A.
The language and words set forth in this Article II of this chapter are defined in order to facilitate the interpretation of the chapter for administrative purposes and in the carrying out of duties by appropriate officers. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning indicated in this article.
(1)
Words used in the present tense shall include the future tense.
(2)
Words used in the singular include the plural and vice versa.
(3)
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory.
(4)
The words "person," "applicant," "subdivider," "developer" and "landowner"
include a corporation, unincorporated association, a partnership,
other legal entity, as well as an individual.
(5)
The masculine gender includes the feminine and neuter. The feminine
gender includes the neuter and masculine. The neuter gender includes
both feminine and masculine.
(6)
The words "building" and "structure" shall be construed as if followed
by the phrase "or part thereof."
(7)
The word "used" or "occupied" as applied to any land, or structure
shall be construed to include the phrase, "intended, arranged or designed
to be used or occupied."
(8)
The word "erected" shall be inclusive of the words "constructed,
altered, or moved."
(9)
Except as provided in Subsection A(11) of this subsection, for those terms used in this chapter but not defined in this Article II of this chapter or elsewhere in this chapter, the definitions found in the Pennsylvania Municipalities Planning Code (MPC)[1] or various chapters of the Code of the Township of Fairview
specifically including but not limited to chapter(s): relating to
code enforcement, uniform construction code;[2] relating to floodplains;[3] relating to streets and sidewalks;[4] relating to subdivision and land development (and also
stormwater management);[5] and relating to trees;[6] shall apply.
(10)
For those words used in this chapter but also which are defined
in various chapters of the Code of the Township of Fairview, wherever
and whenever the terms and associated definitions are not consistent,
the terms and associated definitions used in this chapter govern the
regulations and standards in this chapter.
(11)
For those words used in this chapter but not defined in this
chapter or in the terms and associated definitions found in various
chapters of the Code of the Township of Fairview, the definition of
the term found in the most recent edition of Webster's Unabridged
Dictionary shall apply.
B.
Illustrations and tables. In instances of any differences of meanings
or implications between the text of this chapter and any caption,
illustration or table, the text shall control. No caption, illustration,
or table shall be construed to limit the scope or intent of the text
of this chapter.
For the purposes of this chapter, the following terms shall
have the following meanings:
The relinquishment of property, or a cessation of the use
of the property, by the owner without the intention of transferring
rights to the property to another owner, or of resuming the use of
the property.
Areas of contiguous lots that share a common property line
or lot line, or are separated by a common border including easements,
but excluding lots entirely separated by a public right-of-way for
a street or alley.
See Chapter 260 relating to subdivision and land development. (A private drive providing vehicular access between a public or private street and a parking area within a land development.)
The traveled way by which automobiles and other similar motor
vehicles enter and depart parking spaces.
An alternative energy system that supplies energy primarily
for on-site use, except that when a property upon which the system
is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company. This definition
shall not in any way limit or preclude those accessory alternative
energy systems conducted pursuant to and part of power purchase agreements.
An individual independent dwelling unit, incorporated into the principal or accessory building or structure located on an owner occupied lot upon which the permitted principal use is a single-family detached dwelling, and which meets the requirements for such use in Article X of this chapter relating to additional supplemental standards and requirements for specific accessory uses.
The use of land, structure, or building for a specific purpose.
A use involving the process of converting an existing traditional
farm building or structure, including but not limited to barns and
silos, to a new use other than that for which it was originally designed
and used, in a sympathetic, compatible, and context-sensitive manner.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (An extension or increase in floor area or height of a building or structure.)
Two or more abutting lots or two or more lots separated only
by a public street right-of-way, another lot, or as otherwise specified
in this chapter.
Agricultural uses that involve, but are not necessarily limited
to, one or more of the following conditions:
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)An agricultural operation that meets the criteria established by the Department of Environmental Protection under authority of the act of June 22, 1937 (P.L. 1987, No. 394), known as the Clean Streams Law.[1]
CONCENTRATED ANIMAL OPERATION (CAO)An agricultural operation that meets the criteria established by the State Conservation Commission in regulations under the authority of 3 Pa.C.S. Chapter 5 (relating to nutrient management and odor management) in Chapter 83, Subchapter D (relating to nutrient management).
OTHER AGRIBUSINESSAny agricultural operation other than a CAFO or CAO, whether involving animal, animal product, or vegetable production, which occurs within an enclosed structure exceeding 10,000 square feet.
An enterprise upon and accessory to a working farm or agricultural
operation and offered to the public or to invited groups for the purpose
of combining and providing the elements and characteristics of agriculture,
entertainment, education, recreation, or active involvement in the
farm operation.
See MPC. (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.) For purposes of this chapter, "agricultural operations" shall not be construed to be an agribusiness or forestry (timber harvesting) as defined in this Article II of this chapter.
An establishment directed at meeting the needs of those engaged
in farming, agricultural operations, and agribusiness. Such activities
shall be directed at providing goods, materials, and services needed
to farm and for agricultural operations and agribusinesses, rather
than the distribution of goods produced on the farm, agricultural
operations and agribusinesses.
Unless specifically defined elsewhere in this chapter, the following words and phrases when used in Article VI of this chapter relating to the Airport Overlay Zoning District shall have the meaning given to them in this definition:
AIRPORT(S)CAPITAL CITY AIRPORT (CXY) AND HARRISBURG INTERNATIONAL AIRPORT (MDT) — Any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities for rights-of-way, together with all airport buildings and facilities thereon.
AIRPORT ELEVATIONThe highest point of an airport's usable land area measured in feet above sea level. The airport elevation for Capital City Airport is 347 feet; and the Airport Elevation for Harrisburg International Airport is 310 feet.
AIRPORT HAZARDAny structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for in Article VI of this chapter relating to Airport Overlay Zoning District (APO) and Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[2]
APPROACH SURFACE ZONE (ASZ)An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone is derived from the approach surface.
CONICAL SURFACE ZONE (CSZ)An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically (or 20:1) for a horizontal distance of 4,000 feet. The conical surface zone is based on the conical surface.
FAAFederal Aviation Administration of the United States Department of Transportation.
HEIGHTFor the purpose of determining the height limits in all Airport Overlay Zoning District-related zones set forth in Article VI of this chapter relating to Airport Overlay Zoning District (APO) and shown on the on "Township of Fairview, York County, PA, Official Zoning Map" listed in Article III of this chapter relating to zoning districts and map, the datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE ZONE (HSZ)An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone is derived from the horizontal surface.
LARGER-THAN-UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
NON-PRECISION-INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.
OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by Article VI of this chapter relating to Airport Overlay Zoning District (APO).
PRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precisions Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE ZONE (PSZ)An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone is derived from the primary surface.
RUNWAYA defined area of an airport prepared for landing and takeoff of aircraft along its length.
TRANSITIONAL SURFACE ZONE (TSZ)An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone is derived from the transitional surface.
TREEAny vegetative object of natural growth.
UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.
Any change, addition, or modification in construction, occupancy,
or use.
Any one or more method and facilities used in the conversion,
storage, and distribution including electrical infrastructure, transmission
lines, and other appurtenant structures and facilities of renewable
energy sources (including but not limited to sunlight, wind, rain,
tides, and geothermal heat).
Revisions to the zoning text and/or the Official Zoning Map
to depict a change in use in any regulations and/or change in zoning
district location(s).
An establishment offering veterinary services to all types
of animals, which also includes outdoor or overnight keeping or boarding
of animals.
An establishment in which three or more animals are housed
or contained and which is owned, operated, or maintained by a duly
incorporated humane society, animal welfare society, society for prevention
of cruelty to animals, animal rescue group, or any other such duly
incorporated organization devoted to the welfare, protection, and
humane treatment of animals.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
An individual independent dwelling unit within a residential
building.
The creation of multifamily dwelling units or apartments
by converting an existing single-family detached dwelling without
substantially altering the exterior of the building.
See MPC. (A landowner or developer, as hereinafter defined,
who has filed an application for development including his heirs,
successors and assigns.)
See MPC. (Every application, whether preliminary, tentative
or final, required to be filed and approved prior to 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 development plan.)
The visible, functional, or ornamental objects accessory
to and part of buildings.
An arched covered passageway or avenue; a series of arches
with their columns or piers.
A curved structure that spans an opening and is supported
at both ends.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (A building or part thereof housing persons, on a twenty-four-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted-living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse center and convalescent facilities.) For purposes of this chapter, assisted-living facilities shall not include halfway houses, group homes, social rehabilitation facilities, and alcohol and drug abuse centers. Assisted-living facilities shall be licensed as personal care centers by the Commonwealth of Pennsylvania.
See "municipal authority."
An establishment that contains automated devices performing
banking or financial functions which are operated by the consumer
or patron primarily for those who remain in their automobile, but
may also be operated by those customers walking up to the device.
An establishment involving the indoor and/or outdoor display,
sale, or rental of new and used motor vehicles including cars, motorcycles,
trailers, light trucks, other similar light-duty motor vehicles; and
which may include: washing and polishing of vehicles; major and minor
mechanical repairs and body work; state inspections; oil changes and
lubrications; and tune-ups; conducted within a completely enclosed
building or structure. Additionally, this use includes: the dispensing
or sales of fuel/gas for motor vehicles; and the sale and installation
of lubricants, tires, batteries, and similar vehicle accessories.
An establishment used for the storage, collection, baling, packing, sorting, handling, disassembling, recycling, resource recovery, purchase or sale of any material which has been used, salvaged, scrapped or reclaimed, but is capable of being reused in some form including, but not limited to, metals, fiber, paper, cloth and rags, rubber, rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber, boxes, crates, pipe and pipe fittings, tires, two or more motor vehicles which are inoperable and do not have a current and valid inspection sticker as required by the Commonwealth of Pennsylvania, and motor vehicle parts, but not including garbage or other organic wastes. No material which fails to meet this definition because it is discarded and incapable of being reused in some form shall be placed in any establishment as defined in this Article II of this chapter. In no zoning district shall this use be considered to be accessory or incidental to another use. This term includes "junkyards" as defined in Chapter 172 relating to licenses, permits and general regulations, junkyards and scrap yards.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which is covering is attached.)
An establishment, in which money is kept for savings or commercial
purposes, investment purposes, supplied for loans, or exchanged, and
that includes routine interactions with customers and/or patrons.
A bank may also provide financial counseling, planning, and services
related to money management, and includes those establishments considered
savings and loans and credit unions.
See "tavern/bar."
See Chapter 113 relating to code enforcement, Uniform Construction Code. (A story that is not a story above grade plane.) For purposes of this chapter, "basement" does not apply to provisions for flood loads.
An owner-occupied or manager-occupied establishment within
a single-family detached dwelling and/or the associated accessory
structure, providing temporary, overnight lodging accommodations in
sleeping rooms/units for transient guests and related meal service
for compensation. Bed-and-breakfast may also host accommodations for
private events (e.g., weddings and conferences). Temporary, overnight
lodging occurs within individual sleeping rooms/units which do not
contain cooking facilities.
The solid rock that underlies the soil and other unconsolidated
material or that is exposed at the surface.
An establishment engaged in the sale and delivery of beer
and ale, and similar alcoholic beverages, such as malt liquor and
wine coolers, in wholesale quantities to retail sellers, as well as
retail sales to the public.
A mound of soil, either natural or man-made, used to obstruct
views and attenuate sound, among other purposes.
Activities, facilities, designs, measures or procedures used
to manage stormwater impacts from regulated activities, to meet state
water quality requirements, to promote groundwater recharge and to
otherwise meet the purposes of this chapter. Stormwater BMPs are commonly
grouped into one of two broad categories or measures: "nonstructural"
or "structural."
NONSTRUCTURAL BMPsMeasures referred to as operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas "structural" BMPs are measures that consist of a physical device or practice that is installed to capture and treat stormwater runoff.
STRUCTURAL BMPsIncludes, but are not limited to, a wide variety of practices and devices, from large-scale wet ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. "Structural" stormwater BMPs are permanent appurtenances to the project site.
See Chapter 260 relating to subdivision and land development. (An area, divided into lots and bounded by three or more streets.)
See Chapter 113 relating to code enforcement, Uniform Construction Code. (A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.) A boarding house shall not include a use that meets the definition of a treatment center, hotel, motel, personal care facility, bed-and-breakfast, group home, group care facility, long-term-care nursing facility, and/or similar type group living use. A boarding house may involve the provision of meals to residents, but shall not include a restaurant open to the public.
A constructed or altered segment of the riverbank or shore
used for the purpose of enabling a recreational boat to be placed
into the water from a trailer or other apparatus used to transport
or store the boat.
The Board of Supervisors of the Township of Fairview also
may be referenced as the Fairview Township Board of Supervisors. (See
"governing body.")
Rock fragments larger than two feet in diameter.
An open area of land that is located between two uses, and
intended to mitigate negative impacts, such as visual and noise, of
the more intense/dense use and/or zoning district on the less intense/dense
use and/or zoning district.
An open area of land that is located between two uses, that
is intended to mitigate negative impacts, such as visual and noise,
of the more intense/dense use and/or zoning district on the less intense/dense
use and/or zoning district, whose dimensions normally exceed, but
may include where specified, the required building setback or yard
requirements, and which is generally planted and may include required
screening, and within which no building structure, or otherwise shall
be permitted except those used as part of required screening as otherwise
provided for in this chapter.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (A structure used or intended for supporting or sheltering any use or occupancy.)
A detached, subordinate building or structure, the use of
which is customarily incidental and subordinate to that of the principal
building, structure, or otherwise principal use of the lot, and which
is located on the same lot as that occupied by the principal building,
structure, or otherwise principal use of the lot.
A building connected to another building or structure via
one or more common party wall(s).
A building surrounded by open space on the same lot.
The main or primary building or structure, the use of which
is primary and essential to that of any accessory building, structure,
or other accessory use of the lot, and which is located on the same
lot as any accessory building, structure, or other accessory use of
the lot.
The administrative officer certified by the PA Department of Labor and Industry to manage, supervise, administer code enforcement activities, and issue building permits under the authority of the PA Uniform Construction Code pursuant to Chapter 113 relating to code enforcement, Uniform Construction Code, who is appointed by the Board of Supervisors of the Township of Fairview.
The front exterior face, elevation, or wall of a principal
building, that is often facing street rights-of-way (excluding alleys).
The sum total of the ground area of a site occupied by any
building measured from the exterior face of exterior walls; this includes
courts and decks or porches when covered by a roof.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (The vertical distance from grade plane to the average height of the highest roof surface.)
A line parallel to the front, side, and/or rear lot line,
touching that part of the structure closest to said lot line.
A document signed by the Building Code Official, as required in Chapter 113 relating to code enforcement, Uniform Construction Code, as a condition that shall be met prior to commencing with the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such building or structure complies with the provisions of Chapter 113 relating to code enforcement, Uniform Construction Code, and this chapter.
See "setback line."
An establishment containing a group of three or more businesses
permitted in the applicable zoning district, but may also include
other similar and related establishments; planned and designed for
the site on which it is built and functioning as a unit on the parcel(s)
on which it is located, with internal vehicle circulation (public
or private) and off-street parking provided as an integral part of
the park. This term shall not include shopping centers.
A structure providing temporary cover or protection, as from
the weather, to riders waiting to board buses and other similar public
transportation motor vehicles.
The diameter of a tree trunk measured at 4 1/2 feet
from ground level.
Any individual who occupies a campsite or otherwise assumes
charge of, or is placed in charge of, a campsite.
A state-permitted establishment, through the Pennsylvania
Department of Health, in which a portion of land is used for the purpose
of providing a space for trailers, recreational vehicles, or tents
for camping purposes, regardless of whether a fee has been charged
for the leasing, renting or occupancy of the space, in accordance
with the Pennsylvania Code, Title 28, Chapter 19. The campground may
be an organized camp which includes a combination of programs and
facilities established for the primary purpose of providing an outdoor
group living experience for children, youth and adults with social,
recreational, and educational objectives and operated and used for
five or more consecutive days during one or more seasons in a calendar
year.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (A permanent structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration, and shall be structurally independent or supported by attachment to a building on one end by not less than one stanchion on the outer end.)
A roofed structure that is enclosed on not more than two
sides and provides space for the parking of motor vehicles, and is
accessory to a principal or accessory structure (unless it is attached
to the building or structure, in which case it shall comply with all
applicable principal or accessory structure standards of this chapter).
See Chapter 260 relating to subdivision and land development. (The portion of a street right-of-way, paved or unpaved, intended for vehicular use.)
An establishment involving the burial for and/or long-term
internment of human or animal remains either in the ground or in structures
such as columbariums, mausoleums, and entombments.
The certificate issued by a duly authorized Township officer
which permits the use of a building or structure in accordance with
the approved plans and specifications and which certifies compliance
with the provisions of law for the use and occupancy of the land and
structure in its several parts, together with any special stipulations
or conditions of the building permit and/or zoning permit.
Any use that differs from the previous use of a structure,
building, or land.
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with, including
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
For the purposes of this chapter, the term shall include all wood
intended to be used as fuel, including but not limited to trees, cordwood,
logs, lumber, sawdust, and wood from manufacturing processes (butt-offs,
shavings, turnings, sander dust) wood pellets, slabs, bark, chips,
and waste pallets.
See Chapter 260 relating to subdivision and land development. [An area of unobstructed vision at a street intersection(s) defined by lines of sight between points at a given distance from the intersecting street right-of-way lines.]
An establishment where three or more full-time-equivalent
licensed medical professionals, including physicians, dentists, opticians,
psychologists, and other similar medical personnel and vocations,
examine and treat patients on an outpatient basis. Such a facility
may also include a pharmacy, provided that such use has access only
from the interior of the building or structure. This use shall not
include overnight accommodation of patients. This use shall also in
include those establishments commonly known as ambulatory surgical,
urgent, and emergency centers without overnight accommodations.
An establishment exclusively serving members and their guests, or premises or buildings that are used for social, recreational and administrative purposes, provided there are no vending stands, merchandising, or commercial activities except as required for the membership or fund-raising of such club. This use shall not include a bar, boarding house, nightclub, restaurant, or tavern open to the general public, or an auditorium, unless that particular use is permitted in that zoning district and the applicable requirements of that use are met, provided they are operated primarily to serve members and their guests. Private clubhouses or private lodges shall not be construed to be a sexually oriented business and/or related use as defined in this Article II of this chapter.
An organization catering exclusively to members and their guests and not the general public. Private clubs shall include but not be limited to, educational, fraternal, service, and political organizations, labor unions, and social and athletic clubs. Private clubs shall not be construed to be a sexually oriented business and/or related use as defined in this Article II of this chapter.
An unheated outdoor structure consisting of a wooden or concrete
frame and a top of glass or plastic, used for protecting seedlings
and plants from the cold.
A row of columns.
An establishment operated as a gainful business whose primary
purpose is to provide the general public with an amusing or entertaining
activity, and where tickets are sold or fees are collected for the
activity:
COMMERCIAL RECREATION, INDOORAn establishment operated as a gainful business, open to the public, for the purpose of leisure-time activities, public recreation or entertainment, including, but not limited to, amusement arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, health and fitness club, miniature golf course, skating rink, shooting range, swimming pool, tennis courts, etc., when operated within a completely enclosed building or structure.
COMMERCIAL RECREATION, OUTDOORAn establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building or structure, for the purpose of leisure-time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, and that may also include amusement rides or regular live entertainment. This use excludes a park, golf course, and an outdoor shooting range.
That part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products. Includes tree harvesting and logging.
See "forestry."
Any motor vehicle licensed by the Commonwealth of Pennsylvania
as a commercial vehicle.
See Chapter 260 relating to subdivision and land development. (A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.)
An establishment used for noncommercial recreational, social,
educational, and cultural activities, open to the public or a designated
part of the public, owned or operated by a public or nonprofit group
or agency.
An area of land managed and maintained by a group of individuals
to grow and harvest food crops and/or nonfood, ornamental crops, such
as flowers, for personal or group use, consumption or donation. Community
gardens may be divided into separate plots for cultivation by one
or more individuals or may be used collectively by members of the
group and may include common areas maintained and used by group members.
Capable of associating or blending with or being associated
or blended because of sensitive, harmonious, agreeable, appropriate,
or consistent combination with another or other.
The most recent version of the official public document prepared
in accordance with the MPC, consisting of maps, charts and textual
material that constitutes decisions about the physical and social
development of the Township of Fairview, as amended from time to time.
The mixing of decomposing refuse matter for the purpose of
creating fertilizer material.
See MPC. (A use permitted in a particular zoning district pursuant to the provisions in Article VI.)
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act of 1980,[3] which includes a multiple-unit land development in which
there is a system of separate ownership of individual units of occupancy
and undivided interest of land and common facilities. (For purposes
of this chapter, the specific uses associated with a condominium shall
be regulated by the applicable standards of this chapter regardless
of the form of ownership.)
A voluntary agreement between a private landowner and a municipal
agency or qualified nonprofit organization to permanently restrict
the development or use of a parcel of land or part thereof; the participating
agency holds the interest in and is empowered to enforce restrictions
against current and subsequent owners of the land.
EXISTING PROTECTED AREASLands subject to conservation easements, state and federal forest and park lands, municipal parks and conservancy properties listed as "existing protected areas" of the most recent version of the Fairview Township Comprehensive Plan.
PRIMARY CONSERVATION AREASLands containing natural features and areas deemed to be inherently unsuitable for development due to extremely severe environmental constraints including: floodplain, wetlands, streams, and steep slopes equal to or greater than 25% listed as "environmentally sensitive areas" in the most recent version of the Fairview Township Comprehensive Plan.
SECONDARY CONSERVATION AREASLands containing natural and man-made features and areas that can be developed but are significant at some level worthy of consideration for conservation including: natural area inventory sites, stream buffers, moderately steep slopes, forested areas, greenways, Yellow Breeches Water Trail, or other important features as depicted in "Appendix 1: Existing Conditions Reports, Map 12: Environmentally Sensitive Areas" of the most recent version of the Fairview Township Comprehensive Plan.[4]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile/manufactured homes.
Next to, abutting, or touching and having a boundary, or
portion thereof, that is coterminous. To physically touch or border
upon, or to share a common property line, but not overlap.
An age-restricted development or establishment that provides
a continuum of accommodations and care, from independent living to
long-term bed care, and enters into contracts to provide lifelong
care in exchange for the payment of monthly fees and an entrance fee.
An establishment primarily engaged in the retail sale of
frequently or reoccurring needed goods for household consumption prepackaged
food and beverages, foods prepared on site, magazines, lottery tickets,
tobacco products, and limited household supplies, and hardware; as
well as the rental of videotapes, DVDs and videogames, provided that
a sexually oriented business and/or related use are specifically prohibited.
The use also may include the on-site consumption of food and beverages,
as well as the retail sale of fuel/gas for passenger vehicles, oil,
grease, automobile accessories, propane, and kerosene, and automatic
motor vehicle washing facilities.
A group of uses designed and constructed as an integrated
development to serve those attending consumer trade shows, association
conferences and meetings, sports shows, banquets, receptions, and
other similar functions.
An establishment primarily engaged in providing custom printing,
photocopying, faxing, mailing, courier service and/or other similar
business and office support services, along with accessory sales of
materials and items related to copying and mailing.
The projecting horizontal element that tops a wall or flat
roof.
An establishment primarily including the on-site production,
display, and sale of goods created on-site by hand manufacturing generally
involving only the use of hand tools and/or other domestic mechanical
equipment. Typical uses include painting and other media art, ceramics,
fabric crafts, candle-making, and jewelry manufacturing. All such
production associated with this use shall occur within a completely
enclosed building.
A harvestable product including but not limited to herbs,
fruits, flowers or vegetables, planted, grown, and cultivated in the
soil.
The use of land for the tilling of the soil; the raising,
maintenance, and cultivation of crops, and also including horticulture,
apiculture, floriculture, vitaculture, for personal and, generally
noncommercial purposes.
A stone, concrete, or other improved boundary usually marking
the edge of the roadway, access drive, or paved area.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
An establishment offering care or supervision of persons
under the age of 16, special-needs adults in lieu of care or supervision
by family members, elderly persons (generally 62 years of age and
older), mentally disabled, and/or physically handicapped persons who
need such daily assistance because of their limited physical abilities,
Alzheimer's disease, mental abilities or mental retardation.
This use shall not include persons who need oversight because of criminal
and/or violent behavior. This use may involve occasional oversight
stays, but shall not primarily be a residential use. The use shall
involve typical stays of less than a total of 60 hours per week per
person.
DAY CARE, ACCESSORYAn accessory use to a residential dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day. An accessory day care does not require zoning approval.
DAY CARE, COMMERCIALAn establishment operated as a gainful business that provides care and supervision to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, places of worship, industries, residential complex, etc.); however, in no case shall a commercial day care be considered an accessory use to an individual dwelling unit. Commercial day care facilities shall include group child day-care homes and child day-care centers, as defined and regulated by the Pennsylvania Department of Public Welfare.
DAY CARE, FAMILYAn accessory use to a residential dwelling unit, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities shall be registered with the Pennsylvania Department of Public Welfare.
Plants that drop their leaves before becoming dormant in
winter.
An elevated, open, exterior structure, platform, or floor
supported on at least two opposing sides by an adjacent structure,
and/or posts, piers or other independent supports.
A restriction on the use of the land set forth in the deed
or instrument of conveyance. Such restriction usually runs with the
land and is binding upon subsequent owners of the property. The municipality
is not responsible for enforcing a deed restriction, unless the restriction
resulted from a condition or stipulation of the subdivision or land
development approval process, and in which the municipality is a party.
Unless otherwise specified in Article IV relating to the RL Zoning District, the number of dwelling units or units of occupancy per acre of net lot area.
Pennsylvania Department of Environmental Protection.
The total net tract area minus environmentally constrained
land; this total amount of land is then used to calculate a development's
overall allowable density.
See Chapter 260 relating to subdivision and land development. (Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.)
Includes the following:
Use, occupation, erection, construction, reconstruction, movement,
alteration, razing, demolition, removal, placement, of or extension
(vertical or horizontal) of a structure, building or sign;
Change of the type of use or expansion of the use of a structure,
building, or area of land;
Creation or establishment of a new use of a structure, building,
and area of land;
Creation of a new lot or alteration of existing boundaries;
Alteration or development of any improvement or unimproved real
estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation or drilling operations for underground
utilities, provided the final grade is not altered;
Construction or installation of lakes, ponds, dams, or other
water retention basins;
Land development as defined in this article shall be included
in this definition;
Other activities required to have a permit and/or approval by
this chapter relating to zoning.
See Chapter 260 relating to subdivision and land development. (The provisions for development including a planned residential development, a plat for subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.)
A dark-gray to black, fine-textured igneous rock composed
mainly of feldspar and pyroxene and used for monuments and as crushed
stone.
A glazed opening in a wall for the purpose of admitting light
and/or display of merchandise associated with a retail establishment.
A process whereby materials, goods, cargo, and products are
received and stored by one entity and then delivered to another.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses.)
An establishment, including an eating establishment, that
offers refreshments, entertainment, goods or services to patrons,
who purchase and/or consume such refreshments, entertainment, or services
on the premises and outside of the building or structure, including
patrons who may receive services, obtain goods, or be entertained
while remaining in their motor vehicles.
A structure designed for providing goods and services to
drivers and patrons who remain in their vehicles before and during
the on-site activity.
See Chapter 260 relating to subdivision and land development. (A private drive providing access between a public or private street or access drive and the parking area for a single residential unit of occupancy.)
A container generally two or more cubic yards in capacity,
for the disposing of refuse, whether generated by residential, nonresidential,
or other use.
A building occupied and used by three or more families living
independently of each other, wherein each dwelling unit shall contain
private bath and kitchen facilities, includes apartment homes/houses.
See Figure 2.1, Multifamily Dwelling Example - Plan View.
Figure 2.1
Multifamily Dwelling Example — Plan View
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A building containing one dwelling unit, occupied and used
by one family, having at least one party wall in common with other
single-family attached dwelling building(s). For units having one
party wall, there shall be one side yard, and for units having two
party walls, there shall be no side yards (except on corner lots).
Standards and regulations of this chapter shall apply to individual
units, whether on a common lot or on individual lots. Includes town
homes/houses and row homes/houses. See Figure 2.2, Single-Family Attached
Dwellings Example — Plan View, and Figure 2.3, Single-Family
Attached Dwellings (On One Lot) Example — Plan View.
Figure 2.2
Single-Family Attached Dwellings Example — Plan
View
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Figure 2.3
Single-Family Attached Dwellings (On One Lot) Example
— Plan View
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A building containing one dwelling unit occupied and used
by one family, and having two side yards (except on corner lots).
See Figure 2.4, Single-Family Detached Dwelling Example — Plan
View.
Figure 2.4
Single-Family Dwelling Example — Plan View
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A building containing one dwelling unit occupied and used
by one family, and having one party wall in common with another single-family
semidetached dwelling building and one side yard (except on corner
lots). See Figure 2.5, Single-Family Semidetached Dwellings Example
— Plan View.
Figure 2.5
Single-Family Semidetached Dwellings Example — Plan
View
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A building containing two dwelling units each occupied and
used by one family, with one dwelling unit arranged over the other,
in front of the other, or beside the other, and having two side yards
(except on corner lots). See Figure 2.6, Two-Family Dwelling Example
— Plan View.
Figure 2.6
Two-Family Dwelling Example — Plan View
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See Chapter 113 relating to code enforcement, Uniform Construction Code. (A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation). For purposes of this chapter, "or more persons" shall specifically be limited to not more than one family.
See Chapter 260 relating to subdivision and land development (a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.)
Projecting overhang at the lower border of a roof and extending
from a primary wall or support.
An establishment for the maintenance, fueling, storage, dispatching,
or parking of vehicles and/or equipment utilized for fire, emergency
medical, and ambulatory services and related activities, other than
those owned and/or operated by Township of Fairview, and/or its authorized
municipal authorities and/or agents. This use may include accessory
housing for related personnel while on call.
The greatest number of workers (including both part-time
and full-time), both compensated and volunteer, and both employees
and contractors present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
An increase in the size of an existing structure or use,
including physical size of the property, structure, building, parking,
and other improvements.
The largest number of students under educational supervision
at any one time.
The passageway into a building.
Physical limitations of a site which restrict development;
these include but are not limited to high water tables, water bodies,
wetlands, floodplains, steep slopes, woodlands, bedrock close to the
site's surface, and riparian corridors, some of which may end
up designated as conservation areas.
The provision by public utilities, municipal, or other governmental
units regulated by the Public Utility Commission (PUC) or other governmental
agencies of underground or overhead gas, electrical, steam or water
pipes, sewer and storm sewer facilities, and wires, mains, drains,
sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants and similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate services by such
public utilities, municipal, or governmental units or for the public
health, safety or general welfare.
Any organization, including a business, whether private,
public, governmental, social, or otherwise, together with its owners,
directors, employees, members, merchandise, inventory, and equipment,
founded for a specific purpose.
Plants having foliage that persists and remains green throughout
the year.
Any act by which earth, sand, gravel, rock, or any other
similar materials is dug into, cut, quarried, uncovered, removed,
displaced, relocated or bulldozed. It shall include the conditions
resulting therefrom.
The elevation of the land surface of a site prior to any
earth disturbance for site preparation work.
An activity or use of land occurring on a lot or parcel as
of the effective date of this chapter.
The face of a building; a nonstructural covering on the face
of the building, such as brick or stone.
One or more persons related by blood, marriage, legal guardianship,
licensed or court- appointed foster care or legal adoption who maintain
one common household and reside in one dwelling unit; or no more than
four persons who are not related to each other by blood, marriage,
legal guardianship, licensed or court-appointed foster care, or legal
adoption. Persons possessing a handicap as set forth in "group home"
and within the meaning of the Fair Housing Act [42 U.S.C. § 3602(h),
or successor legislation], who reside in one dwelling unit and live
and cook together as a single housekeeping unit, shall be considered
a family. A roomer, boarder, or lodger is not considered a family
member.
A business activity clearly conducted as a customary, incidental,
and accessory use to a principal agricultural operation or farm use,
but not necessarily directly related to the principal agricultural
operation or farm use.
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry
erected, intended and maintained; and/or hedges, "living fences" and
other natural vegetation planted, intended and maintained; either,
singularly, or in combination to provide screening or divide one property
from another property or public street right-of-way; enclosing an
area; helping assure privacy or protection; and/or to define and mark
the property or lot line(s).
A continuous hedgerow of living plant material planted, intended,
and maintained for the purpose of screening or dividing one property
from another property or public street right-of-way; enclosing an
area; helping assure privacy, or protection; and/or to define and
mark the property or lot line(s).
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface. It shall include the conditions resulting therefrom. The
amount of fill shall be considered the difference in elevation between
a point on the original ground and a designated point of higher elevation
on the final grade.
An establishment, excluding banks, savings and loans, and
credit unions, where the principal business is the receipt, disbursement,
or exchange of funds and currencies and includes those establishments
considered pawn shops, payday lending, and check-cashing businesses.
The elevation of the land surface of a site after completion
of all site preparation work.
A structure, device, or appurtenance, including stairways,
railings, ladders, etc. attached to the exterior of a building, erected
for emergency exit in the event of fire.
See Chapter 151 relating to floodplains ("floodplain area"). (A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse and/or any area subject to the unusual and rapid accumulation of surface waters from any source.)
See Chapter 151 relating to floodplains. (The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.)
See Chapter 113 relating to code enforcement, Uniform Construction Code. (The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.)
See Chapter 113 relating to code enforcement, Uniform Construction Code ("habitable space"). (A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.)
See Chapter 113 relating to code enforcement, Uniform Construction Code. (The actual occupied area not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and closets.)
The sum total of all floor area space relegated to use by
the customer and the retail employee to conduct retail sales, including
the display area used to indicate the variety of goods available for
customers, but not including accessory office space, storage space,
and other general administrative areas.
An establishment in which food is processed and/or prepared
on the premises, and which may be sold and/or consumed on the premises.
This term shall also include bakeries and catering establishments.
See MPC (the management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.) See "commercial
timber harvesting."
An establishment conducting embalming and cremation activities
which may include the viewing of the deceased and ceremonies connected
therewith prior to burial or cremation, but not including cemeteries,
columbariums, mausoleums, and entombments.
An accessory enclosed or covered space for the storage of
one or more vehicles, provided that no business, occupation, or service
is conducted for profit therein nor holds space therein, unless otherwise
permitted elsewhere in this chapter.
Any garage other than a private garage, that is used for
parking or storage of motor vehicles.
The cultivation of herbs, fruits, flowers, or vegetables.
An establishment developed with tees, greens, fairways and
hazards for playing at least nine holes of the game of golf, that
may include a clubhouse with dining facilities (excluding drive-through
facilities), swimming pool, tennis courts, driving range, miniature
golf and other customarily and incidental accessory uses and structures.
See MPC. (The council in cities, boroughs and incorporated
towns; the Board of Commissioners in townships of the first class;
the Board of Supervisors in townships of the second class; the Board
of Commissioners in counties of the second class through eighth class,
or as may be designated in the law providing for the form of government.)
See also Board of Supervisors.
Any establishment, use, facility, and/or structure owned
and/or operated by a government, government agency or government authority
for valid public health, public safety, public welfare, or similar
governmental purpose other than the Township of Fairview, its municipal
authorities, and/or authorized agents. This term shall not include
permitted uses defined, listed, and/or regulated separately elsewhere
in this chapter.
A building, structure, or establishment whose roof and sides
are made largely of glass or other transparent or translucent material
and in which the temperature and humidity can be regulated for the
cultivation of delicate or out-of-season plants for subsequent sale
or for personal enjoyment.
A planting of low-growing plants or sod that in time forms
a dense mat covering the area, preventing soil from being blown or
washed away and the growth of unwanted plants.
An establishment providing shelter, counseling, and other
rehabilitative services in a family-like environment for at least
nine but fewer than 15 residents, plus such minimum supervisory personnel
as may be required to meet licensing standards of the Commonwealth
of Pennsylvania, specifically the Pennsylvania Department of Public
Welfare. Residents may not be legally related to the facility operators
or supervisors and, by reason of mental or physical disability, chemical
or alcohol dependency, or family or school adjustment problems, require
a minimum level of supervision but do not require medical or nursing
care or general supervision.
A dwelling inhabited by not more than eight handicapped persons,
as identified and provided for by the Fair Housing Act, Americans
with Disabilities Act, and this chapter. This definition does not
include persons occupying a hotel, motel, bed-and-breakfast, halfway
house, boarding house, treatment center or institution. A group home
involves persons functioning as a common household unit, providing
non-routine support services and oversight to persons who need such
assistance to avoid being placed in an institution because of physical,
mental, or developmental disability, or old age, or individuals who
meet the definition of "handicap," as defined by applicable federal
law. (NOTE: The Federal Fair Housing Act amendments define "handicap"
as follows: "(1) a physical or mental impairment which substantially
limits one or more of such person's major life activities; (2)
a record of having such an impairment; or (3) being regarded as having
such an impairment, but such term does not include current, illegal
use of or addiction to a controlled substance as defined in Section
802 of Title 21." This definition was subsequently adjusted by Section
512 of the Americans with Disabilities Act [ADA] to address certain
situations related to substance abuse treatment.) For the purposes
of this chapter, group homes shall be permitted and regulated as single-family
detached dwellings.
Materials which are classified by the U.S. Environmental
Protection Agency (EPA), the Pennsylvania Department of Environmental
Protection (DEP), or the Township of Fairview as having the potential
to damage health or impair safety. Hazardous materials include but
are not limited to inorganic mineral adds or sulfur, fluorine, chlorine,
nitrogen, chromium, phosphorous, selenium, arsenic and their common
salts, lead, coal tar acids, such as phenols and cresols and their
salts, petroleum products, and radioactive material. Also included
are floatable materials with the potential to cause physical damage,
such as logs, storage tanks, and large containers, located in flood-prone
areas.
See Chapter 172 relating to licenses, permits and general regulations, junkyards and scrap yards. [Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities or any combination of the above (but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials In irrigation return flows or industrial discharge which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended [86 Stat. 880], or source, special nuclear or by-product material as defined by the United States Atomic Energy Act of 1954, as amended [68 Stat. 923]), which because of its quantity, concentration or physical, chemical or infectious characteristics may: cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The definition of "hazardous waste" set forth in the Solid Waste Management Act is Incorporated by reference (35 P.S. § 6018.103).]
An establishment involving the indoor and/or outdoor display,
sale, or rental of new and used heavy equipment, boats, mobile/manufactured
homes, recreational vehicles, truck, and other similar large or heavy-duty
motor vehicles, and which may include:
Washing and polishing of vehicles;
Major and minor mechanical repairs and body work;
State inspections;
Oil changes and lubrications; and
Tune-ups;
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conducted within a completely enclosed building or structure.
Additionally, this use includes:
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The dispensing or sales of fuel/gas for motor vehicles; and
The sale and installation of lubricants, tires, batteries, and
similar vehicle accessories.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (An area of land or water or structural surface that is used, or intended for the use, for the landing and taking off of helicopters, and any appurtenant areas that are used, or intended for use, for heliport building or other heliport facilities.) Heliports shall be licensed by the FAA and/or PennDOT.
An establishment providing for the sale of materials, products,
and supplies for home improvement, lawn, and garden, lumber, and other
similar building materials and products, including hardware stores.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling.
A structure made of piping or other material covered with
translucent plastic, constructed in a "half-round" or hoop shape.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (Buildings or portions thereof used on a twenty-four-hour basis for the medical, psychiatric, obstetrical or surgical treatment of inpatients who are incapable of self-preservation.) A hospital shall be licensed as such by the Department of Health of the Commonwealth of Pennsylvania. The term "hospital" shall not include any facility which houses the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony.
An establishment providing temporary, overnight lodging accommodations
for transient guests for compensation, in sleeping rooms/units that
each has separate access to a common interior corridor and which may
provide additional supporting services such as restaurants, meeting
rooms, recreation facilities, and living quarters for a resident manager
or proprietor.
Persons living together in a single dwelling unit, with common
access to, and common use of, all living and eating areas and facilities
for the preparation and storage of food within the dwelling unit.
An establishment or accommodating a hunting or other similar
recreational organization catering exclusively to members and their
guests engaged in hunting or similar outdoor activity purposes which
are not conducted for profit.
See "lot coverage."
See Chapter 260 relating to subdivision and land development. (A surface that generally prevents the infiltration of water into the ground.)
A body of water, such as a lake or pond, confined by a dam,
dike, floodgate, or other barrier.
See Chapter 260 relating to subdivision and land development. (A surface that generally prevents the infiltration of water into the ground.)
GENERAL INDUSTRIALAn establishment primarily:
Involving the processing and manufacturing of semi-finished
and/or finished materials or products predominately from extracted,
raw, and/or recycled materials; or
Engaged in the storage, manufacturing processes, or shipping
of flammable or explosive materials; or
Engaged in the storage of, manufacturing processes, or shipping
or materials or products that potentially involve hazardous or commonly
offensive conditions; and
Due to the more intensive nature of the processes, materials,
products, etc., such uses that may disturb and/or endanger neighboring
properties.
LIGHT INDUSTRIALAn establishment primarily:
Involving the manufacturing, predominately from previously prepared
semi-finished or finished materials, products, or parts of finished
materials and products, including processing, fabrication, assembly,
treatment, packaging, incidental storage, sales, and distribution,
as well as the repair of such finished products; but
Excluding the processing of extracted, raw, and/or recycled
materials; and
Due to the lower-intensity nature of such processes, materials,
or products, produces no noise, vibration, air pollution, fire hazard
or noxious emission, which would disturb or endanger neighboring properties.
Involved in the production and/or repair services of large-major
appliances; electrical instruments; office and vending machines; precision
instruments; electronic devices; timepieces; jewelry; musical instruments;
novelties; mass-produced personal and office furniture and equipment;
wood products such as cabinetry; printed materials including all forms
of media and signs; lithographic plates; type composition; machine
tools; dies and gauges; ceramics; apparel; lightweight metal castings;
film processing; light sheet metal products; tinsmithing, welding,
plumbing, heating, ventilating and air-conditioning plastic goods;
pharmaceutical goods, medical supplies, optical goods, and related
equipment and appliances; and food products and frozen food lockers;
taxidermy, but not animal slaughtering or curing nor rendering of
fats, when such facilities are in a completely enclosed building and/or
structure.
The manufacturing, compounding, processing, assembly, or
treatment of materials, articles, or merchandise.
See Chapter 172 relating to licenses, permits and general regulations, junkyards and scrap yards. [Discarded materials, articles or things, or materials, articles or things which were purchased for salvage or scrap value, or which were collected or obtained at no charge or which were collected or obtained for a fee by the prior owner for the purpose of disposal or recycling including, but not limited to, metal, paper (including newspaper), rags, glass, plastic, rubber, fibers, fabric, rope, cans, bottles, cardboard, lumber, wood, building materials, inoperable motor vehicles, motor vehicle parts, trailers, machinery and equipment, household appliances or parts of any of the above, held by a person for resale and/or reuse.]
See Chapter 172 relating to licenses, permits and general regulations, junkyards and scrap yards. (Any place or establishment where junk, as herein defined, is stored, kept, accumulated or disposed of or upon which one or more acts of buying, selling, offering for sale, salvaging, storing, dismantling or processing of junk occurs, whether or not such operations are conducted for profit, or any premises having two or more unlicensed or inoperable motor vehicles or such vehicles that do not have current and valid inspection stickers as required by the motor vehicle laws of the Commonwealth of Pennsylvania. The term "junkyard" shall not include premises operated as garages, service stations or repair facilities where not more than two inoperable, unlicensed or uninspected vehicles are stored at one time, where no one vehicle is stored for more than 30 days, where the total storage time for all such vehicles does not exceed 120 days per year and where such vehicles are not being stored for salvage purposes.)
An establishment in which three or more pets or domesticated
animals (such as dogs and cats, but not including livestock, horses,
poultry, or wild animals) are kept, boarded, raised, bred, treated,
or sold as a gainful business whether or not licensed through the
Department of Agriculture, in accordance with the Pennsylvania Code,
Title 7, Chapter 21, as amended or revised. For the purpose of this
definition, the production of more than two litters in any calendar
year shall be considered a commercial kennel business. This use shall
also include an establishment providing obedience training, behavior
modification training, and/or specialized skill training services
to animals, dogs, and their owners or handlers.
A body of inland water other than a stream.
See Chapter 260 relating to subdivision and land development. (Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or amount 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.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an "amusement park" is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.)
See MPC. [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.]
Also referred to as "owner."
An establishment engaged in providing off-site landscape
care and maintenance services and/or installing trees, shrubs, plants,
lawns, or gardens along with the design of landscape plans and/or
the construction (i.e., installation) of walkways, retaining walls,
decks, fences, ponds, and similar structures and may involve seasonal
snow plowing, including the buildings, structures, offices, and equipment
and material storage customarily incidental and accessory to the principal
use.
An establishment engaged in supplying, on a rental or contract
basis, of laundered items such as:
Table and bed linens; towels; diapers; and uniforms, gowns,
or coats of the type used by doctors, nurses, barbers, beauticians,
and waitresses; and/or
Industrial work uniforms and related work clothing, such as
protective apparel (flame- and heat-resistant) and clean room apparel;
dust control items, such as treated mops, rugs, mats, dust tool covers,
cloths, and shop or wiping towels.
An establishment engaging in one or more of the following:
Dry-cleaning services;
Laundering services;
Dropoff and pickup sites for laundries and/or dry cleaners;
and/or
Specialty cleaning services for specific types of garments and
other textile items (except carpets and upholstery), such as fur,
leather, or suede garments; wedding gowns; hats; draperies; and pillows.
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These establishments may provide all, a combination of, or none
of the cleaning services on the premises.
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A contractual agreement for the use of lands, structures,
buildings, or parts thereof for a fixed time and consideration.
An establishment in which literary, musical, artistic or
reference material (such as books, manuscripts, recordings or films)
are kept for use, but generally not for sale.
Defined by the Liquor Code, 47 P.S. § 1-101 et
seq.
Large animals and/or farm animals, including, but not necessarily
limited to, the following: horses, ponies, donkeys, mules, cattle,
sheep, goats or swine but also including poultry. For the purposes
of this chapter, livestock shall not be considered domestic pets.
Except as otherwise provided in Article VIII of this chapter relating to loading standards, an off-street loading space upon an area of land, open or enclosed, other than a street right-of-way (excluding alleys), used primarily for the standing, loading or unloading of motor trucks, tractors and trailers, and/or other service vehicles so as to avoid undue interference with the public use of streets (excluding alleys).
See Chapter 113 relating to code enforcement, Uniform Construction Code ("nursing home"). (Nursing homes are long-term care facilities on a twenty-four-hour basis, including both intermediate care facilities and skilled nursing facilities, serving more than five person and any of the persons are incapable of self-preservation.) A long-term nursing home shall be licensed as such by the Department of Health of the Commonwealth of Pennsylvania.
See Chapter 260 relating to subdivision and land development. (A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.) Also referred to as "parcel."
A lot at the junction of and abutting on two intersecting
streets (excluding alleys) or at the point of abrupt change of a single
street, where the interior angle is less than 135° or the radius
of the street line is less than 10 feet. A corner lot shall have two
front lot lines and two side lot lines. Otherwise, the rear lot line
for a corner lot shall coincide with the lot line abutting any alley.
See Figure 2.7, Typical Lots.
See Chapter 260 relating to subdivision and land development. (An interior lot having frontage on two streets.) See Figure 2.7, Typical Lots.
A lot with two distinct parts: the flag, which is the only
building site for a primary structure and is located behind another
lot; and the pole, which connects the flag to the street which provides
the only street frontage for the lot and at any point is less than
the minimum lot width requirements. A flag lot shall have the building
setbacks and yards measured from the property lines of the flag portion
of the lot only.
[Added 10-30-2017 by Ord.
No. 2017-3]
A lot whose side lot lines do not abut upon any street (excluding
alleys); a lot other than a corner lot. Lots abutting and bounded
by one street, two alleys, and one other lot shall be considered interior
lots. See Figure 2.7, Typical Lots.
See Chapter 260 relating to subdivision and land development. (An interior lot having frontage on two streets.) See Figure 2.7, Typical Lots.
A lot having frontage on three streets (excluding alleys).
A triple frontage lot shall have two front lot lines and two side
lot lines, except that one of the side lot lines coincides with the
lot line abutting the street, and which shall have a buffer yard and
planting screen easement. See Figure 2.7, Typical Lots.
Figure 2.7
Typical Lots
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A way or means of approach to provide vehicular access to
a property.
The area contained within the property lines of the individual
parcel of land, excluding space within the street right-of-way. The
lot area includes the area of any utility easement or stormwater management
facility.
That portion or percentage of the lot area covered by impervious
surface.
That portion of a lot abutting on the street right-of-way
(excluding alleys) and regarded as the front of the lot.
See Chapter 260 relating to subdivision and land development. (A line that separates a lot from another lot or from a street or any other public or private space.)
The lot line separating a lot from the ultimate street right-of-way
(excluding alleys). In the case of a corner lot abutting a street
right-of-way on more than one side, there shall be two front lot lines
and two side lot lines. Otherwise, the rear lot line for a corner
lot shall coincide with the lot line abutting any alley.
The lot line opposite and most distant from the front lot
line. In the case of triangular or otherwise irregularly shaped lots,
a line 10 feet in length entirely within the lot, parallel to and
at a maximum distance from the front lot line. A corner lot shall
have two front lot lines and two side lot lines. Otherwise, the rear
lot line for a corner lot shall coincide with the lot line abutting
any alley.
Any lot line other than a front or rear lot line. A corner
lot shall have two front lot lines and two side lot lines. Otherwise,
the rear lot line for a corner lot shall coincide with the lot line
abutting any alley.
See Chapter 260 relating to subdivision and land development. (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 York County, Pennsylvania.)
The horizontal distance between the side lines of a lot measured
at the front lot line (street right-of-way).
Grassy lawns, yards, and/or hedges that require regular mowing,
trimming, and care to maintain a neat and orderly appearance, as opposed
to a more natural rural appearance.
A function involving either the processing, conversion or
production of materials, goods, or products.
See Chapter 113 relating to code enforcement, Uniform Construction Code. (A permanent roofed structure attached to and supported by the building and that projects into the public right-of-way.)
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external soft parts of the body with the hands or with the aid of
any mechanical or electrical apparatus or appliance, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments, or other similar preparations.
See MPC. (Any aggregate or mass of mineral matter, whether
or not coherent. The term includes, but is not limited to, limestone
and dolomite, sand and gravel, rock and stone, earth, fill, slag,
iron ore, zinc ore, vermiculite and clay, anthracite and bituminous
coal, coal refuse, peat and crude oil and natural gas.)
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
The routine movement of and replacement of topsoil during construction
shall not by itself be considered to be mineral extraction.
See Chapter 113 relating to code enforcement, Uniform Construction Code ("self-service storage facility"). (Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.)
Occupancy of a structure or land by more than one use, generally
permitted nonresidential and permitted residential uses (as permitted
in the applicable zoning district).
The development of a tract of land, or building with a variety
of complementary and integrated uses.
See Chapter 260 relating to subdivision and land development ("mobile home"). (A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.) Except "mobile home" shall be considered "mobile/manufactured home." See also Chapter 113 relating to code enforcement, Uniform Construction Code ("manufactured housing"). [Housing which bears a label as required by and referenced in the Manufactured Housing Act (35 P.S. §§ 1656.1-1656.9), certifying that it conforms to federal construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 through 5426).] Except "manufactured housing" shall be considered "mobile/manufactured home."
See Chapter 260 relating to subdivision and land development ("mobile home park"). (A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.) Except "mobile home" shall be considered "mobile/manufactured home."
That part of an individual mobile/manufactured home space
that has been reserved for the placement of a mobile/manufactured
home and appurtenant structures and connections.
An establishment providing temporary, overnight lodging accommodations
for transient guests for compensation, in sleeping rooms/units that
each has separate access directly to the outside and which may provide
such additional supporting services as restaurants, recreation facilities,
and living quarters for a resident manager or proprietor.
An establishment where new and used automobiles, trailers,
boats, heavy equipment, recreational vehicles, trucks, other similar
private passenger, recreation and commercial motor vehicles, and mobile
homes, are stored, readied, and displayed on a recurring scheduled
basis primarily for wholesale, but may also include retail sales.
An establishment containing facilities for washing motor
vehicles and which may include automatic and/or semiautomatic application
of cleaner, brushes, rinse water, and/or heat for drying.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted,[5] also referred to as the "Municipalities Planning Code,"
"PA MPC," and/or "MPC" in this chapter.
Any establishment, use, facility, and/or structure that is
owned and/or operated by the Township of Fairview, its municipal authorities,
and/or authorized agents.
An establishment where objects of artistic, historical, or
scientific importance are kept, studied, and displayed.
An area restricted to and maintained in a natural state for
the protection and/or preservation of animal and plant wildlife and
other important natural resources native to Pennsylvania.
Any new activity or use of land, structure, or building on
a lot or parcel that was not occurring as of the effective date of
this chapter.
An establishment that may offer the on-site consumption of alcoholic or nonalcoholic beverages and where music, dancing, and/or live entertainment as part of its the operations. For the purposes of this definition, "live entertainment" is also meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs offering the sale of alcohol shall be considered a bar/tavern and shall comply with all provisions and standards for bars/taverns as defined and regulated in this chapter. "Nightclub" includes an "Under 21" club which features entertainment. Nightclubs shall not be construed to be a sexually oriented business and/or related use as defined in this Article II of this chapter.
See MPC, "no-impact home-based business."
An accessory use which is dearly secondary to the use as
a residential dwelling in which livestock are kept exclusively by
the residents of the site, and which is not contained upon a farm
nor part of an agricultural operation.
See MPC. (A lot the area or dimension of which was lawful
prior to the adoption or amendment of a zoning ordinance, but which
fails to conform to the requirements of the zoning district in which
it is located by reasons of such adoption or amendment.)
See MPC. (a structure or part of a structure manifestly not
designed to comply with the applicable use or extent of use provisions
in a zoning ordinance or amendment heretofore or hereafter enacted,
where such structure lawfully existed prior to the enactment of such
ordinance or amendment or prior to the application of such ordinance
or amendment to its location by reason of annexation. Such nonconforming
structures include, but are not limited to, nonconforming signs.)
See MPC. (A use, whether of land or of structure, which does
not comply with the applicable use provisions in a zoning ordinance
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment,
or prior to the application of such ordinance or amendment to its
location by reason of annexation.)
An outdoor furnace that has not been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pounds per million British Thermal Units (Btu) output or lower and
is labeled accordingly.
A commercial use at which persons can visit to wager upon
and observe by remote television the outcomes of events that are taking
place elsewhere.
An establishment in which one or more persons are employed
in the management, direction or conducting of business/commerce and
whose staffs/employees serve clients who seek advice and consultation
regarding business/commerce. A business office may include the administrative,
corporate or professional offices for profit, nonprofit or charitable
organizations, but also includes contractors, real estate, stock and
bond brokers, accountants, adjusters, appraisers, utility companies,
lawyers, clergy, teachers, architects, engineers, landscape architects,
planners, interior designers, insurance agents, and similar office-oriented
uses.
An establishment where patients are admitted on an outpatient
basis for examination and treatment by not more than two full-time-equivalent
licensed medical professionals including physicians, dentists, opticians,
psychologists, other similar medical personnel and vocations. Such
an establishment shall not have overnight accommodations or a pharmacy,
and shall include such uses as reception areas, offices, consultation
rooms, and X-ray, provided that such uses have access only from the
interior of the building or structure.
A temporary storage (surface or structure) for a motor vehicle
that is directly accessible to an access aisle and that is not located
on a dedicated right-of-way, and is located upon the same lot as a
principal use or, in the case of joint parking, within close proximity.
A temporary storage (surface) for a motor vehicle within
a dedicated right-of-way (excluding alleys).
Not transparent or translucent; impenetrable to light; not
allowing light to pass through, measured by the observation of any
two square-yard area lying between one foot above the established
grade of the area to be concealed and the top or the highest point
of the required screen, if otherwise not specified, shall be six feet.
See Figure 2.8, Typical Opacity Example.
Figure 2.8
Typical Opacity Example
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Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed, or reserved for public or private
use or enjoyment or for the use and enjoyment of owners, occupants,
and their guests.
A portion of an establishment which includes an exterior
seating area associated with a food services, restaurant, tavern/bar,
or other similar establishment.
An establishment where firearms and other projectile-type
weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery
crossbows, etc.) can be shot for recreation, competition, skill development,
training, or any combination thereof. Nothing within this definition
shall be construed to include hunting when conducted in accordance
with the rules and regulations of the Commonwealth of Pennsylvania.
The keeping, in an unenclosed area, of any goods, material,
merchandise, or vehicles in the same place for more than 24 hours
where said items are retained for direct use by their owner, who shall
have direct access thereto without intermediate handling by the proprietor
of the facility.
A fuel-burning device:
Designed to burn clean wood, coal, natural gas, kerosene, propane,
or domestic heating oil, provided that such fuels comply with all
applicable sulfur limits and are used as starters or supplemental
fuel for dual-fired outdoor furnaces, and other types of fuel approved
in writing by DEP upon receipt of a written request;
That the manufacturer specifies for outdoor installation or
for installation in structures not normally intended for habitation
by humans or domestic animals, including structures such as garages
and sheds; and
Which heats building space and/or water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
For the purposes of this chapter, the term shall also include
outdoor wood-fired boilers, outdoor wood-fired furnaces, outdoor wood-burning
appliances, or outdoor hydronic heaters, water stoves, etc.
The display and sales of products and goods primarily outside
of an enclosed building or a structure.
A zoning district that encompasses one or more underlying
or base zoning districts and that imposes additional or supplemental
requirements and standards other than those which are required by
the underlying or base zoning district(s).
A use of land, which may include accessory buildings and
structures, for active and/or passive outdoor recreation for the purpose
of pleasure, leisure, fellowship, or exercise, commonly involving
a sporting activity, hiking, jogging, bicycling, swimming, picnicking,
and other related activities which is open to the public. A park may
include amenities such as ball fields, tennis courts, trails, playground
equipment, rest rooms, picnic tables, cooking grills, and similar
facilities. For purposes of this chapter, parks shall not include
improvements for or permit uses that are considered to be commercial
recreational uses.
Joint use of a parking compound by more than one use and/or
owner.
Any area of a lot used for off-street parking facilities,
providing for the transient storage of automobiles, and other motorized
and nonmotorized vehicles.
Except as otherwise permitted in Article VIII of this chapter, either a covered garage space or uncovered, improved and stabilized space located outside of the public street right-of-way for the transient storage of automobiles, and other similar motor vehicles.
A building or structure where passenger vehicles may be stored
for temporary off-street parking, including decks and buildings.
See "terrace."
A common shared wall between two separate structures, buildings,
or dwelling units.
A specified easement, walkway, path, sidewalk, or other reservation
which is designed for and used exclusively by pedestrians.
A use that is allowed and in which case zoning matters may
be approved by the Zoning Officer, provided the application complies
with all requirements of this chapter.
See Chapter 260 relating to subdivision and land development. (Any individual, firm, trust, partnership, public or private association or corporation, or other entity.)
An establishment defined and licensed by the Pennsylvania
Department of Public Welfare in accordance with Title 55 of the Pennsylvania
Code, Chapter 2620. A personal care facility is a premises in which
food, shelter and personal assistance or supervision are provided
for a period exceeding 24 hours for four or more adults who are not
relatives of the operator, and who do not require the services in
or of a licensed long-term-care facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self-administration. A "halfway house"
shall not be considered a personal care facility.
See "assisted living."
An establishment where service-oriented activities for personal needs are provided to the general public, but which do not primarily involve retail sales of goods nor professional advisory services. Such activities shall include and be similar to barbershops and beauty shops/salons; health spas; photographic studios; small home appliance repair including radios and televisions; repair shops for tools, bicycles, guns, locks, shoes and watches; tailor, dressmaking, and upholstering shops; tutoring, individualized tutoring and teaching, and pet/small animal grooming/washing with no overnight boarding. Personal service establishments shall not be construed to be a sexually oriented business and/or related use as defined in this Article II of this chapter.
See Chapter 260 relating to subdivision and land development. (A surface that generally permits the infiltration of water into the ground.)
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops, but shall not include livestock or other farm animals, horses, or any animal or bird for which a permit is required under the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq., or the regulations of the Pennsylvania Game Commission. See Chapter 84 relating to animals.
An outdoor furnace that has been certified or qualified by
the EPA as meeting a particulate matter emission limit of 0.32 pounds
per million Btu output and is labeled accordingly. Phase 2 outdoor
furnace models will be identified with a white hang tag.
An establishment wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body
organized to sustain public worship, together with all buildings,
structures, and uses customarily associated with such primary purpose
including but not limited to rectories, convents, schools, day-care
facilities, meeting and food service facilities, cemeteries, columbariums,
mausoleums, etc. Includes synagogue, temple, mosque, or other such
place for worship and religious activities.
An establishment primarily engaged in retailing nursery and
garden products, such as trees, shrubs, plants, seeds, bulbs, mulch,
and sod, that are predominantly grown off the premises, but such an
establishment may sell a limited amount of a product grown on the
premise.
See Chapter 260 relating to subdivision and land development. (The map or plan of a subdivision or land development plan, whether preliminary or final.)
A roofed (covered) open area, other than a stoop, providing
shelter and shade, attached to or part of and with direct access to
or from a building, which creates space for a sociable transition
from the public sidewalk/street or adjacent property, to the building
to which it is attached.
A covered porch or walkway, supported by columns, usually
extending out from a building; a classical architectural form of a
covered colonnade or ambulatory at the entrance of a building.
An establishment operated by the U.S. Postal Service, where
mail is received, sorted, and delivered, and where stamps and other
postal materials are sold.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand, but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
Not publicly owned, operated, or controlled.
A function that involves only the cleaning, sorting, sizing
packaging or any combination thereof, of products.
See Chapter 260 relating to subdivision and land development. (Includes:
See Chapter 260 relating to subdivision and land development. (A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.)
Owned, operated or controlled by a government agency (federal,
state, county, and local), including its authorized agent or corporation
created by law for the performance of certain specialized governmental
functions or any public school district.
See Chapter 260 relating to subdivision and land development. (A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.)
See Chapter 260 relating to subdivision and land development. (Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.)
See Chapter 260 relating to subdivision and land development. (A street, including the entire public right-of-way, that has been dedicated to and accepted by the Township or state or that has been devoted to public use by legal mapping, use or other means.)
An establishment involving the erection, construction, alteration,
operation or maintenance of buildings; power plants; towers; substations;
water treatment plants; sewage treatment and/or disposal plants; public
transportation; maintenance facilities; and other similar public service
structures and uses by a utility, whether publicly or privately owned,
or by government agency other than the Township of Fairview, its authorities,
or its authorized agents.
Any activity, whether structured or not, in which individuals
voluntarily engage during their leisure, including but not limited
to:
Sports (individual, dual, team, coed recreational, and combative),
athletics; both land- and water-based.
Arts and crafts, spectating, picnicking, nature study, and board
games.
Dance, drama, music, games, social recreation, special events,
hiking/walking, cycling, hobbies, outdoor educational activities,
and cultural activities.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites, or fields,
The area of land suitable for the development of specific
active recreation facilities for leisure-time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields, including
but not limited to baseball fields, soccer fields, football fields,
tennis, basketball and other court games, hockey facilities, multipurpose
fields and community swimming pools.
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, card games, checkers,
and similar table games.
Any area developed in such a manner as to be conducive to
those activities that fall within the range of active recreation.
Examples: athletic fields and hard-surfaced courts, pools, large dams,
bicycle and walking trails, open turf areas, and apparatus areas.
Any area developed in such a manner as to be conducive of
those activities that fall within the range of passive recreation.
Examples: scenic vistas, natural areas, craft areas, meeting areas,
sitting areas, walkways, sunbathing, gardens, streams and impoundments,
social events, picnicking, and spectating areas.
A motor vehicle that is self-propelled or towed and that
is designed to be transported along public streets to serve as a mobile
temporary residence. For the purposes of this chapter, the term shall
also include towable utility and cargo trailers.
CLASS I RECREATIONAL VEHICLESRecreational vehicles, campers, travel trailers, RVs boats and trailers used solely for the transport of residents' recreational vehicle(s) that possess less than or equal to 200 square feet, as measured to the vehicle's outermost edges, and does not exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
CLASS II RECREATIONAL VEHICLESRecreational vehicles, campers, travel trailers, boats and trailers used solely for the transport of residents' recreational vehicle(s) that possess more than 200 square feet, as measured to the vehicle's outermost edges, or exceeds a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
Public and/or private investment made to re-create the fabric
of an area or neighborhood by renovating previously developed land.
Replacing, remodeling, or reusing existing buildings and structures
to accommodate new development within the context of existing streets.
Remodeling or reusing an existing building or structure for
new development.
An establishment which carries on investigations, testing,
and experimentation in the natural, physical, technical, or social
sciences, or engineering and development as an extension of such investigation
with the objective of creating end products.
An establishment that provides food and drink to patrons
and that routinely involves the consumption of at least a portion
of such food and drink on the premises. A restaurant may include the
accessory sale of alcoholic beverages, and carry-out and delivery
services.
An establishment which sells goods or merchandise to the general public for personal and household consumption and provides accessory repair services for goods or merchandise that is similar to that which is sold on the premises and render services incidental to the sale of such goods. Retail businesses shall not be construed to be a sexually oriented business as defined in this Article II of this chapter.
Any freestanding and uninhabitable structure principally
constructed of masonry, concrete, stone, cinder block or similar materials,
or in combination, erected between lands of different elevations to
protect structures and/or prevent erosion.
An establishment where horses are boarded and cared for,
or where instruction in riding, jumping, and showing is offered, or
where horses may be hired for riding.
See Chapter 260 relating to subdivision and land development. (The total width of any land reserved or dedicated as a street, alley, crosswalk or for other public purposes.)
An area of land adjacent to a perennial or intermittent stream
that is intended to maintain the integrity of stream channels and
to reduce stream impacts from upland sources.
A facility or use which by its nature is required to be on
or adjacent to a river.
See "street."
An accessory structure which primarily involves the retail
sale of agricultural and/or garden products such as fresh fruits,
vegetables, herbs, flowers or plants produced on site or on property
contiguous to the property on which they are offered for sale, during
the harvesting season.
Any rock exposed at or above the ground surface which is
attached to the underlying bedrock formation.
The amount of vertical rise a roof has compared to the horizontal
run measurement of the roof.
A business activity administered or that is clearly conducted
as a customary, incidental, and accessory use to a single-family detached
dwelling, within an accessory structure.
A concave, parabolic or dish-shaped antenna, or any other
apparatus or device that is designed for the purpose of receiving
electromagnetic, digital, or other type of signal including video
programming signals from direct broadcast satellites (DBS), multichannel
multipoint distribution (wireless cable) providers (MMDS), and television
broadcast stations (TVBS).
An establishment where timber is cut, sawed, or planed, either
into finished lumber, or as an intermediary step, and that may include
facilities for the kiln drying of lumber or the distribution of such
products on a wholesale or retail basis.
An establishment offering education or instruction in any
branch of knowledge.
Any school conducted for profit for such instruction as business,
art, drama, music, handicraft, dancing, and other similar type low
impact uses conducted within a completely enclosed building.
Any public, sectarian, or private nonprofit establishment
approved by the Commonwealth of Pennsylvania offering formal academic
instruction and services for state-required or largely state-funded
programs at the kindergarten, elementary, and secondary levels. This
term shall not include those uses considered commercial schools.
Same as a public or private school, except that the primary
activity is training in a trade or vocation, which may be conducted
wholly or partially outside of an enclosed structure. This term shall
not include those uses considered commercial schools.
To inhibit view of or from.
A barrier between adjacent properties, uses, and/or zoning
districts composed of a mixture of landscaping, trees, berms, shrubs,
fences, walls and/or other similar type materials, that is intended
to mitigate negative impacts, such as airborne particles, glare, and
noise, of the more intense/dense use and/or zoning district on the
less intense/dense use and/or zoning district.
A vegetative material of sufficient height and density to
conceal from view uses and/or structures on the premises on which
the screen planting is located, from occupants on abutting or adjacent
properties.
The required horizontal distance between a required setback
line and an abutting lot line or street right-of-way line, as applicable.
SETBACK, FRONTThe distance between the street right-of-way line and the required front setback line. Corner lots shall have two front setbacks. See Figure 2.9, Typical Setbacks and Yards, Interior Lot, Figure 2.10, Typical Setbacks and Yards, Corner Lot, and Figure 2.11, Setbacks and Yards, Triple Frontage Lot.
SETBACK, REARThe distance between the rear lot line and the required rear setback line. Corner lots shall have no rear setbacks. See Figure 2.9, Typical Setbacks and Yards, Interior Lot, Figure 2.10, Typical Setbacks and Yards, Corner Lot, and Figure 2.11, Setbacks and Yards, Triple Frontage Lot.
SETBACK, SIDEThe distance between the side lot line and the required side setback line. Corner lots shall have two side setbacks. See Figure 2.9, Typical Setbacks and Yards, Interior Lot, Figure 2.10, Typical Setbacks and Yards, Corner Lot, and Figure 2.11, Setbacks and Yards, Triple Frontage Lot.
Figure 2.9
Typical Setbacks and Yards, Interior Lot
|
Figure 2.10
Typical Setbacks and Yards, Corner Lot
|
Figure 2.11
Setbacks and Yards, Triple Frontage Lot
|
The line within a property that shall define the required
distance between a use, structure, and/or building and the abutting
right-of-way line, or front, rear, and side lot lines and that establishes
the area in which said use, structure, or building shall be established,
erected, and/or placed. In the case of lot where a front and/or rear
lot line does not coincide with a recorded right-of-way (e.g., land-locked
lots, lots with substandard access easements, etc.), the setback line(s)
shall be measured from the applicable property line(s) closest to
the associated recorded right-of-way or ultimate right-of-way.
Unless specifically defined elsewhere in this Article II of this chapter or in the Code of the Township of Fairview, the following words and phrases, when used in this chapter, relating to the "sexually oriented businesses and/or related uses" shall have the meaning given to them in this subsection unless the context clearly indicates otherwise:
ADULT CABARETAn establishment regularly featuring dancing and other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on exhibiting specific sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MEDIAMagazines, books, videotapes, movies, slides, CD-ROMs, DVDs, or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hardcore material.
ADULT MEDIA STOREAn establishment that rents and/or sells media, and that meets any of the following three criteria:
Forty percent or more of the net retail floor area is devoted
to adult media.
Forty percent or more of the stock-in-trade consists of adult
media.
It advertises or holds itself out in any forum as "XXX," "adult,"
"sex" or otherwise as a sexually oriented business other than an adult
media store, adult motion picture theater, or adult cabaret.
ADULT MOTION PICTURE THEATERAn establishment emphasizing or predominantly showing sexually oriented movies.
DISPLAY PUBLICLYThe act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal, unaided vision viewing it from a street, highway, alley, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult media are on display to the public.
EXPLICIT SEXUAL MATERIALAny hardcore material.
HARDCORE MATERIALMedia characterized by sexual activity that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.
LINGERIE MODELING STUDIOAn establishment that provides the services of live models modeling lingerie to individuals, couples, or small groups in a room smaller than 600 square feet.
MEDIAAnything printed or written or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but is not limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, DVDs, other magnetic media and undeveloped pictures.
MEDIA SHOPA general term, identifying a category of business that may include sexually oriented material but that is not subject to the special provisions applicable to adult media stores. In that context, "media shop" means a retail outlet offering media for sale or rent, for consumption off-premises, provided that any outlet meeting the definition of "adult media store" shall be treated as an adult media store.
OTHER SEXUALLY ORIENTED ESTABLISHMENTAn establishment that offers its patrons, services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities.
PRIMARY LIVE ENTERTAINMENTOn-site entertainment by live entertainers that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.
SADOMASOCHISTIC PRACTICESFlagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one clothed or naked.
SEX SHOPAn establishment offering goods for sale or rent and that meets any of the following criteria:
SEXUALLY ORIENTED BUSINESSAn inclusive term used to describe collectively: adult cabaret; adult media store; adult motion-picture theater; sex shop; and/or other sexually oriented establishment.
SEXUALLY ORIENTED TOYS AND NOVELTIESInstruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
SPECIFIED ANATOMICAL AREASIncludes but are not limited to:
SPECIFIED SEXUAL ACTIVITIESIncludes but are not limited to:
VIDEO VIEWING BOOTH OR ARCADE BOOTHAny booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media (including but not limited to film, video or magnetic tape, laser disc, CD-ROM, DVD, books, magazines, or periodicals) for observation by patrons therein. A video viewing booth shall not mean theater indoor commercial recreation, or a room or enclosure or portion thereof that contains more than 600 square feet.
An enclosed structure not intended for residential occupancy
which is accessory to the principal use of the property and is typically
used to store personal and household property.
A retail establishment, or any combination of retail and
other similar and related establishments, in a single building or
in separate buildings that are planned, constructed and managed as
a total entity with total combined gross building square footage of
10,000 square feet to less than 25,000 square feet of gross square
floor area. All shopping centers shall be located in a complex that
is planned, designed, developed, owned or managed as a single unit
with internal vehicle circulation (public or private) off-street parking
and loading provided on the property. Provisions for goods delivery
separated from customer access, pedestrian access, aesthetic considerations
and protection from the elements and landscaping and signage in accordance
with an approved land development plan complying with Township ordinances.
A retail establishment, or any combination of retail and
other similar and related establishments, in a single building or
in separate buildings, or a theater or an indoor recreational facility,
occupying 25,000 or more square feet of gross square floor area. All
large shopping centers shall be located in a complex that is planned,
designed, developed, owned or managed as a single unit with internal
vehicle circulation (public or private) off-street parking and loading
provided on the property. Provisions for goods delivery separated
from customer access, pedestrian access, aesthetic considerations
and protection from the elements and landscaping and signage in accordance
with an approved land development plan complying with Township ordinances.
A paved, surfaced, or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
That portion of the right-of-way that lies between the edge
of the right-of-way line and curbline, regardless of whether the sidewalk
exists.
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
Unless specifically defined elsewhere in this Article II of this chapter, the following words and phrases when used in Article IX of this chapter relating to exterior signs and outdoor display structures shall have the meaning given to them in this subsection unless the context clearly indicates otherwise:
AREA or SURFACE AREA, SIGNAn area measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign, excluding the supporting structures which do not form part of the sign proper or the display. All visible faces of a multi-faced sign shall be counted separately and then totaled in calculating sign area. The area of three-dimensional signs shall be determined by adding the areas of the sides of the smallest polyhedron that will encompass the sign, regardless of whether it contains copy or not.
BILLBOARD, POSTER PANEL or OUTDOOR ADVERTISING STRUCTUREA board, panel or tablet used for the display of printed or painted advertising matter containing advertising copy for a product, service, cause, event, or facility not on the premises.
DIGITAL OR ELECTRONIC BILLBOARD SIGNA billboard or off-premises sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade. Digital or electronic billboard signs shall include computer-programmable, microprocessor-controlled electronic or digital displays. Digital or electronic billboard signs include projected images or messages with these characteristics onto buildings or other objects.
GROUND SIGN or FREESTANDING SIGNA sign supported by uprights, poles, or braces in or upon the ground surface and not attached to or part of a building. Any sign which is so constructed or mounted as to facilitate moving from place to place shall also be considered a "ground sign" or "freestanding" sign.
IDENTIFICATION SIGNAny sign which carries only the name of the person, the occupation or principal product offered for sale on the premises, or a combination of these descriptions or the name of the building upon which the sign is placed.
ILLUMINATED SIGNA sign that provides artificial light directly, or through any transparent or translucent material, from a source connected with such sign or a sign illuminated by a light focused on or chiefly directed at the surface of the sign.
LOCATION, SIGNA lot, premises, building, structure, wall or any place whatsoever upon which a sign is located.
MARQUEE SIGNA sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building and extending beyond the building wall, building line or street right-of-way line.
MOVABLE SIGNA sign which is so constructed or mounted as to facilitate moving from place to place.
OPEN SIGNA sign in which at least 50% of the enclosed area is uncovered or open to the transmission of wind.
OUTDOOR ADVERTISING STRUCTURESee "billboard."
POSTER PANELSee "billboard."
PROJECTING SIGNA sign which is attached directly to the building wall and which extends more than 15 inches from the face of the wall.
PROPERTYA parcel or lot and all improvements thereon, held in separate ownership by any person.
ROOF SIGNA sign which is erected, constructed and maintained above or on the roof of the building.
SIGNAny structure, substance, material, device, light, or natural object, including the ground itself or any part thereof, or any device attached thereto, placed thereon, or painted or represented thereon which shall be used to identify, advertise or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business or which shall display any letter, word, model, number, banner, flag, pennant, insignia, device or representation used as an announcement, direction or advertisement and which is intended to be seen from a parking lot.
TEMPORARY SIGNA sign which advertises a product, service, special event, or sale which is located on a site, for a specific time period.
WALL SIGNA sign which is painted on or attached directly to the building wall and which extends not more than 15 inches from the face of the wall and does not extend above the roof line. It shall include any sign painted on or attached directly to the outside of a window.
A parcel or tract of land located in a municipality, established
by a plat or otherwise as permitted by law, which is the subject of
an application for development. A site may include more than one lot.
A mapped identification of a site's natural and man-made
resources.
An accurately scaled development plan that illustrates the
existing conditions on a land parcel and depicts details of a proposed
development.
Professionally supervised nursing care and related medical
and other health services provided for a period exceeding 24 hours
to an individual not in need of hospitalization, but whose needs are
above the level of room and board and can only be met in a long-term-care
nursing facility or an inpatient basis because of age, illness, disease,
injury, convalescence or physical or mental infirmity.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed by a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
|
MODERATELY STEEP — An area of land with natural, cut or
filled slopes between 15% and 24.99%.
[Added 1-25-2016 by Ord.
No. 2016-1] | |
|
STEEP — An area of land with natural, cut or filled slopes
that are greater than or equal to 25%.
[Added 1-25-2016 by Ord.
No. 2016-1] |
A solar energy system that supplies energy primarily for
off-site/off-premises use.
An alternative energy system which includes any solar collector
consisting of one or more cell(s), panel(s), or array(s) designed
to collect and convert solar power into another form of energy such
as electricity or heat, and other structures and buildings, used in
the conversion, storage, and distribution including electrical infrastructure,
transmission lines, and other appurtenant structures and facilities.
An establishment where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include an automobile wrecking, junk, and
scrap storage and sales establishment; leaf composting; clean fill
or septage or sludge application.
A device (located at the top of a chimney) to prevent sparks,
embers or other ignited material above a given size from begin expelled
to the atmosphere.
A paved surface designed to accommodate a motor vehicle waiting
for entry to any drive-in facility or other similar auto-oriented
use, which is located in such a way that a parking space or access
to a parking space is not obstructed.
A roofed (covered) or unroofed (uncovered) open area, other
than a porch, that is less than or equal to 30 square feet, constructed
of concrete or masonry, providing direct access to and from a building.
See Chapter 113 relating to code enforcement, Uniform Construction Code. [That portion of a building included between the surface of a floor and the upper surface of the floor or roof next above (also see "basement," "mezzanine" and Section 502.1). It is measured as the vertical distance from top to top of two successive tier of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or where there is not a ceiling, to the top of the roof rafters.)
A watercourse, other than a lake or pond, having a source,
terminus, banks, and channel through which waters flow at least periodically.
A stream carrying water during the wet seasons.
A stream that is present during all seasons of the year.
See MPC. (Includes street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, viaduct and any other ways used or
intended to be used by vehicular traffic or pedestrians, whether public
or private.) Streets shall conform to one of the following categories:
ALLEYA secondary or service road that is generally parallel to a primary local, collector, or arterial street, and which generally abuts and provides access to the rear of lots. Alleys are generally on the same level as a local street, and are used in cases of narrow lot frontages. Alleys shall be designed to discourage through traffic. Alleys may be designed as one-lane streets. For purposes of this chapter, the following streets listed in Table 2-1, Alleys, shall be considered alleys:
|
Table 2-1
Alleys
| ||
|---|---|---|
|
Name
|
Between Cross Streets
| |
|
Bruce Alley
|
Miramar Street and Davis Alley
| |
|
Charles Alley
|
Market Street and Ross Avenue
| |
|
Davis Alley
|
Ross Avenue and Water Street
| |
|
Division Alley
|
Charles Alley and Water Street
| |
|
Hess Alley
|
Miramar Street and Radesky Street
| |
|
Hogan(s) Alley
|
Ross Avenue and Water Street
| |
|
Strauss Alley
|
Ross Avenue and Water Street
| |
ARTERIAL or MAJORSee Chapter 260 relating to subdivision and land development. (A street serving large volumes of comparatively high-speed and long distance or through traffic, including those facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.) For a listing of streets identified as arterial or major streets, see the most recent version of the Fairview Township Comprehensive Plan.
COLLECTORSee Chapter 260 relating to subdivision and land development. [A street, which in addition to providing access to abutting properties (50 or more), intercepts minor streets and provides access to community facilities and/or other collector or arterial streets.] For a listing of streets identified as collector streets, see the most recent version of the Fairview Township Comprehensive Plan.
LOCAL or MINORSee Chapter 260 relating to subdivision and land development. (A street used primarily to provide access to abutting properties.) For a listing of streets identified as local streets, see the most recent version of the Fairview Township Comprehensive Plan. Additionally, local streets shall be all streets and roads not listed as arterials, collectors, or alleys.
A line defining the edge of a street right-of-way and separating
the street from an abutting property or lot. The street line shall
be the same as the legal right-of-way line, or the ultimate right-of-way
line.
See MPC. (Any man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land.)
A structure customarily incidental and subordinate to and
detached from the principal structure on the same lot, the use of
which is customarily incidental to that of the principal structure
on the lot. An accessory structure shall exclude any vehicle as defined
by the Pennsylvania Motor Vehicle Code.
The vertical distance above the average existing grade measured
to the highest point of the structure.
The main, primary, or predominant structure on a given lot,
tract, or parcel.
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
An individual registered for instruction at a public, private
or commercial school, within a given calendar year.
See Chapter 260 relating to subdivision and land development. (The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.)
See Chapter 113 relating to code enforcement, Uniform Construction Code. [Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.] Ornamental ponds, stormwater basins and/or lakes are not included, provided that swimming was not the primary purpose for their construction. Furthermore, this definition includes all above ground and below ground, permanent and temporary/portable types of pools, spas and jacuzzis.
A swimming pool that is not a residential swimming pool.
A licensed establishment whose principal business activity,
either in terms of operation or as advertised, is the practice of
one or more of the following:
Placing of designs, letters, figures, symbols or other marks
upon or under the skin of any person, using ink or other substances
that result in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture
the skin; or
Creating an opening in the body of a person for the purpose
of inserting jewelry or other decoration; and as licensed to operate
as such by applicable entities.
An establishment which serves primarily alcoholic beverages for mostly immediate on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board, but may also include the incidental sale of food. Taverns and bars shall not be construed to be a sexually oriented business and/or related use as defined in this Article II of this chapter.
The transmission between or among points specified by the
user, of information of the user's choosing, without change in
the form or content of the information sent and received.
A tract or parcel of land that contains a telecommunication
antenna, its support structure, accessory building(s), parking, and
may include other uses and equipment associated with and ancillary
to telecommunication signal transmission or processing.
A level, landscaped, and/or surfaced area, also referred
to as a "patio," directly adjacent to a principal building at or within
three feet of the finished grade and not covered by a permanent roof.
An establishment with a building or portion thereof devoted
to the showing of moving pictures or theatrical productions on a commercial
basis.
An establishment upon an open lot or part thereof, with its
appurtenant facilities, devoted primarily to the showing of moving
pictures or theatrical productions, on a paid admission basis, to
patrons seated in automobiles, or on outdoor seats.
Defined by the Massage Therapy Law, Act 118 of October 9,
2008, as amended, 63 P.S. § 627.1 et seq., from the Pennsylvania
State Board of Massage Therapy, the Bureau of Professional and Occupational
Affairs.
An establishment where therapeutic massage services are provided by a person having a valid license in accordance with the Massage Therapy Law, Act 118 of October 9, 2008, as amended, 63 P.S. § 627.1 et seq., from the Pennsylvania State Board of Massage Therapy, the Bureau of Professional and Occupational Affairs. Massage therapy establishments shall not be construed to be a sexually oriented business and/or related use as defined in this Article II of this chapter.
See Chapter 260 relating to subdivision and land development; "engineer." (A professional engineer licensed to practice in the Commonwealth of Pennsylvania designated as the Engineer for the Township of Fairview.)
The attorney licensed to practice in the Commonwealth of
Pennsylvania, designated by the Board of Supervisors of the Township
of Fairview to furnish professional legal assistance for the administration
of this chapter.
The area of a parcel within the lot lines, established by
a plat or otherwise as permitted by law, which is the subject of an
application for development.
The area derived from subtracting the area within street
ultimate rights-of-way lines, utility easements, and access strips
from the total gross tract area.
An establishment where a range of services and goods to professional
drivers and the general public are congregated, such as fuel/gas sales,
vehicle service, overnight accommodations and restaurants.
A use (other than a prison or a hospital) providing housing
for three or more unrelated persons who need specialized housing,
treatment and/or counseling because of:
An establishment providing for the temporary parking and
transient storage of trucks and/or related truck-trailers used in
cargo and freight transportation.
The vertical distance above the average existing grade measured
to the highest point of the wind turbine rotor plane.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Pennsylvania
Department of Labor and Industry; applicable to residential and commercial
buildings, the code adopted the International Residential Code (IRC)
and the International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
An allocation of space within a building or structure that
is independent of other such space and that constitutes a separate
use. This shall include both fee simple ownership and leaseholds.
An educational establishment, authorized by the Commonwealth
of Pennsylvania as such to award associate, baccalaureate or higher
degrees, including, principal uses for classrooms, libraries, auditoriums,
gymnasiums, stadiums, administrative offices, dormitories and dining
facilities, boarding houses, maintenance and operating facilities
as well as ancillary uses, such as research facilities, retail services
and businesses that support student, faculty and staff needs.
The specific purpose or activity for which land, structures,
or buildings are designed, arranged, intended, occupied, and/or maintained.
A use customarily incidental and subordinate to the principal
use or the principal structure and located on the same lot with such
principal use or principal structure. If no principal use or principal
structure exists on a lot with an accessory use, then such accessory
use shall only be considered a principal use.
The main, primary, or predominant use of any lot, tract,
parcel of land, or structure.
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
A line built and maintained in order to transport materials,
utilities or services by underground or above ground means, including
gas, electric, oil, cable, water, sewage, telephone, fiber optic cables,
stormwater, computer lines, and other lines.
An area covered with a vegetative material including: grass,
shrubs, vines, trees, and other landscaping.
A qualified professional trained in the care and treatment
of animals.
An establishment used primarily for the treatment, by a veterinarian,
of small household domestic animals such as dogs, cats, rabbits, and
birds or fowl. No outdoor keeping or boarding of animals is permitted.
Any freestanding and uninhabitable structure principally
constructed of masonry, concrete, stone, cinder block or similar materials,
or a combination of stated materials, erected to provide screening,
divide one property from another property or public street right-of-way;
to help assure privacy or protection, to define or mark the property
or lot line(s).
An establishment used primarily for the indoor storage and
handling of products, supplies, or equipment, but not including the
maintenance or fueling of commercial vehicles.[7]
An establishment involving, as its primary use, the storage
and/or distribution of manufactured products, supplies, and equipment,
but excluding bulk storage of materials that are inflammable or explosive
or that create a hazard or commonly recognized offensive conditions,
and also excluding any heavy equipment or truck washing, servicing
and/or repair unless such uses are specifically permitted in that
zoning district.
[Added 10-30-2017 by Ord.
No. 2017-3]
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. (The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan and a wetland area designated by a river
basin commission. This definition is used by the United States Environmental
Protection Agency and the United States Army Corps of Engineers.)
Any distribution procedure involving persons who, in the
normal course of business, do not engage in sales to the general public.
An establishment which, in the normal course of business
and as a primary use, sells materials, products, supplies and equipment
to a limited customer base, such as club members, contractors, restaurant
owners/employees, etc. Wholesaling of materials, products, supplies
and equipment shall not be open to or accessible by the general public.
[Added 10-30-2017 by Ord.
No. 2017-3]
A wind energy system direct-current generator used for charging
storage batteries.
A wind energy system that supplies energy primarily for off-site/off-premises
use.
An alternative energy system which includes a wind charger,
wind turbine, or other electric-generation facility designed to convert
wind power into another form of energy such as electricity or heat,
and which consists of one or more wind turbines and other structures
and buildings, including meteorological towers, electrical infrastructure,
transmission lines, and other appurtenant structures and facilities.
A device that runs on the energy generated by a wheel of
adjustable blades or slats rotated by the wind.
A device that converts wind energy into electricity through
the use of a wind turbine generator, and includes the nacelle, rotor,
tower and pad transformer, if any.
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
An extension of a building wall that projects out beyond
the building itself. These types of walls are typically associated
with adding aesthetics to a building.
An area of plant material covering one acre or more, and
consisting of 30% or more canopy trees having an eight-inch or greater
caliper, or more trees having a ten-inch or greater caliper. Trees
shall be measured at 4 1/2 feet from ground level.
An unoccupied and unobstructed open space of land between
the building line of permitted structure and the adjoining lot line.
The yard area extending across the full width of the lot
and contained between the building line of the principal structure
and the front lot line or street line (excluding alleys), measured
perpendicular to the building line of said structure at the closest
point to the front lot line. Corner lots shall have two front yards.
See Figure 2.9, Typical Setbacks and Yards, Interior Lot, Figure 2.10,
Typical Setbacks and Yards, Corner Lot, and Figure 2.11, Setbacks
and Yards, Triple Frontage Lot.
The yard area extending across the full width of the lot
and contained between the building line of the principal structure
and the rear lot line, which may include street lines created by alleys,
measured perpendicular to the building line of said structure at the
closest point to the rear lot line. Corner lots shall have no rear
yards. See Figure 2.9, Typical Setbacks and Yards, Interior Lot, Figure
2.10, Typical Setbacks and Yards, Corner Lot, and Figure 2.11, Setbacks
and Yards, Triple Frontage Lot.
The yard area(s) extending from the front yard to the rear
yard and contained between the building line of the principal structure
and any side lot line(s), measured perpendicular to the building line
of said structure at the closest point to the nearest side lot line.
Corner lots shall have two side yards. See Figure 2.9 Typical Setbacks
and Yards, Interior Lot, Figure 2.10 Typical Setbacks and Yards, Corner
Lot, and Figure 2.11 Setbacks and Yards, Triple Frontage Lot.
A section of the Township of Fairview designated in this chapter's text and delineated on the Official Zoning Map, "Township of Fairview, York County, PA: Official Zoning Map" listed in Article III of this chapter relating to zoning districts and map, in which regulations for the use of land, structures, buildings, and development are prescribed.
The map setting forth the boundaries of the zoning districts of the Township of Fairview which shall be part of this chapter, "Township of Fairview, York County, PA: Official Zoning Map" listed in Article III of this chapter relating to zoning districts and map.
The administrative officer appointed by the Board of Supervisors
of the Township of Fairview to administer this chapter and issue zoning
permits.
A document signed by a Zoning Officer, as required in this
chapter, as a condition precedent to the commencement of a use, or
the erection, construction, reconstruction, restoration, alteration,
conversion or installation of a structure, that acknowledges that
such use and/or structure complies with the provisions of this chapter
or authorized variance therefrom. See "building permit."
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: Said Act was repealed by 6-19-2001 by Act 22
of 2001. See now Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq.
[7]
Editor’s Note: The former definition of “warehousing,
distribution and wholesaling,” which immediately followed this
definition, was repealed 10-30-2017 by Ord. No. 2017-3. See now the
definitions of “warehousing and distribution” and “wholesaling.”
