoining ground.
Property used or intended to be used for interring deceased
humans and/or domestic pets, including family plots, crematories,
mausoleums, and mortuaries, and that may include, as an accessory
use, the sale of burial items, such as caskets, monuments and urns,
if operated in connection with and within the boundaries of such cemetery,
also for which perpetual care and maintenance is provided.
See "sign, changeable letter."
The removal of a property or properties from one zoning classification,
and the assignment of the property or properties to a different classification.
A person or business that, for compensation, engages, in
whole or in part, in the business of cashing checks, warrants, drafts,
money orders, or other commercial paper serving the same purpose.
A check-cashing facility does not include a chartered bank, savings
association, credit union, or industrial loan company, nor does it
include a retailer engaged primarily in selling consumer goods to
retail buyers that cash checks or money orders for minimum flat fees
as a service that is incidental to its main purpose of business.
A building, other than a single-family dwelling or two-family
dwelling, where a nonprofit organization conducts worship and/or religious
instruction on a regular basis and that may include administrative
offices, social rooms, classrooms, day nurseries and other uses accessory
thereto related to its mission and outreach.
The triangular area between the intersecting center lines
of two streets, alleys or roadways, and an imaginary line(s) connecting
the points 75 feet from the point of intersection along each of the
streets, alleys or roadways. Where an urban collector or arterial
roadway is one or both of the intersecting roadways, the lineal distance
from the point of the intersections is extended to 150 feet.
An establishment where several practitioners offer a range
of related services to human patients, including, but not limited
to, medical, dental, chiropractic, psychological and surgical diagnosis,
treatment and/or counseling provided under the care of practitioners
licensed by the commonwealth and their supporting staff, where said
patients are not provided with board or room, nor kept overnight on
the premises, but where no surgery other than minor or emergency surgery
is performed.
An incorporated or unincorporated association of persons
organized for a social, athletic, educational, literary or charitable
purpose. Property occupied by a club shall be deemed to be semiprivate
in character and shall be subject to the municipality's regulations
governing public buildings and places, excluding groups organized
primarily to render a service which is normally considered a business.
A residential development designed to concentrate buildings
in specific areas on a site, in order to allow remaining land to be
used for recreation, common open space, or the preservation of historically
or environmentally sensitive features. This concentration is accomplished
through ownership in common of open space by a homeowners' association,
with individual ownership in fee of a particular dwelling unit or
building, wherein each individual has an absolute title to his or
her dwelling unit.
[Added 12-18-2017 by Ord.
No. 897]
A mechanical, electronic or electrical machine which becomes
ready to play by one or several operators upon the insertion of a
coin or coins and which depends on the skill and competence of operators
competing among themselves or competing against the machine for a
prize or recognition. Each device shall be located so that a floor
area of at least 15 square feet is maintained free of obstruction
in front of, and/or on either side of, each device, and, in addition,
an aisle at least four feet in width is provided leading from the
area containing the device(s) to building exits.
See "street, collector."
Any communications antenna that is operated by any agency
or corporation other than any agency or authority of the municipality,
Butler County, or the Commonwealth of Pennsylvania, or by any police,
fire, emergency medical service or emergency management agency.
[Amended 12-18-2017 by Ord. No. 897]
Any communications tower that is operated by any agency or
corporation other than any agency or authority of the municipality,
Butler County, or the Commonwealth of Pennsylvania, or by any police,
fire, emergency medical service or emergency management agency.
[Amended 12-18-2017 by Ord. No. 897]
An operation engaged in a controlled process of degrading
organic matter utilizing microorganisms for the purpose of selling
the end product.
Any wording, logo, or other representation (excluding telephone,
paging or other communications numbers) that directly or indirectly
names, addresses or calls attention to a business, product, service
or other commercial activity.
An occupation or enterprise involving the disposition of
any article, substance, commodity or service, conducted for profit.
A secondary or higher educational facility primarily teaching
usable skills that prepare students for jobs in a trade or the arts.
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
See "wind farm, commercial."
An area of land or 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; also, an
area of land owned and maintained by an organization for the benefit
of those holding memberships in that organization.[3]
Any structure designed for transmitting or receiving wireless
communications of video, voice, data or similar transmission, including,
but not limited to, omnidirectional or whip antennas, direction or
panel antennas and satellite or microwave dish antennas, when such
structure results in a freestanding structure height of 40 feet or
less from existing grade or, in the case of an antenna mounted upon
a building, a height of 10 feet or less from point of attachment to
the building when measured to the highest point.
[Added 12-18-2017 by Ord.
No. 897]
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground of not greater than 250 square feet.
[Added 12-18-2017 by Ord.
No. 897]
Any structure, whether freestanding or attached to a building,
including monopole, self-supporting and guyed towers designed to support
multiple essential communications antennas on one or more of the following
types of mounts: rotatable platform, fixed platform, multipoint or
sidearm mounts and pipe mounts for microwave dish antennas, when such
structure results in a height of greater than 40 feet from existing
grade. The height of a communications tower is to be determined by
the vertical distance measured from the level of existing grade to
the highest point on a communications tower, including antennas mounted
on the tower.
[Added 12-18-2017 by Ord.
No. 897]
A statement required by the Pennsylvania Municipalities Planning
Code[4] to appear in a zoning ordinance, demonstrating that the
ordinance is based on a municipal master plan relative to land use,
population density and location of streets and utilities.
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid form from two
or more lots, and the treatment and/or disposal of the sewage or industrial
waste on one or more of the lots or at any other site.
In basic terms, CSA consists of a community of individuals
who pledge support to a farm operation so that the farmland becomes,
either legally or spiritually, the community's farm, with the growers
and consumers providing mutual support and sharing the risks and benefits
of food production. Typically, members or shareholders of the farm
or garden pledge in advance to cover the anticipated costs of the
farm operation and farmer's salary. In return, they receive shares
in the farm's bounty throughout the growing season, as well as satisfaction
gained from reconnecting to the land and participating directly in
food production. Members also share in the risks of farming, including
poor harvests due to unfavorable weather or pests. By direct sales
to community members, who have provided the farmer with working capital
in advance, growers receive better prices for their crops, gain some
financial security, and are relieved of much of the burden of marketing.
Uses which are not specifically listed in a particular zoning
district, but which are determined by the Zoning Hearing Board, in
accordance with the express standards and criteria set forth in this
chapter, to be similar in characteristics and impacts to another use
which is specifically listed in the same zoning district as a permitted,
conditional, or special exception use.
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roofline, containing no
openings except for windows and doors which are designed so that they
may be closed and any other small openings required for the ventilation
system.
A document based on study and analysis of a municipality,
projecting growth and change and recommending measures to cope with
such growth and change, such as creating or modifying a zoning ordinance,
which is effective only if arising directly from such a plan.
A use permitted in one or more districts as defined by this chapter, but which, because of characteristics peculiar to it or because of size, technological process, or equipment, or because of the exact location with reference to surroundings, streets, existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with, and compatible to, other existing or permissible uses in the same district and to assure that such use shall not be harmful to the public interest. Conditional uses can be granted only following a public hearing, recommendation by the Planning Commission, and approval of the governing body of the municipality in strict compliance with standards expressly outlined for such uses, and pursuant to the provisions in Article VI of the Pennsylvania Municipalities Planning Code.[5] The governing body of the municipality may attach conditions
to the approval of a conditional use.
Ownership in common with others of a parcel of land and certain
parts of a building, together with individual ownership in fee of
a particular unit or apartment in such building. Each individual has
an absolute title to his apartment, which he or she may sell, mortgage,
or otherwise devise as he or she could with a single-family dwelling
that he or she owned.
A temporary structure designed, used or constructed to be
used for the duration of the zoning, building, or grading permit to
provide temporary offices for land sales or construction supervision
on the site of an approved subdivision or land development during
the time that said valid permit is in effect. In no case shall overnight
or sleeping accommodations be permitted.
Sharing one or more common lot lines between properties,
excluding properties that are separated by a street, railroad, utility
or other right-of-way.
An imaginary line connecting all points with the same elevation
above or below a fixed point whose elevation is known.
A retail store primarily servicing customers in the immediate
area that offers a limited selection of grocery, household and personal
items for quick purchase and that may include a car wash or the dispensing
of gasoline.
A dwelling unit established from a portion of an already
existing single-family dwelling. Each dwelling after conversion shall
be provided with all the facilities normally found in a dwelling unit,
including adequate heat, light, ventilation, sanitary and washing
facilities, cooking, food storage, and means of egress.
See "golf course or country club (private or public)."
A private agreement legally binding successor owners of a
property to certain conditions regarding the use or development of
property being purchased.
See "lot coverage."
An establishment containing a furnace designed to cremate
or reduce to ashes human or animal remains of the deceased.
A view drawn at right angles to the plane of the ground surface
indicating existing and proposed configuration of the surface as part
of a development plan.
An amendment requested by a property owner challenging the
validity of zoning regulations, as they apply to property in which
he or she has an interest. This requires municipal action on his or
her petition for a municipal curative amendment, in which the governing
body of the municipality declares, by formal action, that specific
parts of the this chapter are substantially invalid in order to cure
the alleged defects.
An excavation; the difference between a point on the original
ground and designated point of lower elevation on the final grade;
also, the material removed in excavation.
A facility, licensed by the commonwealth, located within
a building which is not used as a dwelling unit, for the care, on
a regular basis during part of a twenty-four-hour day, of children
under the age of 16 or handicapped or elderly persons, while parents
or guardians are at work. Refer to 55 Pa. Code § 3270.4
for child day care requirements and § 3280.4 for group child
day care requirements.
A facility providing care for the elderly and/or functionally
impaired adults in a protective setting for a portion of a twenty-four-hour
day.
The care of preschool or school-aged children between the
hours of 6:00 a.m. and 9:00 p.m. on weekdays.
A facility, operated in compliance with the regulations established
by the commonwealth, located within a dwelling, for the care, on a
regular basis, during part of a twenty-four-hour day, of not more
than six children under 16 years of age. This excludes care provided
to children who are relatives of the provider, where such use shall
be secondary to the use of the dwelling for living purposes, and where
persons who do not reside in the dwelling shall not be employed. Refer
to 55 Pa. Code § 3290.4 for family child day-care home requirements.
A business establishment that provides one or more of the
following services to customers who do not stay overnight on the premises:
massage therapy, facials, body wraps, tanning, steam or sauna baths,
herbal treatments, manicure, pedicure, nutritional counseling, yoga,
exercise, aromatherapy, reflexology and relaxation therapy.
Final adjudication of any board or other body granted jurisdiction
under this chapter or the Pennsylvania Municipalities Planning Code[6] 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.
A measure of the intensity of the use of the land, usually
measured by the number of dwelling units per gross acre of land area,
exclusive of public streets, or by the number of units per multiple-family
dwelling, or by the number of units in a residential development option
plan.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or any applications thereunder,
except the governing body of the municipality, the Zoning Hearing
Board, and the Planning Commission. Determinations shall be appealable
only to the boards designated as having jurisdiction for such appeal.
Any party who subdivides land, erects, expands or alters
a structure or structures, changes the surface of the land, or any
or all of these.
Any land development that, because of its character, magnitude,
or location, will have a substantial effect upon the health, safety,
or welfare of citizens in more than one municipality.
The improvement of a recorded parcel through the construction
of a principal use for which all required permits have been issued.
The provisions for development, written and/or graphic, including
a planned residential development, a plat of subdivision, all covenants
related 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.
See "sign, directional or incidental."
An area accurately defined as to boundaries and location
on an Official Zoning Map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
The edge of a zoning district where it abuts another district
or a municipality boundary.
Animals or birds customarily found in a dwelling and kept
for company or pleasure, including dogs and cats, provided that there
is not a sufficient number to constitute a kennel. As defined herein,
these include hamsters, gerbils, parakeets, canaries and similar small
animals or birds, but not including any exotic animals, such as lions,
tigers, bears, ocelots or other feral cats, large or poisonous snakes,
alligators, monkeys or other animals normally found in a zoo, nor
any horses, pigs or other fowl or livestock customarily found on a
farm.
A building used as group living quarters for a student body
or religious order accessory to a school, convent, monastery or other
institutional use, having a number of sleeping rooms, often with shared
occupancy and shared bathroom facilities.
A sloping depression across the ground surface, either natural
or man-made, that collects water runoff from higher surrounding land
and carries it to a lower, larger stream or to an underground pipe
serving the same purpose.
Any principal use or accessory use that involves a window,
service lane, bay or other facility where customers are provided services
either inside or outside their vehicles and where cars may or may
not wait in line to access these services. These include but are not
limited to drive-in or drive-through windows at fast-food restaurants,
banks, exterior automated teller machines (ATMs), quick oil change
facilities, car washes and similar automotive services, and other
such facilities.
A building designed exclusively for residential purposes,
including single-family, two-family and multiple families, on a permanent
basis, including mobile homes, cottages, and camp trailers, but not
including hotels or motel units, including but not limited to the
following dwelling types.[7]
Two or more separate buildings, each containing one or more
dwelling units.
The following dwelling types are included in this chapter:
SINGLE-FAMILY DWELLINGA detached building designed exclusively for occupancy by one family and containing one dwelling unit surrounded by open space on the same lot. This includes mobile homes on a permanent foundation not located in a mobile home park and manufactured housing bearing the seal of the United States Department of Housing and Urban Development (HUD), but not including mobile homes located in a mobile home park.
TWO-FAMILY DWELLING or DUPLEXA building designed exclusively for occupancy by two families living independently of each other and containing two dwelling units. These units are totally separated by an unpierced wall extending from ground to roof or an unpierced ceiling/floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Each unit has its own direct access to the outside.
MULTIFAMILY DWELLINGA building designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units.
GROUP CARE FACILITYAny supervised long-term group living arrangement licensed by the commonwealth for any of the following:
Persons who do not meet the definition of "mentally or physically
handicapped" provided in the Fair Housing Amendments Act or the Americans
with Disabilities Act.
Persons who do meet the definition of "mentally or physically
handicapped" provided in the Fair Housing Amendments Act or the Americans
with Disabilities Act living in an institutional setting and not maintaining
a common household.
Persons who, whether handicapped or not, are criminal offenders,
juvenile offenders or delinquents or who have been found by any governmental
tribunal, court or agency to be a danger to society or who are under
the jurisdiction of the criminal justice system, a governmental bureau
of corrections or similar agency or institution.
TRANSITIONAL DWELLINGA dwelling unit occupied on a short-term basis by persons assigned by a court of law or public/semipublic agency and managed by a public/semipublic or nonprofit agency, responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time. This includes alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration, adult or juvenile prison assignment or correctional treatment, house arrest, juvenile out-of-home placements or other court-ordered treatment and other such short-term supervised assignments, or those unable to care for themselves because of mental or physical handicaps.
PERSONAL CARE HOME or BOARDING HOMEA facility (nonprofit or for-profit) licensed by the commonwealth and located within a dwelling or facility where room and board are provided to more than three permanent residents who are not relatives of the operator. These residents are mobile or semimobile and require specialized services in such matters as bathing, dressing, diet and medication prescribed for self-administration for a period exceeding 24 consecutive hours, and/or counseling and transportation services, but who are not in need of hospitalization or skilled nursing care or intermediate nursing care. For the purposes of this chapter, "personal care home" or "boarding home" shall include assisted-living facilities.
MODULAR DWELLING (MODULAR HOME)A single-family dwelling that is delivered to its site in at least two sections that are set upon a permanent foundation and the sections joined together, as required by the current edition of the Uniform Construction Code (UCC) in effect in the municipality. Such dwellings shall be certified as meeting the minimum standards for modular dwellings/manufactured housing in Pennsylvania and shall be at least 20 feet wide for the entire length when assembled. Modular dwellings shall be permitted wherever single-family dwellings are allowed.
BOARDING HOME FOR SHELTERED CAREA nonprofit or for-profit boarding home for the sheltered care of persons with special needs or problems, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, vocational training, recreation, and/or transportation.
ASSISTED-LIVING FACILITYA residential facility designed to provide dwelling units for elderly and/or handicapped persons who are independently mobile. On-site supervision and assistance is available to the residents on an as-needed basis, and at least one meal each day is provided in a common dining area. The facility includes certain design features associated with the needs of the elderly or handicapped, not customary in the construction of conventional dwelling units, such as emergency call systems, handicapped facilities, common dining facilities, common laundry facilities, minimal housekeeping, common leisure and recreational facilities, transportation services and similar supporting services for the convenience of the residents. Refer to 55 Pa. Code § 2800.4 for assisted living definitions and requirements.
BOARDINGHOUSEThe same as "lodging house," except that meals, with or without lodging, are provided for compensation by prearrangement for definite periods for three or more persons. "Boardinghouse" shall not be construed to mean rest homes or convalescent homes.
GROUP HOMEA nonprofit or for-profit boarding home for the sheltered care of up to eight persons with special needs in addition to food and shelter and in need of supervision and rehabilitative services, and is licensed by the appropriate state and county agencies.
INDEPENDENT-LIVING FACILITYA residential facility designed to provide housing for elderly and handicapped persons who are independently mobile and not in need of supervision. The facility includes certain design features associated with the needs of the elderly or handicapped, not customary in the construction of conventional dwelling units, such as emergency call systems, handicapped facilities, common dining facilities, common laundry facilities, minimal housekeeping, common leisure and recreational facilities, transportation services and similar supporting services for the convenience of the residents.
LIFE CARE COMMUNITYA residential development that provides a continuum of care for the elderly, including three or more of the following uses: independent-living facility, assisted-living facility, personal care boarding home or nursing home, and which may or may not include conventional single-family dwellings and/or multifamily dwellings.
LODGING HOUSEThe same as "boardinghouse," but where meals are not provided.
NURSING HOME, REST HOME, CONVALESCENT HOME, GUEST HOME or HOME FOR THE ELDERLYAn institution licensed by the commonwealth for the long-term, inpatient, overnight care of human patients requiring skilled nursing or intermediate nursing care, but not including surgical procedures or care and treatment of drug or alcohol addiction.
RESIDENTIAL CARE FACILITYAny facility licensed by the state, public or private, for gain or otherwise, that regularly provides one or more persons with twenty-four-hour substitute care, food, lodging, training, education, supervision, rehabilitation, and/or treatment that cannot be furnished in the person's home. These include foster homes, halfway houses, residential treatment centers, maternity shelters, group homes, handicapped children's homes, residential programs, etc.
RETIREMENT HOMEA place of residence for several families or individuals in apartment-like quarters, rented or condominium, which may feature services to retired persons such as limited nursing facilities, minimum-maintenance living accommodations and recreation programs and facilities.
RETIREMENT COMPLEXA planned residential development for persons of retirement age located on 10 acres or more which is held in one ownership and which provides certain health care facilities for the residents. Additional communal facilities may also include dining, recreation, open space, parking and related facilities and services.
TOWNHOUSEA residential structure that has three or more dwelling units, each unit being separated from the adjoining unit or units by a continuous unpierced wall or walls extending from the basement or cellar floor, if one exists, or, if one does not exist, from the lowest ground floor to above the roof on a flat roof and to the ridgeline on other roofs; each unit being capable of being separately owned, having its own access to the outside on the ground level, both front and rear; having no other units above or below; and arranged to be not more than two rooms in depth, front to back.
A group of two or more connected rooms designed for or occupied
by one family only and containing cooking and food storage facilities,
sleeping facilities, and, in a separate room, toilet and tub or shower,
with hot and cold water supply, all for the exclusive use of the family
occupying the dwelling unit. All rooms comprising a dwelling unit
shall have access through an interior door, or interior doors, to
all other parts of the dwelling unit.
The act of altering the natural balance of an area of land,
thereby rendering it subject to erosion by wind and/or water, typically
due to the removal of vegetative cover and/or topsoil or changing
drainage patterns due to earthmoving activities, including filling,
without compensating rehabilitation of the disturbed and/or surrounding
area.
The rearrangement of the earth's surface by excavation and/or
filling to accommodate development.
A right-of-way across private property generally for public
utility lines, stormwater, or for access to other properties, passage
over which is guaranteed by the property owner/grantor to the grantee
or those using the easement.
See "apartment, efficiency."
Services provided by medically trained personnel by a public,
commercial or for-profit enterprise or a nonprofit organization operated
from a facility maintained by said organization.
A covered space surrounded by solid walls pierced by doors
and windows, extending from the ground to the roof.
Any wall of a residential building that contains no windows
or only secondary windows to any apartment.
A professional engineer licensed in the Commonwealth of Pennsylvania.
Predominantly spectator uses conducted within an enclosed
building, including motion-picture theaters, concert or music halls,
or sports. Facilities with less than 300 capacity are considered small,
and those with over 300 capacity are considered large. See also "recreation
facilities, indoor."
Lands which, because of their characteristics or locations,
are limited with regard to development activities.
Items or devices weighing more than 750 pounds.
Nonvehicular items weighing less than 750 pounds.
The removal of surface materials by water, wind, ice, gravity,
land disturbance, frost, or a combination thereof.
Any communications antenna that is operated by any agency,
franchisee or authority of the municipality, Butler County, or the
Commonwealth of Pennsylvania, or by any police, fire, emergency medical
service or emergency management agency.
[Amended 12-18-2017 by Ord. No. 897]
Any communications tower that is operated by any agency,
franchisee or authority of the municipality, Butler County, or the
Commonwealth of Pennsylvania, or by any police, fire, emergency medical
service or emergency management agency.
[Amended 12-18-2017 by Ord. No. 897]
Any element of the distribution and collection systems, other
than continuous conduit, provided by public utilities, regulated by
the Public Utilities Commission (PUC) or by any agency, franchisee
or authority of the municipality, which is reasonably necessary to
furnish adequate services within the municipality to the general public,
including, but not limited to, water and sewage treatment plants,
water towers or other water storage structures, regulators, lift stations,
pumping stations and similar facilities. This definition does not
include any essential or commercial communications tower or antenna
as defined herein.
[Amended 12-18-2017 by Ord. No. 897]
The provision by continuous conduit, erection, construction,
alteration or maintenance of distribution and collection systems by
public utilities, regulated by the Public Utilities Commission (PUC),
or any agency, franchisee or authority of the municipality, including
underground or overhead gas, electrical, telephone, steam or water
lines, sewers, fire alarm boxes, traffic signals, hydrants, cable
television (not including towers) and accessories necessary to furnish
adequate services to the general public within the municipality. This
definition does not include any essential or commercial communications
tower or antenna as defined herein.
[Amended 12-18-2017 by Ord. No. 897]
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, or disturbed and any resulting conditions.
Any chemical compound mixture or device, the primary and
common purpose of which is to function by explosion with substantially
simultaneous release of gas and heat, the resulting pressure being
capable of producing destructive effects.
Any wall of a residential building that contains all the
windows of any apartment.
An individual, or two or more persons related by blood, marriage,
adoption or foster child care, including domestic servants or gratuitous
guests thereof, or a group of not more than three unrelated persons
living together without supervision in a dwelling unit, or not more
than eight persons living together in a group living arrangement with
supervision, provided that the group living arrangement meets all
of the following criteria:
It provides nonroutine support services, including supervision,
personal care, social or counseling services, and transportation,
to persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution because of physical
disability, old age, mental retardation, or other handicap or disability
as defined by the Fair Housing Amendments Act or the Americans with
Disabilities Act.
It provides for the joint occupancy of a dwelling unit where
the residents maintain a common household and practice on a permanent
or long-term basis, a joint economic, social and cultural life.
It does not involve the housing of persons on a transient basis.
It does not involve the housing or treatment of persons accepted
for residence in the group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents, or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal, court or agency to be a danger
to society or are on release or under the jurisdiction of the criminal
justice system, a government bureau of corrections or similar institution.
The term "family" shall not include persons living together
in a group care facility, personal care boarding home or transitional
dwelling, as defined herein, or any other supervised group living
arrangement for persons not protected by the Fair Housing Act or for
any persons who constitute a direct threat to others or their physical
property.
See "day care, family."
A site of 10 acres or more used for the pursuit of agriculture,
as defined herein.
An occasional or periodic market held in an open area or
in a structure where groups of individual sellers offer for sale to
the public such items as fresh produce, seasonal fruits and vegetables,
fresh flowers, arts and craft items, and food and beverages (but not
to include secondhand goods) dispensed from booths located on site.
An accessory use on a lot which does not meet the ten-acre
minimum acreage requirements for a farm, where the principal use is
a single-family dwelling and the accessory use is limited to activities
authorized in the definition of "agriculture," provided that this
accessory use does not constitute the principal source of income for
the residents of the dwelling and utilizes a minimum of five acres.
A building or structure used for the retail sales of fresh
fruits, vegetables, flowers, herbs, or plants; may also involve the
accessory sales of other unprocessed foodstuffs, home-processed food
products such as jams, jellies, pickles, sauces, or baked goods, and
homemade handicrafts.
A structure, including entrance and exit gates or openings,
designed and constructed for the purpose of enclosing space or separating
parcels of land, screening, protection, confinement and/or privacy.
The term "fence" or "wall" shall not include a retaining wall.
Earth material excavated elsewhere, deposited upon undisturbed
earth in the process of grading for land development.
See "shooting range."
Any fabric, banner or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government, political
subdivision or other entity.
See "lot, flag."
See "sign, flat wall."
The temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland waters and/or
the unusual and rapid accumulation of runoff of surface waters from
any source.
A normally dry land area adjacent to a stream channel or
channels that is susceptible to being inundated by overbank stream
flows. For regulatory purposes, the Flood Plain Management Act (Act
of October 4, 1978, P.L. 851, No. 166)[8] and regulations pursuant to the Act and delineated on a map produced by FEMA shall dictate. Chapter 183, Floodplain Management, as amended, shall regulate construction within designated floodplain areas.
The land surface abutting a stream or drainageway that is
inundated during the course of a flood, which is likely to occur every
100 years.
The total floor area of all buildings or structures on a
zoning lot, divided by the area of said lot.
A manufacturing plant designed to process food products,
other than meat from live animals, for sale, which processing may
include the cooking, baking, freezing and packaging of such products.
A stand of trees covering an area greater than 1/2 acre (21,780
square feet), where the majority of the trees are a minimum of 12
inches in diameter.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transplanting and selling trees for commercial
purposes, which does not involve any land development. The Pennsylvania
Municipalities Planning Code Section 603(f)[9] states that "timber harvesting shall be a permitted use
by right in all zoning districts in every municipality."
A group of people formally organized for a common interest
which holds regular meetings at which dining, drinking, and entertainment
for the enjoyment of dues-paying members and guests may be provided
and which has formal written membership requirements.
See "sign, freestanding."
The distance between side property lines of any property,
measured along the right-of-way line of the street to which the property
has access.
See "building line, front."
See "lot line, front."
See "building, front wall of."
See "yard, front."
A building used for the embalming of deceased human beings
for burial and/or for the display of the deceased and ceremonies connected
therewith before burial or cremation and the display and sale of caskets,
urns and other burial items as accessory uses.
An area of a municipal or multimunicipal plan outside of
and adjacent to a designated growth area where residential, commercial,
industrial or institutional uses and development are permitted or
planned at varying densities, and public infrastructure services may
or may not be provided, but where future development at greater densities
is planned to accompany the orderly extension of public infrastructure
services.
See "parking garage."
An accessory building or an accessory portion of the principal
building, enclosed on not fewer than three sides, not being accessible
to the general public and designed or used for shelter or storage
of private vehicles and personal property of the occupants of the
principal building, but not intended to house an automotive repair
facility.
A building, other than a private garage, containing two or
more parking spaces accessible to the general public, used for the
storage or parking of motor vehicles or where such vehicles are kept
for remuneration, hire or sale, but not including the repair of vehicles
or the storage of dismantled or wrecked motor vehicles or junk, as
defined by this chapter.
See "oil and gas drilling."
A facility limited to retail sales to the public of gasoline,
motor oil, lubricants, motor fuels, travel aides, and minor automobile
accessories. In addition, the facility must provide minor vehicle
servicing, minor repairs and maintenance, and may provide engine rebuilding
(but not reconditioning of motor vehicles), collision services such
as body, frame, or fender straightening and repair, or overall painting
of automobiles.
A facility limited to retail sales to the public of gasoline,
motor oil, lubricants, motor fuels, travel aides, and minor automobile
accessories. In addition, the facility may provide minor vehicle servicing,
minor repairs and maintenance, including engine rebuilding (but no
reconditioning of motor vehicles), collision services such as body,
frame, or fender straightening and repair, or overall painting of
automobiles.
An establishment offering the retail sale of petroleum products
and which may include the sale of prepackaged food items and tangible
consumer goods primarily for self-service by the consumer; hot beverages,
fountain-type beverages, and pastries may be included in the food
items for sale.
A miniature golf course, golf driving range or a recreational
facility that has a course, with a minimum of nine regulation-size
holes, for playing golf as its principal use and that may have a clubhouse,
locker rooms, restaurant, swimming pool, pro shop, facilities for
racquet sports, maintenance facilities and similar facilities as accessory
uses.
City Council, Borough Council, Township Board of Supervisors;
also referred to as "municipal governing body."
The process of changing the natural surface of the land in
order to carry out a development plan.
The sum of the gross horizontal areas of the several floors
of a building measured between exterior faces of walls.
See "dwelling types," Subsection K.
An outdoor facility that may or may not include a clubhouse,
but which includes facilities for one or more of the following activities:
archery, target shooting, skeet or trap shooting, marksmanship and
similar activities.
An establishment having at least 25% of its gross floor area
used for the sale, vending, dealing, exchange, or transfer of firearms,
ammunition and ammunition components and hunting or shooting equipment.
A commercial recreational enterprise or private club which
has as a principal use a gymnasium, swimming pool, tennis, racquet
or handball courts or exercise facilities, including locker rooms
and showers, and which may offer massages, whirlpool baths, steam
rooms, saunas and/or medical facilities as accessory uses to the principal
use and which may include the sale of food and beverages to patrons
when incidental to the principal use, but not including a restaurant
or bar.
An administrative agency proceeding conducted by the Zoning
Hearing Board pursuant to public notice.
See "building height."
The vertical distance measured from the average elevation
of the finished grade around the structure to the highest point on
the structure.
An area designed for takeoff and landing of non-fixed-wing
aircraft.
See "recreation, active, high-impact."
A transportation facility designed to accommodate large volumes
of traffic. For the purposes of this chapter, Interstate Route 79
shall meet this definition.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
Growing of flowers, plants or vegetables for consumption
by the persons residing on the premises and not for sale, either on
or off the premises, including backyard composting for personal use.
A facility providing temporary housing (maximum tenure of
120 days) to indigent, needy, homeless, or transient persons and may
also provide ancillary services such as counseling, vocational training,
etc.
An accessory use of service character conducted on a regular
basis, made available to the general public and intended to generate
profit, customarily conducted entirely within a dwelling by the residents
thereof, that may involve the storage of materials or stock-in-trade
related to the home occupation and which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character of the dwelling.
[Amended 12-18-2017 by Ord. No. 897]
An organization of all property owners in a residential option
plan with responsibility to maintain all those areas of, and facilities
within, the plan not sold to private owners, taken over by public
bodies or retained by the developer, primarily including common open
space and common facilities.
An establishment licensed as such by the commonwealth to
provide facilities and services to human patients that may include
surgery; obstetrics; clinical, temporary and emergency services of
a medical or surgical nature; those suffering from mental or nervous
disorders; and alcoholics. Hospitals may or may not include facilities
for major surgery and may be publicly or privately operated.
See "animal hospital."
An establishment with six or more sleeping units that provides
transient lodging accommodations for compensation to the general public
that each have independent access to a common interior corridor or
that each have independent access directly to the outside and that
may provide additional supporting services such as restaurants, meeting
rooms, recreational facilities, accessory shops and services catering
to the general public, and living quarters for a resident manager
or proprietor.
A charge or fee imposed by a municipality on new development
in order to generate revenue for funding the costs of transportation
improvements necessitated by, and attributable to, that new development.
Surety, in a form acceptable to the Municipal Solicitor, such as cash, certified check or irrevocable letter of credit, from a federal- or commonwealth-chartered lending institution, a corporate performance bond or a labor-and-material payment bond from a surety company authorized to conduct business in the commonwealth. Said bond guarantees the satisfactory completion of improvements required by this chapter or Chapter 252, Subdivision and Land Development.
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including but not limited to
grading, paving, curb, gutter, storm sewers, individual sanitary sewage
system, improvements to existing watercourses, sidewalks, crosswalks,
street signs, monuments, water supply and water distribution systems
and facilities, sanitary sewers, sanitary sewerage collection systems,
sanitary sewage treatment plant facilities, and construction and/or
demolition of a structure or structures.
Those public improvements which are not on-site improvements
and that serve the need of more than one development.
All improvements constructed on an applicant's property, or the improvements constructed on the property abutting an applicant's property necessary for the ingress and/or egress to the applicant's property, and required to be constructed by the applicant pursuant to any applicable municipal ordinance, including, but not limited to, Chapter 134, Building Construction, Chapter 252, Subdivision and Land Development, PRD regulations, and/or this chapter.
Sale at retail price of goods produced in a manufacturing
plant on the same premises.
See "dwelling types," Subsection L.
An enterprise operated for profit in a completely enclosed
building that offers amusement or entertainment to the general public,
including, but not limited to, a movie theater (other than an adult
motion-picture theater or adult mini motion-picture theater), a live
theater (other than an adult live theater), arcade, dance hall, billiards
parlor, game room or similar uses.
Establishments engaged in manufacturing, assembly, fabrication,
packaging or other industrial processing of products primarily from
raw materials, or the bulk storage and handling of such products and
materials, or an industrial establishment having potential to produce
noise, dust, glare, odors, or vibration beyond its property line.
This includes but is not limited to specialized operations that require
good transportation access and facilities (possibly including rail),
significant electric and gas service, high-speed fiber, public services
such as transit, significant parking facilities, and other facilities
and services not conducive to residential or commercial areas.
Establishments engaged in the indoor manufacturing, assembly,
fabrication, packaging, or other industrial processing of finished
products or parts, primarily from previously prepared materials, or
the indoor provision of industrial services, where there are few external
effects across property lines. This includes but is not limited to
businesses engaged in the processing, fabrication, assembly, treatment,
or packaging of food, textiles, leather, wood, paper, chemical, plastic,
or metal products, but does not include basic industrial processing
from raw materials. It can also include uses such as wholesale activities
and mini warehouses.
A development of land, used primarily for industrial and
related uses, that is under unified control and is planned and developed
as a whole in a single development operation or in a series of development
stages. The development generally includes streets, circulation ways,
utilities, buildings, open space, and other site features.
That area between the perimeter security, as defined herein,
which is required for a correctional facility, and the property line
of the site on which a correctional facility is located.
A religious or public use, including but not limited to churches;
public, private or parochial schools; juvenile detention or correctional
facilities; foundations; hospitals; or government-owned or -operated
structures or land used for public purposes.
See "sign, internally illuminated."
See "adult or sexually oriented businesses or services,"
Subsection Q.
Any rubbish or scrap material, including all paper cartons,
boxes, barrels, wood, excelsior, bedding, rags, sacks, cans, metal,
glass, crockery, mineral refuse, ashes and any similar substances,
scrapped or used appliances, fixtures, automobile parts, machinery
and machinery parts or other similar material, or any other form of
discarded, unused or unusable materials, including building materials.
Any person or enterprise having a fixed place of business
in the municipality and engaged in conducting, managing or carrying
on the business, either wholesale or retail, of buying, selling, salvaging,
recycling or otherwise dealing in junk, as defined by this chapter.
Any self-propelled, fuel-powered vehicle that has any part
of the body missing, a broken windshield, a wheel or wheels off, motor
out, transmission out, or missing any part that prevents the vehicle
from moving on its own power; also included is any other mobile equipment
that has parts missing that is pulled or towed by another fuel-powered
vehicle. This shall not apply to farm vehicles or equipment.
Any premises devoted wholly or in part to the storage, buying
or selling, salvaging, recycling or otherwise handling or dealing
in junk, as defined by this chapter.
A facility operated under the laws of the Commonwealth of
Pennsylvania for up to 120 juveniles that provides for the twenty-four-hour
incarceration and confinement of juveniles adjudicated to be delinquent
by the Pennsylvania Juvenile Court System or juveniles requiring incarceration
and confinement by virtue of having been determined to be prosecuted
as adults while committing crimes as a juvenile and limited to juveniles
to be incarcerated or confined for serious criminal offenses and not
including juveniles eligible to reside in a juvenile personal care
home/child residential facility or other such less restrictive residential
setting.
A structure and/or premises where, at any one time, four
or more dogs, cats, birds or other domesticated animals over six months
of age are housed, groomed, nurtured, kept, bred, trained, boarded,
and/or sold for a profit or not. Exotic animals are not permitted
in a commercial kennel.
A structure and/or premises where, at any one time, less
than four dogs, cats, birds, or other domesticated animals, which
are less than six months old, are housed, groomed, nurtured, kept,
bred, trained, and/or boarded, but are not sold for profit. Exotic
animals are not permitted in a private kennel.
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, including any change of use or structural alteration which results in additional lot coverage by structures and/or paving, as regulated by Chapter 252, Subdivision and Land Development; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
MPC.[10]
A disposal site in which refuse and earth, or other suitable
cover materials, are deposited and compacted in alternative layers
of specified depth in accordance with an approved plan. Such use shall
not include the disposal or processing of hazardous or radioactive
materials.
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.
Land that is susceptible to movement or sliding, as identified
in the Soil Survey of Butler County, prepared by the Soil Conservation
Service[11] of the United States Department of Agriculture; or as
identified on the Landslide Susceptibility Map of Butler County; or
as established by geotechnical investigation.
A private street or road that provides primary access to
a landowner's property and/or dwelling.
Categories of security and supervision established by the
Pennsylvania Department of Corrections and recommended by the American
Correctional Association (ACA) document entitled "Standards for Adult
Correctional Facilities," which standards are based on inmate history
and behavior, the length of sentence and the nature of risk posed
to the general public and other inmates. In the event of a conflict
in the application of this chapter between the respective definitions
of "levels of custody" specified by the Pennsylvania Department of
Corrections and the levels of security specified by the American Correctional
Association (ACA), the more restrictive requirements for security
shall apply.
See "dwelling type," Subsection M.
A space accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
See "dwelling type," Subsection N.
A tract of land in an approved land development or a recorded subdivision in compliance with Chapter 252, Subdivision and Land Development, or recorded legally prior to the adoption of Chapter 252, Subdivision and Land Development, intended to be used as a unit for development or transfer of ownership.
The total area within the lot lines, excluding the area within
any street or public right-of-way.
That portion of a lot bounded by the required front, rear
and side yard setbacks.
That percentage of the lot area covered by the principal
building and all accessory buildings and structures, including, but
not limited to, decks, swimming pools, storage sheds, garages and
similar structures.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot approved with less frontage on a public street, generally
required to have a minimum of 50 feet in width, where a narrow panhandle
access corridor leads to the bulk of the lot located behind lots or
parcels with normally required street frontage.
That portion of the lot that adjoins the street right-of-way
or through which access is provided to a public street.
A lot which abuts other lots on each side.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or other public space.
That lot line that is contiguous with the street center line
or the street right-of-way line or, in the case where the lot does
not abut a street, that lot line through which access to a street
is provided.
That lot line which is generally opposite the front lot line.
Refer to Chapter 252, Subdivision and Land Development.
Any lot line which is not a front lot line or rear lot line.
See "nonconforming lot."
A lot described in a deed, or shown on a plan of lots, which
has been recorded in the office of the Recorder of Deeds of Butler
County, Pennsylvania.
The diagram immediately following this definition illustrates
terminology used in this chapter with reference to corner lots, interior
lots and double frontage lots. The lots are lettered to show the lot
types indicated by definitions lettered A through C below:
CORNER LOTA lot abutting two streets that intersect next to one corner of the lot.
INTERIOR LOTA lot, other than a corner lot, with only one frontage on a street other than an alley.
DOUBLE FRONTAGE LOT (also called "through lot")A lot that has frontage on two public streets that do not intersect adjacent to the lot. (See A and C in the diagram immediately following.)
 |
The horizontal distance between side lot lines, measured
at the required front setback line.
A parcel of land, fronting on a street, which is or may be
occupied by a main structure or a group of buildings with accessory
uses and structures and the open spaces required under this chapter.
See "recreation, active, low-impact."
A portion of a loading area set aside so that trucks may
enter and leave the area moving in a forward direction.
A dwelling unit, designed and built in a factory, which bears
a seal certifying that it was built in compliance with the Federal
Manufactured Housing Construction and Safety Standards Law of 1974
(42 U.S.C. § 5401 et seq.) and which is constructed after
January 1, 1981, and which exceeds 950 square feet of occupied space.
Also known as a "modular home."
See "industrial, general."
See "industrial, light."
A fixed shelter used only as a roof and extending beyond
a building line, a building wall or street lot line and which is supported
by the building to which it is attached or which is freestanding.
An establishment, other than one operated by a medical practitioner,
chiropractor or professional physical therapist licensed by the commonwealth,
that provides the services of massage and body manipulation, including
exercises, heat and light treatments of the body, and all forms and
methods of physiotherapy, but not including an athletic club, health
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.
A voluntary negotiating process in which parties to a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
An organization established for the mutual benefits of its
members, income of which is used for operation of the club or for
charitable purposes, and whose premises contain no residential accommodations
except for a caretaker or manager and his family and is qualified
under Section 501(c) of the Internal Revenue Code.
A facility licensed by the Pennsylvania Department of Health
to use the drug methadone in the treatment, maintenance or detoxification
of persons.
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
and peat, but not including crude oil and natural gas.
A building, group of buildings, or property with controlled
access that contains various sizes of individual, compartmentalized
and controlled-access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
A building with one or more dwelling units in the same building
with one or more commercial or office uses.
A development that provides for a mixture of land uses, possibly
including but not limited to single-family and multifamily residential,
commercial, medical and institutional services, office, recreational,
green space, and light industrial.
A transportable single-family dwelling, intended for permanent
occupancy by one family, contained in one unit or in two units designed
to be joined into one integral unit capable of again being separated
for repeated towing. It arrives at a site complete and ready for occupancy,
except for minor assembly and connecting operations, and contains
its own toilet, bathing, cooking and food storage facilities and is
constructed so that it may be used without a permanent foundation,
said unit having an overall width of 16 feet or less that bears the
seal of the Department of Housing and Urban Development (HUD).
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a mobile home, including double-wide mobile
homes.
A parcel or contiguous parcels of land under single ownership that has been so designed and improved that it contains two or more mobile home lots for the placement thereon of mobile homes, regulated by Chapter 252, Subdivision and Land Development.
See "waiver."
See Subsection G under "dwelling types."
A group of attached or detached buildings containing individual
sleeping units where the units may open individually and directly
to the outside and where a garage is attached to or a parking space
is conveniently located to each unit, all for the temporary use by
automobile tourists or transients, and such word shall include tourist
courts, motor courts, automobile courts, and motor lodges. Also, see
"hotel or motel."
A plan developed and adopted by any number of contiguous
municipalities.
A planning agency comprised of representatives of more than one municipality and constituted as a joint municipal planning commission in accordance with Article XI of the Pennsylvania MPC,[12] or otherwise by resolution of the participating municipalities,
to address, on behalf of the participating municipalities, multimunicipal
issues, including, but not limited to, agricultural and open space
preservation, natural and historic resources, transportation, housing
and economic development.
See Subsection C under "dwelling types."
The municipality of Butler Township, Butler County, Pennsylvania.
A restaurant or portion thereof or any other establishment
serving food and drink, whether or not the consumption of alcoholic
beverages is permitted or allowed on the premises, that has a seating
capacity of 100 patrons or more and that offers entertainment, either
live or recorded, and that is characterized by low light levels and
closely placed tables around a stage, bandstand or dance floor.
See "home-based business, no-impact."
Such uses as neighborhood playgrounds, public parks and private
swimming pools.
Any lot, the area or dimension of which was lawful prior
to the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A sign lawfully existing at the time of the enactment of
this chapter (or as amended) which does not conform to the sign regulations
applicable in the district in which it is located; also, any sign
that does not conform to the provisions of this chapter.
A structure or part of a structure that does not comply with
the applicable area and bulk provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of this chapter or amendment or prior to the
application of this chapter or amendment to its location by reason
of annexation. Such nonconforming structures include, but are not
limited to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment or prior to the
application of this chapter or amendment to its location by reason
of annexation.
Any person(s), partnership, association, corporation or other
group whose activities are conducted for unselfish, civic or humanitarian
motives, or for the benefit of others, and not for the gain of any
private individual or group, including, but not limited to, patriotic,
philanthropic, social service, welfare, benevolent, educational, civic,
fraternal, cultural, charitable, scientific, historical, athletic
or medical activities.
Any place where a person who exhibits specified sexual anatomical
areas is to be observed, sketched, drawn, painted, sculpted, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. This shall not include a proprietary school licensed
by the Commonwealth of Pennsylvania or a college, junior college,
or university supported entirely or in part by public taxation, a
private college or university that maintain and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation, or in a structure:
That has no sign visible from the exterior of the structure
and no other advertising that indicates a person exhibiting specified
sexual anatomical areas is available for viewing; and
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
Where no more than one person exhibiting specified sexual anatomical
areas is on the premises at one time.
The exposure of human bare buttocks, anus, male or female
genitals or pubic areas, with less than a fully opaque covering, or
the showing of a female breast with less than a fully opaque covering
of any portion thereof below the top of the nipple, or the depiction
of covered male genitals in a discernibly turgid state.
Any land used to raise trees, shrubs, flowers, and other
plants for sale or transplanting and the trail handling of the same;
also includes greenhouses.
See "day-care center" or "preschool facility."
See "dwelling type," Subsection O.
A document issued by the Zoning Officer attesting to the
fact that a property is in compliance with the approved zoning permit
and this chapter and is ready to be used and occupied for the approved
use.
A building deigned and/or used primarily for office purposes.
A room or group of rooms used for conducting the affairs
of a business, profession, service or government, not involving the
retail sales of merchandise on the premises, nor the encouragement
of walk-in traffic from the street.
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 to
circulation, parking, utility needs, aesthetics, and compatibility.
The adopted map of the municipality, identifying existing
and proposed public rights-of-way, watercourses, public watercourses,
public property, parks, pedestrianways, utility and drainage easements
and floodplains, and stormwater management areas.
The adopted map that graphically shows all zoning district
boundaries and classifications within the municipality, which, together
with the zoning text, comprises the Zoning Ordinance.
See "parking, off street."
The removal of oil and natural gas resources for sale or
other commercial purposes, including the structures and equipment
necessary to accomplish the removal. Uses are regulated by a separate
municipal oil and gas ordinance and any amendments.
Nonmetallic, nonrenewable substances, including liquids,
such as petroleum, and gases, such as natural gases, occurring in
their natural state on or below the surface of the earth and having
commercial value.
Refer to 6 Pa. Code Chapter 11.
Land in a planned residential development, or as part of
a density transfer arrangement, used for recreation, resource protection,
amenity, and/or buffers; not including any area of a lot constituting
the minimum lot areas, any part of any existing or future street right-of-way,
easement or access, or area set aside for public facilities.
See "sign, outdoor advertising or display."
See "gun and archery range, outdoor."
A special district or zone that addresses special land use
circumstances or environmental safeguards and is superimposed over
the underlying existing zoning district. Permitted uses in the underlying
zoning district shall continue subject to compliance with the regulations
of the overlay zone. Overlay zones are generally used in recognition
of distinguishing circumstances such as historic preservation, wellhead
protection, floodplain, access management, corridor enhancement, downtowns,
etc.
See "landowner."
A parking area located in a multilevel structure which is
the principal use on the lot and which may be operated by either a
public agency or private entity, whether for profit or not, and which
is available for use by the general public, usually for a fee.
The arrangement and marking of stalls to contain individual
cars, and access lanes abutting the stalls and connecting to the abutting
public street(s).
A parking area on the surface of the ground that is the principal
use on the lot, that may be owned and/or operated by either a public
agency or private entity, whether for profit or not, and that is available
for use by the general public for the transient storage of automobiles
or motor-driven vehicles. Such parking services may be provided as
a free service or for a fee.
An area set aside on a lot for parking of cars entirely outside
a public street.
Any lot, parcel or yard used, in whole or in part, for the
storage of two or more vehicles where such usage is not incidental
to, or in conjunction with, a one- or two-family dwelling; or a portion
of a lot designated for the parking of motor vehicles in accordance
with the requirements of this chapter.
A parking area which is an accessory use to a facility on
the same zoning lot.
A parking area used primarily by the residents, customers,
or persons employed by establishments in the immediate vicinity of
its location.
The number of necessary off-street parking spaces to serve
a specific use, generally on the same property as the use.
A portion of a parking area, surface or garage, designated
for the parking of one motor vehicle in accordance with the requirements
of this chapter.
An open area of ground set aside for public use with recreational
facilities, playgrounds and structures, or left in a natural state,
owned by the municipality, a municipal authority, or otherwise dedicated
to public use, or owned and operated by a nonprofit association for
the benefit of the public or the residents of the municipality. It
may include a municipal golf course, but not miniature golf or a driving
range.
See "recreation, passive."
An establishment that engages, in whole or in part, in the
business of loaning money on the security of pledges of personal property
or deposits or conditional sales of personal property or the purchase
or sale of personal property.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
The enabling legislation of the commonwealth regulating the
right of municipalities to adopt zoning ordinances.[13]
A guarantee, backed by funds held in escrow, that a contractor
will complete an improvement in accordance with specifications established
by the municipality.
A system that controls ingress and egress to the interior
of a correctional facility and that may include one or more of the
following features: electronic devices, walls, fences, patrols and/or
towers.
An activity that is expressly allowed to occur on a property
because of the property's location in a particular zoning district.
See Subsection F under "dwelling type."
Any enterprise primarily engaged in providing services to
a person, their apparel or personal effects commonly carried on or
about their person, including, but not limited to, shoe repair, tailoring,
clothes cleaning, watch repair, beauty shops, barbershops, tanning
salons, piercing, tattooing, day spas, practitioners of the healing
arts and the like.
See "storage facility, personal."
See "domestic pets."
An establishment or part thereof used to test concepts and
ideas, determine physical layouts, material flows and processes, types
of equipment required, costs and other information necessary prior
to undertaking full-scale production.
A structure to house services of an established religion,
but not including living accommodations in the same building, or any
cult or quasi-religious group services.
An area of minimum contiguous size, as specified by ordinance,
to be planned, developed, operated and maintained as a single entity
and containing one or more structures to accommodate light industrial,
service, commercial or office uses, or a combination of such uses,
and appurtenant common areas and accessory uses incidental to the
principal uses.
A area of land, controlled by a single landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter. Such development shall be based on
an approved plan which allows for flexibility of design not available
under standard zoning district requirements.
A planning commission, planning department or a planning
committee of the municipal governing body.
The duly appointed Planning Commission of the municipality
in Butler County, Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
A roofed open structure projecting from the side, front or
rear wall of a building. For the purpose of this chapter, a porch
is considered a part of the principal building and is not permitted
to extend into any required yards.
Purpose-built, box-like containers designed for temporary
storage of household goods and/or equipment.
[Added 12-18-2017 by Ord.
No. 897]
The placement of a notice upon a signboard on a property
calling public attention to proposed changes in the zoning status
of the property, or a request for a variance, indicating the date,
time and place of the hearing at which such matter will be heard.
An establishment that offers private educational services
to children who are under the minimum required age for education in
public schools.
The building or structure in which the principal use of the
lot on which it is located is conducted.
The primary or predominant use, to which the property is
or may be devoted, and to which all other uses on the premises are
accessory or secondary, which is expressly allowed by this chapter
because of the property's location in a certain zoning district.
Any wall of a multiple-family building containing all the
windows of at least one apartment.
Any governmental (whether federal, state, county or local),
quasi-governmental, or private institution or facility engaged in
the act of confining, housing or holding inmates accused or convicted
of criminal activity, assigned and/or committed by any court and who
are housed, held or confined in lawful custody, including, but not
limited to, the detention, treatment, rehabilitation or execution
of offenders through a program involving penal custody, parole and
probation.
Owned, operated or controlled by an individual, group of
individuals, association or corporation.
See "garage, private."
See "golf course or country club (public or private)."
Improvements to be owned, maintained or operated by a private
entity such as an individual, corporation, or homeowners' association,
including roads, streets, walkways, parking lots, gutters, curbs,
waterlines, sewers, stormwater management facilities, landscaping,
lighting, traffic control devices and/or other facilities for which
plans and specifications must comply with the minimum requirements
of this chapter and/or conditional use approval, including temporary
erosion and sedimentation control and stormwater management control
methods undertaken during construction.
See "street, private."
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
A tract of contiguous land, all sections of which are in
the same ownership, surrounded by a boundary that closes on itself.
All or part of a boundary describing the limits of a property.
Owned, operated or controlled by a government agency, federal,
state, county or local.
Any structure owned and operated by a public body or agency,
or any public utility agency, which disperses general service to the
public, including road maintenance garages and utility substations.
See "garage, public."
See "golf course or country club (public or private)."
Publicly owned or operated lands and facilities, including
parks, playgrounds, schools, wastewater treatment plants, refuse disposal
sites, and other sites owned or operated by the municipality.
A formal meeting held by the governing body of the municipality
or the Planning Commission or Zoning Hearing Board, pursuant to public
notice, as defined by this chapter, intended to inform and obtain
public comment and take testimony or information from all parties
having an interest in a matter of concern to the municipality, prior
to taking action in accordance with this chapter and/or the Pennsylvania
Municipalities Planning Code.[14]
All roads, streets, walkways, gutters, curbs, sewers, waterlines,
stormwater management facilities, landscaping, streetlighting, traffic
control devices and other facilities to be dedicated to or maintained
by the municipality, for which plans and specifications must comply
with the standards and specifications of the municipality.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," as now or hereafter
amended.[15]
Notice published once each week for two successive weeks
in a newspaper of general circulation in this municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at that 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.
See "street, public."
All of the buildings, wells, dams, reservoirs, plants and
equipment of public utilities, including all tangible and intangible
real and personal property without limitation, and any and all means
and instruments of ownership, operation, lease, license, use or control
furnished or supplied by, or in connection with, the business of the
public utility.
Any administrative building, maintenance building, garage
or other structure intended for human occupancy or storage of movable
equipment or any part of the essential public utility installations,
as defined herein, provided by public utilities, regulated by the
Public Utilities Commission (PUC) or any agency, franchisee or authority
of the municipality, which is reasonably necessary to furnish adequate
services to the general public both within and outside the municipality,
including, but not limited to, long-distance transmission facilities
such as electrical power lines or high-pressure natural gas or petroleum
lines, switching facilities, substations and similar facilities.
All production, storage, transmission, and recovery facilities
(underground, surface, or overhead) for water, sanitary sewerage,
telephone, gas, electricity, steam, stormwater drainage, communications
systems, and similar utilities owned or operated by any public agency
or any utility subject to the jurisdiction of the Public Utilities
Commission, except for energy facilities. The utility itself does
not include business offices, yards or buildings for the storage or
maintenance of equipment used by the utility, unless such structures
are expressly permitted in the zoning district.
See "public utility."
See "lot line, rear."
See "yard, rear."
The document showing the final layout of a development plan,
approved by the governing body of the municipality, and ready for
recording with the County Recorder of Deeds.
The refreshment of body and mind through forms of play, amusement,
or relaxation. The recreational experience may be active, such as
boating, fishing, ball games, and swimming, or may be passive, such
as enjoying the natural beauty of the environment or its wildlife.
Types of recreation:
RECREATION, ACTIVEIndoor or outdoor leisure-time pursuits that draw spectators and participants at a common time, where individuals, groups of individuals or teams use special equipment and/or a prescribed site, field or facility for the activity. This includes, but is not limited to, soccer, football, baseball and softball fields; basketball, tennis, handball or racquetball courts; swimming pools; community centers; motor-cross or dirt bike trails; paintball facilities; arenas; amusement parks; water parks; racetracks; betting parlors; ski resorts; campgrounds; fairs; truck and tractor pulls; off-road vehicle courses and trails; amphitheaters; and similar uses that have significant environmental, noise, traffic or lighting impacts on surrounding properties. (This definition excludes boarding stables, golf courses or country clubs, health clubs, indoor entertainment, private stables, and riding academies, which are separately defined and regulated by this chapter.)
RECREATION, PASSIVEOutdoor recreational activities that generally do not require a developed site. This includes activities such as bridle trails, trails with exercise stations, Nordic ski trails, hiking, nonmotorized biking, walking, fishing, picnicking, children's playgrounds, table games, observation areas, bird watching, botanical gardens, historical or archaeological sites, scenic areas, nature preserves and similar facilities for relaxing in a natural environment. Passive activities have low impact, are low trip generators, and have low potential for nuisance to adjacent properties.
The business or establishment operating a facility for the
pursuit of sports and similar recreational activities.
A single-axle or multiple-axle structure mounted on wheels
or otherwise capable of being mobile, either with its own power or
mounted on/drawn by an automobile, for the purpose of travel, camping,
vacation, overnight accommodations or recreational use, including
but not limited to travel trailers, mobile homes, motor homes, tent
trailers and pickup campers.
A tract or contiguous tracts of land under single ownership,
improved with the necessary utility connections and other related
facilities, which contain two or more sites for seasonal parking of
recreational vehicles, but not including permanent, year-round occupancy.
A parcel of land in a recreational vehicle park or campground
for the placement of a single recreational vehicle for the exclusive
use of its occupants.
A recreation facility located on the same lot with, and as
an accessory to, a single-family or two-family dwelling, used exclusively
by the residents of the dwelling and their invited guests. The facilities
are used for leisure activities, sports and recreation and could include
Jacuzzis, swimming pools, tennis courts, bocce, shuffleboard or croquet,
play equipment and similar facilities. These facilities shall not
exceed 35% of the total land area bounded by the side lot lines, the
rear wall of the dwelling and the rear property line.
An area operated by a public agency that is available to
the general public, whether or not an admission fee is charged. This
includes either indoor or outdoor facilities for the pursuit of leisure
activities, sports and recreation, including, but not limited to,
parks, playgrounds, playing fields, golf courses, tennis courts, golf
or batting practice facilities, swimming pools and similar facilities.
The reconsideration, after a specific period of time, by
a municipal governing or appointed body of a grievance previously
decided not in favor of the person bringing the original appeal but
requested by that person for review because of changed circumstances
or new information affecting the original appeal.
Any building or property owned by a church or other nonprofit
organization devoted to a religious purpose, which may include one
or more of the following activities: youth or adult camp, retreat,
revival center, biblical walk, memorial site and other similar one-time,
periodic, year-round or seasonal activities, whether or not these
activities are conducted on the site of a church, as defined herein.
See "parking, required."
Any establishment, including laboratories, which carries
on investigation in the natural, physical or social sciences or engineering
and development as an extension of such investigation with the objective
of creating end products and which may include pilot manufacturing,
as defined herein, and supporting storage and transportation facilities
as an accessory use.
Any property or parcel of land in any zoning classification
on which exists a legally occupied dwelling.
Any single lot or parcel of ground on which the construction
of a residential dwelling is anticipated.
See "dwelling types," Subsection P.
A plan for the development of a property allowing greater
flexibility in the arrangement of buildings than would be permitted
by a conventional lot plan, but allowing preservation of parts of
the lot that would be difficult to develop and/or could create environmental
damage if developed.
See "sign, residential."
Any single-family home, two-family home, attached dwelling,
apartment or dwelling group.
An establishment that offers food and beverages for sale
and consumption either on or on and off the premises as the principal
use and that may serve alcoholic beverages for consumption on the
premises as an accessory use.
Any subdivision or transfer of land, laid out on a plat which
has been approved by the governing body of the municipality, which
changes, or proposes to change, property lines and/or public rights-of-way
not in strict accordance with the approved plan.
The sale on the premises of commodities and/or services directly
to consumers and may include the storage or warehousing of materials
incidental to the retail sales on the premises, but not including
the manufacturing or processing of any products.
See "dwelling types," Subsection R.
See "dwelling types," Subsection Q.
See "boarding stable or riding academy."
A public or private open area of land reserved or legally
dedicated for public purposes to provide access across private or
public property, such as a street, alley or interior walk, or for
the passage of public utilities, including stormwater. All must be
recorded in the office of the Butler County Recorder of Deeds.
The entire right-of-way of a public or private street or
highway.
The surface water discharge or rate of discharge of a given
watershed after a rainfall or snowfall that does not enter the soil
but runs off the surface of the land.
The surface water runoff that can be reasonably anticipated
upon maximum development of that area of the watershed located upstream
from the subject tract, as permitted by current design standards in
current land use regulations, including any stormwater management
regulations.
A public or private institution of learning which is registered
with or accredited by a recognized regulatory agency.
An institution where instruction is given to pupils in arts,
crafts, dance, painting, sculpture, singing, trades and/or professions
and operated as a commercial enterprise, distinguishing it from schools
supported by taxation.
A buffer intended to protect residential properties from
abutting commercial and industrial activities that might deteriorate
the residential property values.
For purposes of determining the number of off-street parking
spaces required for certain uses, the number of seats is the number
of seating units installed or indicated, or each 24 lineal inches
of benches, pews, or space for loose chairs.
The process by which mineral or organic matter is assimilated
or deposited by moving wind, water, or gravity. Once the matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
See "mini warehouse or self-storage facility."
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
Owned, operated or controlled by a nonprofit organization,
association or corporation, including, but not limited to, a community
association, a condominium association or a homeowners' association
organized to provide recreation, maintenance or other community services.
Any establishment whose primary activity is the provision
of assistance, as opposed to products, to individuals, businesses,
industry, government, other enterprises, or domestic pets.
See "automobile and gasoline service station."
The required minimum horizontal distance that a structure
can be located from a right-of-way or property front, rear or side
line, or another structure, thereby creating a required open space
on the lot. Where a lot boundary line and a right-of-way line are
not the same, the setback shall be the minimum horizontal distance
between the right-of-way line and the building line.
The disposal of sanitary sewage created on the premises in
the soils of the lot, without drainage onto abutting property or streets.
The collection of sewage by underground pipes draining to
a disposal plant in a system operated by a public authority.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions or acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse, or physical
contact with a person's clothed or unclothed genitals, pubic area
or, if such person is female, her breast(s).
See "adult-oriented businesses."
See "adult-oriented businesses."
A small, portable (nonpermanent) accessory structure used
to store household goods, tools and/or equipment. A shed may not be
used as a dwelling. To be considered a shed, the structure may not
exceed 144 square feet in area, may not exceed 12.5 feet in height
(including roof panels), and shall be limited to one floor.
A facility operated by a nonprofit agency providing temporary
lodging, with or without meals, for persons of limited income with
no ordinary or regular residences or to persons who need such shelter
to avoid an abusive situation or because of a sudden event such as
fire, flood, domestic violence, condemnation, or court-ordered conviction.
An area or structure specifically designed for the safe discharge
and use of bows and arrows, rifles, shotguns, pistols, silhouettes,
skeet, trap, black powder, or any similar firearm for the purpose
of sport shooting or military/law enforcement training.
See "lot line, side."
See "yard, side."
Refer to § 300-27 of this chapter for sign definitions.
See Subsection A under "dwelling types."
A land surface, not necessarily a complete property and possibly
several properties, developed, or proposed for, a specific use.
A layout and/or required plans, drawings and supporting documents
of a property showing all improvements proposed to be placed on or
under the property in the course of development, as well as existing
conditions on the property that will remain.
The face of an embankment or cut section; the degree of deviation
of a surface from the horizontal, usually expressed in percent or
degrees, or feet per 100 feet of horizontal distance.
The movement, by truck or other means of conveyance, the
temporary holding or permanent disposition of any municipal waste.
A retail establishment having a gross floor area of 5,000
square feet or less devoted exclusively to the sale of distinctive,
high-quality merchandise, including one or more of the following:
apparel and accessory boutique; art, music and photography gallery
or studio; antique or interior design shop; bookstore; card, gift
and stationery store; confectionery; florist; bakery; historic or
museum shop; ice cream parlor; jeweler; kitchen accessory shop; optical
shop; newsstand; tobacco shop; travel agency; wine shop; and specialty
shops similar to the above, but excluding establishments offering
general merchandise in a discount setting and establishments constituting
an adult service, as defined herein.
Human genitals, pubic region, buttocks, female breasts below
a point immediately above the top of the areola or human male genitals
in a discernibly turgid state, even if completely or opaquely covered.
Human genitals in a state of sexual stimulation or arousal,
acts of human masturbation, sexual intercourse or sodomy or fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breast.
Natural or mechanical treatments of a mass of soil or ground
area to increase or maintain its stability or otherwise improve its
engineering properties and resistance to erosion.
A structure or land use in or on which equines are kept for
sale or hire to the public. Breeding, boarding, and/or training of
equines may also be conducted. Instruction in riding, jumping, and
showing may be offered.
The keeping of horses for personal use only on a lot which
does not meet the minimum acreage requirements for a farm, not involving
any profit-making activity such as boarding, riding instruction or
training of horses owned by persons other than residents of the lot.
A minimum of five acres is required.
Design techniques used to blend a building-mounted accessory
telecommunications antenna into the surrounding environment and to
minimize the visual impact as much as possible. These design techniques
are applied to blend the proposed facility into the existing structure
or visual backdrop in such a manner as to render it less visible to
the casual observer. Such techniques 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 architectural features.
[Added 12-18-2017 by Ord.
No. 897]
A transcription of the testimony taken at a public hearing,
recorded by a professional stenographer at that hearing.
A structure containing separate, individual and private storage
compartments of various sizes, leased or rented through individual
contracts for varying amounts of time.
The keeping, in an unenclosed area, of any goods, junk, material,
merchandise, or vehicles in the same place for more than 24 hours.
Water or snowmelt that falls upon or flows across the land
surface, seeking lower elevations in its passage.
The vertical dimensions between a floor and the floor of
the next level above or below, when the dimension between the floors
is at least six feet, or, if no floor above, then the ceiling above.
A public or private way or thoroughfare which affords primary
vehicular access to abutting properties. The term "street" shall include
the words "street," "road," "avenue," "highway," "parkway," "freeway,"
"boulevard," "viaduct," "lane," "court," "trail" and/or other terms
commonly applied to public or private ways or thoroughfares used,
or intended to be used, by vehicular traffic or pedestrians, but shall
not include the word "alley." Types of streets:
STREET, ARTERIALA public street which serves large volumes of high-speed and long-distance traffic and includes facilities classified as main or secondary highways by PennDOT. The governing body of the municipality shall establish, from time to time, a list of arterial streets by resolution. The list of arterial streets shall be available to the public in the municipality's Zoning Office.
STREET, COLLECTORA public street that, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic from minor streets to community facilities and a major system of arterial streets, including principal entrance streets of a residential development and streets for major circulation within such developments. The governing body of the municipality shall establish, from time to time, a list of collector streets by resolution. The list of collector streets shall be available to the public in the municipality's Zoning Office.
STREET, LOCAL OR LOCAL ACCESSStreets that are used primarily to provide access to abutting properties and which accommodate low volumes of traffic.
STREET, MARGINAL ACCESSMinor or local streets which are parallel and adjacent to arterial streets and provide access to abutting properties, control of intersections with arterial streets, and/or protection from through traffic.
STREET OR DRIVE, PRIVATEA recorded private right-of-way which affords means of vehicular access to abutting property, generally to the back or side of properties otherwise abutting a street.
STREET, PUBLICA public right-of-way dedicated and open for public use which has been adopted by the Township, county, commonwealth or other governmental body.
The distance for which a lot line adjoins a street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including
buildings, swimming pools, signs, billboards, carports, porches, landfills,
walls and fences exceeding four feet in height, and other building
structures. For the purposes of this chapter, patios, driveways, walkways,
parking pads and similar paved areas shall not be considered structures,
nor shall minor decorative structures accessory to a dwelling unit
not intended for human habitation such as mailboxes, flagpoles, lawn
ornaments and the like be considered structures.
See "height of structure."
See "nonconforming structure."
A premises used by a teacher, or teachers, of music, dancing
and/or art, where one or more students are taught in a class. This
term is synonymous with "dancing school" and other similar expressions.
See "developer."
The division of an area of land by any means into two or
more lots, tracts, parcels or other divisions of land, including changes
to 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 division of land for agricultural purposes into parcels of
more than 10 acres, and not involving any new street or easement of
access or any residential dwelling, shall be exempted.
Any subdivision abutting or accessible to a fifty-foot right-of-way,
existing public street or road; involving no more than four lots,
plus residual land; and which conforms in terms of area and dimensions,
parcels of land, or other division of which does not require a new
street, sanitary sewers, storm sewers, water mains, or other public
improvements.
The arrangement of the division of an area of land into two
or more lots for the purpose of immediate or future sale or lease,
as regulated by the municipality and county subdivision regulations.
Any addition to an ordinance either to amplify existing requirements
or to add additional controls, requiring the same procedures as for
amendment.
Any surface activity that requires a Department of Environmental
Protection (DEP) permit.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas. As herein
defined, the term "swimming pool" shall be deemed to be a structure.
A swimming pool which is totally contained within a structure
and surrounded on all four sides by the walls of the enclosing structure.
Any swimming pool which is not an indoor pool.
See "bar or tavern."
A motor vehicle, other than a limousine, offered to the public
by a taxicab business for the purpose of carrying or transporting
passengers for a charge or fee.
A location where taxis wait to be called for their next passenger
transport.
See "construction trailer, temporary."
Any use or structure accessory to an existing principal use
on the lot which is intended to be used for not more than six months
in any twelve-month period.
Acknowledgement by a municipality that all preliminary aspects
of a proposal for development have been successfully completed and
that the developer may proceed into final planning, but in no way
permits the developer to commence construction.
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical or other live performances.
See "dwelling types," Subsection S.
The Township of Butler, Butler County, Pennsylvania.
A lot or contiguous group of lots in single ownership or
under single control and usually considered a unit for purposes of
development.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. A
traditional neighborhood development is relatively compact, limited
in size, and oriented toward pedestrian activity. It has an identifiable
center and a discernible edge. The center of the neighborhood is typically
in the form of a public park, commons, plaza, square or prominent
intersection of two or more major streets. Generally, there is a hierarchy
of streets laid out in a rectilinear or grid pattern of interconnecting
streets and blocks that provides multiple routes from origins to destinations,
and is appropriately designed to serve the needs of pedestrians and
vehicles equally.
The attaching of development rights to specified lands which
are desired by a municipality to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands where more
intensive development is deemed to be appropriate.
The use of a parcel which is visible from a major highway
and where services are provided for transient trade, including motels,
hotels and bed-and-breakfast establishments.
One who maintains legal residency elsewhere or otherwise
does not meet expectations of permanent residency, but may be lodging
in the Township under a commercial basis for a period of less than
30 days.
[Added 12-18-2017 by Ord.
No. 897]
See Subsection E under "dwelling types."
See Subsection B under "dwelling types."
See "lot types."
Two or more structures housing principal uses grouped on
a single zoning lot, including, but not limited to, retail centers,
schools, churches, hospitals, institutional or industrial structures.
The purpose for which land or a building is arranged, designed
or intended or for which land or a building is or may be occupied
or maintained.
See "nonconforming use."
See "principal use."
Relief from the literal provisions of Chapter 252, Subdivision and Land Development, when the subdivider can show that a provision would cause unnecessary hardship if strictly adhered to, due to topographical or other conditions peculiar to the site. The Planning Commission may recommend such modification or waiver if, in its opinion, a modification or waiver would not destroy the intent of Chapter 252, Subdivision and Land Development. The municipal governing body may authorize such relief through the granting of a modification or waiver. Any relief thus authorized shall be entered into the minutes of the municipal governing body's meeting, along with the reasons justifying it.
See "fence or wall."
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with either perennial
or intermittent flow.
Those areas that are inundated or saturated by surface water
or groundwater as deemed by the Pennsylvania Department of Environmental
Protection (DEP), 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.
An establishment engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, or acting as a broker
for such merchandise sales.
Any device including, but not limited to, a wind charger,
wind turbine or windmill that is designed to convert wind power into
another form of energy such as electricity or heat.
An area of land under common ownership and control containing
two or more WECS (wind-energy conversion system) devices, including
cables, wires and appurtenant accessory structures necessary to the
operation of the facility.[18]
A required front, rear or side area of a property, between
the property line and setback line, with open space which is unoccupied
and unobstructed from the ground to the sky, except as otherwise provided,
by any portion of a principal structure, other than certain projections
expressly permitted by this chapter, and not including any portion
of a street or alley.
An open, unoccupied space (See "yard" above.) extending between
side lot lines across the full lot width between the right-of-way
line and the front of the building projected to the sidelines of the
lot. Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into a required
front yard.
A yard, as defined above, extending the full width of the
lot and situated between the rear property line of the lot and the
rear line of the building extending across the rear of the lot between
the required side yard lines parallel to the rear lot line, the minimum
horizontal distance required by this chapter.
A yard, as defined above, between the building and the sideline
of the lot and extending from the front yard to the rear yard. A building
shall not extend into the required side yards.
A common lot line on which a wall of a structure may be constructed;
the location of a building on a lot in such a manner that one or more
of the building's sides rests directly on a lot line and complies
with all Fire Code requirements for construction on a lot line.
The combination of controls, requirements and uses that are
permitted by right or condition, and the constraints on development
that define the activities that may occur in a zoning district and
apply uniformly throughout a zoning district.
A contiguous area of land defined as boundaries and location
on an Official Zoning Map, on all parts of which the uniform controls
and requirements for development apply, and within which only certain
types of land uses are permitted and within which other types of land
uses are excluded, as set forth in this chapter.
The perimeter line completely enclosing a zoning district.
The official map delineating the boundaries and title of
each of the zoning districts of Butler Township, Butler County, Pennsylvania,
together with all amendments subsequently adopted, which is incorporated
in and made a part of this chapter by reference thereto. The Zoning
Map is on file in the office of the municipality's Zoning Officer.
The Butler Township Zoning Hearing Board, Butler County,
Pennsylvania, as duly established pursuant to this chapter, which
is appointed by the governing body of the municipality to examine
appeals for relief from strict conformance of this chapter and to
hear testimony regarding the validity of any regulations upon development
in the municipality or regarding challenges to the decisions of the
Zoning Officer.
The official map of zoning districts for the municipality,
included as part of this chapter, which shows precisely the boundaries
and titles of each zoning district.[19]
That person appointed by the governing body of the municipality
and charged with the responsibility of administering and enforcing
this chapter and, at the discretion of the governing body of the municipality,
other local ordinances affecting development, who also has the power
to halt illegal construction, to issue occupancy permits, and to interpret
the meaning of various sections of this chapter, subject to appeal
before the Zoning Hearing Board.
A document issued by the Zoning Officer, indicating that
a proposed use or development will comply with all applicable requirements
of this chapter and authorizing the applicant to proceed to obtain
all required building permits.
[1]
Editor’s Note: The former definition of “animal,
domestic,” which immediately followed this definition, was repealed
12-18-2017 by Ord. No. 897.
[2]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[3]
Editor’s Note: The former definitions of “communications
facilities, essential” and “communications or telecommunications
tower,” which immediately followed this definition, were repealed
12-18-2017 by Ord. No. 897.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See the definition of "dwelling types."
[8]
Editor's Note: See 32 P.S. § 679.101 et seq.
[9]
Editor's Note: See 53 P.S. § 10603(f).
[10]
Editor's Note: See 53 P.S. § 10503(1.1).
[11]
Editor's Note: Now known as the "Natural Resources Conservation
Service."
[12]
Editor's Note: See 53 P.S. § 10101 et seq.
[13]
Editor's Note: See 53 P.S. § 10101 et seq.
[14]
Editor's Note: See 53 P.S. § 10101 et seq.
[15]
Editor's Note: Said Act was repealed 10-15-1998 by P.L. 729,
No. 93. See now 65 Pa.C.S.A. § 701 et seq.
[16]
Editor's Note: See 53 P.S. § 10101 et seq.
[17]
Editor's Note: See 53 P.S. § 10101 et seq.
[18]
Editor’s Note: The former definition of "wireless telecommunications
facilities," which immediately followed this definition, was repealed
12-18-2017 by Ord. No. 897.
[19]
Editor's Note: The Zoning Map is on file in the office of
the Township Zoning Officer.
