Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ABUT
Any parcel, feature or improvement which is contiguous at
any point to another parcel, feature or improvement.
ACCESS LANE
A vehicular passageway in a parking area that provides access
to parking spaces within a parking area, connects multiple parking
areas, or connects a parking area to a driveway.
ACCESSORY BUILDING OR STRUCTURE
The building or structure subordinate to and detached from
the principal building on the same lot and used for purposes customarily
incidental to the principal use or building.
ACCESSORY or ACCESSORY USE
Those activities and land uses incidental to a primary use
that function as secondary or subordinate to a primary or principle
use. Accessory activities or uses are considered sufficiently significant
or different from the primary or principal use so as to warrant regulatory
criteria separate from the primary or principal use. Accessory uses
are permitted by right provided said use is shown as an accessory
use in the Zoning District Schedule for the district in which the
use is located and the use is in conformance with all other provisions
of this chapter.
[Amended 3-20-2019 by Ord. No. 1044]
ACTIVE ADULT NEIGHBORHOOD DEVELOPMENT
An age-restricted residential development which includes
recreational facilities and may include a nonresidential commercial
component in accordance with the terms of this chapter.
ADJACENT
Any parcel, feature or improvement which is on the opposite
side of a section of a street (public or private) on which the subject
parcel, feature or improvement has frontage.
ALLEY
A thoroughfare having right-of-way width of 20 feet or less,
regardless of how named, providing rear and/or side access to lots.
Alleys shall not be considered fronting streets.
ALTERATION
Any change to a use, building or structure which would modify
its use, location and/or size.
ANCHOR STORE
A building used for commercial or retail use and intended
to be the most important magnet store in a shopping center or other
group of commercial buildings. For purposes of this chapter, the anchor
store shall be considered any store with 75,000 square feet of gross
floor area or greater.
ANCILLARY or ANCILLARY USE
Those activities and land uses incidental to a primary use
that function as secondary or subordinate to a primary or principal
use and are identified as such in plans, maps, and zoning ordinances.
Ancillary activities or uses are not considered sufficiently significant
or different from the primary or principal use and use the regulatory
criteria of the primary or principal use.
ANIMAL
All non-human vertebrate and invertebrate species, whether
wild or domestic, commonly considered to be part of the animal kingdom.
APARTMENT UNIT
One dwelling unit in an apartment building or mixed-use building.
APPLICANT
A landowner or developer, as herein defined, who has filed
an application for development, including his heirs, successors and
assigns.
ARCADE
An area or building that contains a combination of electronic
video games, pinball machines, kiddie rides, vending machines and
other like commercial amusement attractions.
AUTOMOTIVE JUNKYARD
A place where two or more motor driven vehicles which do
not bear either a current state inspection sticker and license plate,
or a valid antique registration plate, and their related parts are
stored or disassembled.
BASE DISTRICT
The underlying zoning district over which an overlay district
is applied.
BASEMENT
A portion of a building that is partly or completely below
the average outside finished grade.
BETTING ACTIVITIES
Any betting or gambling activities, or activities incident
to or associated with betting or gambling, including pan-mutual wagering
activities, but excluding "games of chance" under the Local Option
Small Games of Chance Act, 10 P.S. § 311 et seq., bingo
games permitted under the Bingo Law, 10 P.S. § 301 et seq.,
and the purchase, sale, redemption, and advertisement of tickets and
other game pieces of the Pennsylvania Lottery.
BLINKING
A form of flashing where the pattern of sudden illumination
changes occurs with more than two on-off cycles per second.
BLOCK
An area of land bound by two or more interconnected streets.
BOARD
The Zoning Hearing Board of South Whitehall Township.
BOOKEND BUILDINGS
The location of buildings on both sides of a street along
the build-to lines, whereby the "outdoor room" character of the streetscape
is formed.
BUFFER STRIP
An area within a site, generally located adjacent and parallel
to lot lines or off-street parking areas, which consists of either
existing and preserved or proposed landscaping, and intended to be
used as a means of limiting potentially adverse effects on adjoining
lots.
BUILD-TO LINE
A line, as prescribed herein, that designates the required
placement of a building on a lot, as measured from the ultimate street
right-of-way line(s) on which the building fronts.
BUILDING
Any structure having a roof, supported by columns, piers,
or walls, including tents, lunch wagons, trailers, dining cars, camp
cars, or other structures on wheels, or having other supports and
unroofed platforms, terraces, or porches having vertical faces higher
than three feet above the level of the ground from which the building
is measured.
BUILDING AREA
The aggregate area of the floor area of all enclosed and
roofed spaces of the buildings, measured from the exterior face of
exterior walls or from the center line of a wall separating two buildings
measured on a horizontal plane at ground level.
BUILDING FOOTPRINT
The total horizontal area encompassed by a building's outer
walls as measured at ground level.
CARPORT
An unenclosed structure, open on at least two sides, with
a permanent floor and roof supported by columns or posts, and used
primarily for the storage of personal vehicles. Carports not open
on at least two sides shall be considered a garage. Tents serving
as carports shall not be permitted.
CARTWAY
That portion of the street designated for vehicular traffic.
CENTERLINE, STREET
A line midway between the two right-of-way lines and that
bisects the street right-of-way into two equal widths. In those instances
where the street right-of-way cannot be determined, the street centerline
shall correspond to the center of the cartway.
CLOSE
A street, private street or driveway and/or access lane for
counterclockwise vehicular travel, within which a green is centered,
and around which buildings are located on three sides, and on-street
parking is located either parallel to the curb or in an angled parking
arrangement.
COMMERCIAL USE
Any permitted bank, office, restaurant, retail sales, or
personal service business proposed as part of a mixed-use building,
cluster development or traditional neighborhood development.
COMPREHENSIVE PLAN
The official plan, prepared under the direction of the Township
Planning Commission, containing recommendations for the continuing
development of the Township and including as a minimum, a statement
of objectives, plans for land use, circulation, community facilities
and a statement of the relationship of proposed development of adjacent
areas.
CONDITIONAL USE
A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Commissioners in accordance with §§
350-18 and 350-41(e).
CONDOMINIUM
A set of individual dwelling units or other areas of buildings
that are owned by individual person(s) in fee simple ownership arrangement,
where owners are assigned a proportionate share of any designated
common areas, and is created under the Pennsylvania Uniform Condominium
Act of 1980, as amended.
COORDINATED DEVELOPMENT
Two or more uses permitted in the appropriate Zoning District
Schedules that are developed in accordance with a unified site plan
and architectural scheme, and are either in a single ownership or
are legally bound to conform to the aforementioned required unified
site plan and architectural scheme.
CORNER LOT
A lot fronting on two intersecting streets.
DAY SERVICES CENTER, ADULT
A community based day-care center that is licensed by the
Commonwealth of Pennsylvania to meet the physical, social and emotional
needs of adults in need of supervised care, excluding any facility
that provides overnight care of stays of any kind.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of a tree trunk, measured at four feet from
the ground surface at the point of the highest elevation in contact
with the base of the trunk of such tree.
DECK
A constructed flat surface capable of supporting weight,
similar to a floor, that is unroofed and open on all sides, except
for any side which may adjoin a structure or may be lined by a fence,
shrubs or hedges. For purposes of administrating this chapter, a balcony
is not an open deck.
DENSITY
A measure of the number of dwelling units per acre of gross
tract area of the residential area of a development.
DENSITY CREDITS
A design feature or requirement specified within this chapter
that, when constructed, permits an applicant to build at a higher
base density than would otherwise be permitted.
DENSITY, BASE
The maximum density permitted in a zoning district before
the application of any density credits.
DESIGN STANDARDS
Written and graphic regulations for intended design elements
found in Appendix C and applicable to proposed developments in the TND Overlay
Districts, in accordance with Section 708-A of the Pennsylvania Municipalities
Planning Code.
DEVELOPER
Any landowner, agent of such landowner or tenant having permission
from the landowner, who makes or causes to be made a land development.
DISH ANTENNA HEIGHT
The distance measured vertically from the bottom of the base
which supports the dish antenna to its highest point when positioned
for operation.
DISSOLVE
A transition between static message displays that is achieved
with varying light intensity and where the first message gradually
appears to dissipate and lose legibility simultaneous to the gradual
appearance and legibility of the subsequent message.
DRIVE-THROUGH
An ancillary use that permits customers to receive products
or services while remaining in their vehicle.
DRIVEWAY
A vehicular passageway from a public street, alley, or private
street that leads to a parking area or parking space.
DUAL-FRONTAGE LOTS
Lots which front on one public street and back on another
with vehicular access solely from one street. If a dual-frontage lot
abuts more than two streets, nonparallel street frontages are not
to be considered as part of the front or back for purposes of regulations
applicable only to dual-frontage lots; for all other regulations,
the yard exposure to the additional, nonparallel streets shall be
regulated as a front yard hereunder.
DWELLING
A building occupied for residential purposes, but not including
a boarding house, community shelter, hotel, motel, hospital, or nursing
home.
DWELLING UNIT
A single residential unit providing complete independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation, categorized
into the following types:
[Amended 3-20-2019 by Ord. No. 1044]
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ATTACHED DWELLING UNITS:
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MULTIUNIT DWELLING UNITS:
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DWELLING, APARTMENT AS PART OF A MIXED-USE BUILDING: As defined in § 350-48(d).
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DWELLING, APARTMENT BUILDING: As defined in § 350-48(d).
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DWELLING, TOWNHOUSE: As defined in § 350-48(d).
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DWELLING, THREE-FLAT: As defined in § 350-48(d).
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TWO-UNIT DWELLING:
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DWELLING, TWO-FLAT: As defined in § 350-48(d).
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DETACHED DWELLING UNITS:
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DWELLING, SINGLE DETACHED: As defined in § 350-48(d).
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DWELLING, SINGLE DETACHED, LOT AVERAGING DEVELOPMENT OPTION: As defined in § 350-48(d).
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EASEMENT
A right to land generally established in a real estate deed
to permit the use of land by the public, a corporation, or particular
persons for specific uses.
EDUCATIONAL INSTITUTION
An educational program that offers a program of academic,
trade, business, technical or artistic instruction. This definition
shall include commercial and trade schools, colleges/universities,
massage schools, and elementary and secondary schools.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania duly appointed as an engineer for South Whitehall
Township.
FAA
Federal Aviation Administration.
FACADE
The total wall surface, including door and window areas,
of a building's exterior face.
FADE
A transition between static message displays that is achieved
with varying light intensity and where the first message gradually
loses light intensity to the point of not being legible and the subsequent
message gradually increases intensity to the point of legibility.
FCC
Federal Communications Commission.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or other manufactured material or combination of material
erected for the enclosure of areas.
FLASHING
Giving off light suddenly, at intervals of 10 seconds or
less, or in transient bursts, or where the frequency and manner of
light changes are unrelated to the regular operation of the sign as
otherwise authorized in this chapter or the regular activation or
deactivation of authorized external or internal illumination.
FLICKER
A repeating cycle of changing light intensity.
FLOODPLAIN
An area of land which is inundated periodically by the overflowing
of a stream or river beyond its natural banks as determined by the
Federal Emergency Management Agency's most recent Flood Insurance
Rate Map.
FLOOR AREA (GROSS)
The sum of the gross horizontal areas of the floors of a
building, measured from the exterior face of exterior walls or from
the center line of a wall separating two buildings, but not including
interior parking spaces, loading spaces for motor vehicles, or any
space where the floor-to-ceiling height is less than six feet.
FOREST
A tree mass or plant community covering an area of 1/4 acre
or more, in which tree species are dominant or co-dominant and the
branches of the trees form a complete or nearly complete aerial canopy.
The extent of any forest community or any part thereof shall be measured
from the outermost dripline of all the trees in the community. Forests
do not include orchards, tree farms or old fields.
FOREST CANOPY
The aerial cover formed within any woodland area by the crowns
of trees greater than 50 feet in height.
FRONT LOT LINE
The lot line separating a lot from a street right-of-way.
FRONTAGE
The length of the lot line or portion thereof, which is co-existent
with a street right-of-way line from the street. In the case of a
street of undefined width, said lot line shall be assumed to parallel
the centerline of the street at a distance 25 feet therefrom.
FUEL
Any substance that is burned, consumed or otherwise used
for the production of heat or power, including petroleum products
and natural gas.
GARAGE
A deck, structure, building, or portion thereof for the storage
or parking of one or more vehicles.
GEOEXCHANGE ENERGY SYSTEM, OPEN LOOP
A geoexchange energy system which extracts surface or ground
water into a heat pump, and discharges water back into the ground
through a different well.
GREEN
A pedestrian gathering area characterized predominantly by
an open landscaped area or lawn.
GROUP HOME
A home for handicapped persons, as defined by the Fair Housing
Act and the Fair Housing Amendments Act of 1988, as amended, who live
and cook together in a single detached dwelling unit licensed by the
Commonwealth of Pennsylvania Department of Public Welfare, and subject
to the same limitations and regulations as a single detached dwelling
unit.
HARDSCAPED
A hard surface such as asphalt, portland cement concrete,
or hard surface treatments approved by the Township Engineer.
HEIGHT
The vertical dimension measured from the average elevation
of the single highest point and single lowest point of the finished
grade at the perimeter of the building or structure to the highest
point of the building or structure.
HEIGHT OF COMMERCIAL AMUSEMENT
Vertical dimension measure from the highest point of the
amusement (in terms of highest elevation) to the ground directly beneath
such point.
HUB HEIGHT
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub to which the blade is attached.
INDEPENDENT LIVING UNITS
A dwelling unit for residents of a retirement facility designed
for not more than two adult individuals that do not require medical
care or assistance to perform daily activities. Such unit may take
the form of a single detached dwelling unit, two-dwelling unit, or
multi-dwelling unit and shall contain its own separate sleeping, bath,
and cooking facilities for the occupants of that individual unit.
INDUSTRIALIZED HOUSING UNIT
A structure designed primarily for residential occupancy,
and classified in group Use R in accordance with the standards adopted
in Pennsylvania's Industrialized Housing act of 2004 (35 P.S. § 145.41,
relating to adoption of standards) and which is wholly or in substantial
part made, constructed, fabricated, formed or assembled in manufacturing
facilities for installation or assembly and installation on the Building
site so that the concealed parts or processes of manufacture cannot
be inspected at the site without disassembly, damage or destruction.
The term does not include a structure or building classified as an
institutional building or manufactured home, as defined by the National
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. §§ 5401 through 5426).
INFILL
The development or redevelopment of a vacant lot or tract
that is typically located on scattered vacant lots in the middle of
established neighborhoods or nonresidential areas.
INNOVATION OVERLAY DISTRICT
One of four overlay districts designed to address the needs
of the Growth Opportunity Areas of the Comprehensive Plan or other
areas designated for growth, redevelopment or infill land intended
to result in a particular development outcome.
INSTITUTIONAL USE
A cemetery, school, place of worship, governmental facility
or quasigovernmental facility (such as emergency response service
facility or similar).
INTENSITY (OF DEVELOPMENT)
The attributes of a development, or portion of a development,
characterized by the height of buildings, total floor area, types
of uses, density, or any combination of the aforementioned conditions.
Areas of higher development intensity are typically characterized
by higher maximum heights, greater floor areas, uses with greater
impact on surrounding development, or higher density.
INTERMITTENT
A pattern of changing light intensity, other than that achieved
with immediate, fade or dissolve transitions, where any message remains
static at least four seconds.
LANDOWNER
The legal or beneficial owner or owners of land, the holder
of a valid, nonexpired option or contract to purchase (whether or
not such option or contract is subject to any condition), a lessee
having a remaining term of not less than 40 years or any other person
having a majority proprietary interest in the land.
LIVING AREA
The gross building area of a single detached dwelling unit,
excluding: the thickness of exterior walls; garage areas; basement
areas where the ceiling height measured from the floor is less than
six feet eight inches; and any other building areas where the ceiling
height is either less than five feet or the area is not accessible
by a stairway.
LOADING DOCK
An elevated platform at the shipping or delivery door of
a building, at the same height as the floor of a motor truck or railroad
car to facilitate loading or unloading.
LOT
A designated parcel, tract or area of land held in single
and separate ownership, and established by a plat or otherwise as
permitted by law, occupied by or which may be occupied by a use, structure,
or building and its accessory building or buildings and including
the yard and other open space required by this chapter.
LOT AREA
An area of land which is determined by the lot lines of an
individual lot and expressed in terms of square feet or acres. Any
portion of a lot included within the street right-of-way shall be
excluded from the calculation of lot area.
LOT AVERAGING
A development option that permits a reduction in individual
lot areas and bulk requirements, provided that the number of lots
remains the same as permitted without lot averaging, in order to preserve
open space.
LOT COVERAGE
The area of a lot that is covered by impervious surfaces.
LOT LINE
A line of record forming the front, rear or sides of a lot
and separating one lot from another lot. There are four types of lot
lines:
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FRONT LOT LINE — The street lot line from which the unit
takes access; or where more than one street yard could safely provide
this access, the street serving the smallest traffic volume.
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REAR LOT LINE — The lot line opposite or nearly opposite
the front lot line. In the case of a lot without a clearly identified
rear lot line, that line shall be construed to be a ten-foot-long
line drawn parallel with the front street line.
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SIDE LOT LINE — The lot line that runs generally perpendicular
or at angles to the street or any line that is not a front, street,
or rear lot line. For purposes of setbacks, any lot line shared with
an unopened street or alley shall be considered a side lot line.
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STREET LOT LINE — Any lot line that is also a street right-of-way
line.
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MAIN STREET ENVIRONMENT
A pedestrian-oriented streetscape characterized by a streetscape
width of 60 feet to 100 feet, where the majority of buildings are
located within 20 feet of sidewalks and contain a mix of uses, and
that serves as the central gathering place for commerce and civic
activities for a neighborhood, town, or region.
MANUFACTURED HOME
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet in width or 40 body feet
in length, or when erected on site, is 320 or more square feet, and
which is built on a permanent chassis and designed to be used as a
dwelling (single detached dwelling unit) with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein. The term includes any structure which meets the requirements
of this paragraph except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the Secretary of Housing and Urban Development and complies with
the standards established under the National Manufactured Home Construction
and Safety Standards Act of 1974 (42 U.S.C. §§ 5401
through 5426).
MEDIATION
A voluntary process in which parties may dispute mutually
select a neutral mediator to assist them in jointly exploring and
settling their differences, culminating in a written agreement which
the parties themselves create and consider acceptable.
MIXED-USE BUILDING
A single building containing a combination of permitted commercial
uses or residential and commercial uses, in which the permitted commercial
uses are located on the ground floor with residential or commercial
above.
MOBILE HOME
A transportable single detached 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 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 with or without a permanent
foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with necessary
utility connections and other appurtenances necessary for erection
thereon of a single mobile home.
NIT
A measurement of luminance used primarily to indicate an
LED display's brightness. One NIT is equal to one candela per square
meter (1cd/m2).
NONCONFORMING LOT
A lot of record legally existing at the date of the passage
of this chapter which does not have the minimum width or contain the
minimum area for the zone in which it is located.
NONCONFORMING STRUCTURE
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 thereto 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.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in the Zoning Ordinance
or amendment thereto 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 reasons of annexation.
OFF-STREET PARKING GARAGE
A structure or portion thereof used for the storage and parking
of vehicles and available to the general public, in which no servicing,
repairs, washing, or reconditioning of motor vehicles is carried on.
OFFICIAL MAP
The Official Map of South Whitehall Township, dated May 26,
2010, or as amended.
ON-STREET PARKING
An area of a street right-of-way, parallel to the cartway,
reserved for the parking of motor vehicles, wherein parking spaces
are typically parallel to travel lanes or are angled from the travel
lanes.
OPEN SPACE, ACTIVE
Open space that is intended as a gathering space for residents
of a development or public at large to support organized activities
such as sports, festivals, performances, markets, civic events and
the like; and provides for amenities associated with gatherings, such
as plazas, pavilions, gazebos, greens, walkways, sidewalks, trails,
landscaped sitting areas, playgrounds, play fields, tennis courts,
basketball courts, amphitheaters, and the like. Active open space
is characterized as space generally used by people to do organized
activities requiring major modifications to the natural landscape
and regular service to maintain in its intended fashion.
[Added 3-20-2019 by Ord. No. 1044]
OPEN SPACE, PASSIVE
Open space that is intended to preserve natural and/or historical
features upon the land, preserve notable views, serve as permanent
natural buffer, and/or serve as open space for use by the residents
of the development or public at large; provides opportunities for
walking, hiking, biking and similar activities on trail systems, fishing
and boating on watercourses, exploring, bird watching or relaxation
within natural settings, or similar activities. Passive open space
is characterized as space generally used by individuals or small groups
to do unorganized activities requiring few if any modifications to
the natural landscape and minimal service to maintain in its intended
fashion.
[Added 3-20-2019 by Ord. No. 1044]
PARKING SPACE
A delineated area or garage available for the parking of
one motor vehicle to which there is access from a street, alley or
private drive.
PATIO
An unroofed area which is not enclosed, except for any side
that may adjoin a structure or be lined by fences, hedges or shrubs.
PEDESTRIAN GATHERING AREA
A plaza, green, square, tot lot, park, natural area, public
lawn, or other public outdoor space in which features such as gazebos,
sitting walls, pergolas, fountains, benches, bicycle racks, landscaping,
lighting, and the like are installed and maintained, and in which
public seating, gathering, informal recreation and the like takes
place.
PERIMETER BUFFER
The minimum area along the outermost boundary of a proposed
development, where a buffer/planting strip may be required. This area
is intended to buffer one development type or density from another,
provide landscape area and is to be kept free from impervious surfaces,
except for approved driveways, access lanes, sidewalks, trails, and
fences or walls.
PERSONAL STORAGE UNIT
Also known as a personal on-demand storage (PODS) or portable
moving containers. A transportable non-axeled storage unit, not to
exceed 10 feet in width, 10 feet in height or 20 feet in length in
exterior dimensions, for the temporary storage of property. This does
not include intermodal shipping containers.
PET, NONSTANDARD
A domesticated animal kept for companionship, as specifically named and regulated within §
350-42(q). This shall not include animals raised or kept for agricultural or farming purposes, venomous or poisonous animals, wild or exotic animals, feral animals, and wild/domestic animal hybrids.
PET, SMALL
A domesticated companion animal which is sheltered, fed and
exercised within cages or containers within a dwelling unit and not
permitted to move freely within the dwelling, building or structure,
such as but not limited to domesticated rodents, fish, reptiles, and
some birds. This shall not include animals raised or kept for agricultural
or farming purposes, venomous or poisonous animals, wild or exotic
animals, feral animals, and wild/domestic animal hybrids.
PET, STANDARD
A domesticated animal kept for companionship, specifically
dogs, cats, ferrets, Vietnamese pot-bellied pigs, and rabbits.
PET, STANDARD HOUSE
A standard pet which is kept and sheltered in a dwelling
unit. A standard house pet may be exercised outdoors but shall be
fed and sheltered within the dwelling unit.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
An area of land, controlled by a landowner, to be developed
as a single entity for a number of permitted dwelling unit types or
combination of residential and nonresidential uses, the development
plan for which may not correspond in lot size, bulk, type of dwelling,
use, density, intensity, lot coverage or required open space to the
regulations established in any residential district created under
the provisions of the South Whitehall Township Zoning Ordinance.
PLAZA
A type of pedestrian gathering area that is a predominantly
paved space, designed and maintained with pavers or other approved
hard surfacing material.
PORCH, OPEN
A roofed structure, projecting from the front, side or rear
wall of a building, that is open on three sides, and having no enclosed
features of glass, wood or other materials more than 30 inches above
the floor thereof, except for screening and necessary roof supports.
A porch shall not be considered open if enclosed by either permanent
or detachable glass sash.
PRIMARY BUILDING/PRIMARY USE
A use permitted by right provided said use is shown as a primary use in the Zoning District Schedule for the district in which the use is located and the use is in conformance with all other provisions of this chapter. No more than one primary use shall be permitted on a lot, unless otherwise specified herein, such as but not limited to §
350-31, Provisions for Innovation Overlay Districts, §
350-48(c)(10), Coordinated Developments, §
350-05, Definition of terms, for mixed-use, retirement facility, shopping center, etc.
[Amended 3-20-2019 by Ord. No. 1044]
PUBLIC BUILDING
A building used primarily for public purposes such as, libraries,
fire house, police stations and substations, state, county and/or
federal buildings, excluding criminal rehabilitation and correctional
facilities, schools, and also excluding places of business which may
be used by the public at large for commercial purposes.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
PUBLIC PARK AND RECREATION AREA
A use designated, designed and used for active or passive
recreational purposes by the general public, including trails and
trailheads, and that is established by a governmental agency. This
definition shall not be deemed to include: commercial amusement, adult
uses, golf courses/driving ranges/miniature golf/pitch and putt golf,
arcades, betting activities, or rod and gun clubs.
PUBLIC REALM
The open space of a development developed under the TND Overlay
provisions and including active open space, passive open space, and
the linkages between them to form a cohesive, connected network of
pedestrian circulation.
[Amended 3-20-2019 by Ord. No. 1044]
PUBLIC UTILITY
An organization that maintains the infrastructure for a public
service (often also providing a service using that infrastructure)
and is subject to forms of public control and/or regulation. Public
utilities shall include only municipal authorities or utilities regulated
by the Pennsylvania Public Utility Commission.
QUASIGOVERNMENTAL AGENCY OR ENTITY
An organization that has been assigned by law, or by general
practice, some of the legal characteristics of both the governmental
and private sectors, and is funded and/or has been granted by a branch
of government the capability of self-funding, and that has a public
mandate to provide a given service.
RESTAURANT
An establishment where the primary use is the serving to
the public prepared food to customers, with or without the use of
wait staff, for consumption on or off the premises.
ROOFLINE
The highest continuous horizontal line of a roof. On a sloping
roof, the roofline is the principal ridge line, or the highest line
common to one or more principal slopes of roof. On a flat roof, the
roofline is the highest continuous line of the roof.
SERVICE ANIMAL
An animal that is trained under the guidelines of a nonprofit
organization to be a helper to assist a handicapped person perform
simple everyday tasks.
SERVICE CLUB
A club or organization which is nonprofit in nature and is
dedicated to improving the quality of the community, e.g., Lions,
Kiwanis, Rotary Club, Jaycees, public libraries.
SETBACK
A setback denotes the minimum distance between a use, building
or structure, and a lot line, boundary, natural feature or right-of-way
line. The name of the setback or other accompanying words shall identify
the particular lot line, boundary, feature, or right-of-way line involved.
SETBACK LINE
A line, parallel to a lot line that demarcates the required
minimum distance between such lot line and the primary use of structure.
SEWER SYSTEM, CENTRALIZED
A system designed and constructed to collect, centrally treat,
and dispose of all sewage from all portions of a development.
SEWER, PUBLIC
A sewer system serving a portion of a municipality or municipalities,
developed and administered by a governmental agency or authority.
SHADOW
The outline created on the surrounding area by the sun shining
on the wind energy system.
SHADOW FLICKER
The on-and-off flickering effect of a shadow caused when
the sun passes behind the rotor of a wind turbine.
SHIELDED
A luminaire from which no direct glare is visible at normal
viewing angles by virtue of it being angled, aimed, or oriented, and
located and properly fitted with such devices as shields, baffles,
louvers, skirts or visors.
SIGN FACE
A single surface area to which the sign copy is affixed or
from which the copy or message is displayed or illustrated, not including
structural supports, architectural features of a building or sign
structure, nonstructural or decorative trim.
SKILLED NURSING CARE
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 on an inpatient basis because of age, illness,
disease, injury, convalescence or physical or mental infirmity. The
term "skilled nursing services" includes the provision of inpatient
services that are needed on a daily basis by the resident, ordered
by and provided under the direction of a physician, and which require
the skills of professional personnel, such as registered nurses, licensed
practical nurses, physical therapists, occupational therapists, speech
pathologists or audiologists.
SOLAR ENERGY FACILITY ANCILLARY FACILITIES
All structures and buildings associated with the conversion
of solar energy with the exception of the solar panels and support
scaffolding. Ancillary structures and buildings shall include but
not be limited to substations, electrical transmission lines and access
roads.
SOLAR PANEL
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into useable electrical energy,
heat water, or produce hot air or perform any other similar function
by way of a solar energy system.
SPECIAL EXCEPTION
A use which by virtue of its own particular characteristics
may be permitted in particular areas only after review, public hearing,
and approval by the Zoning Hearing Board.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered human genitals, pubic
region, buttock or female breast below a point immediately above the
top of the areola.
(2)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation or arousal.
(2)
Acts of human masturbation, sexual intercourse or sodomy.
(3)
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
SQUARE
A type of pedestrian gathering area that is characterized
by a having four sides and a combination of paved and landscaped areas.
STORY
That part of a structure included between any floor and the
floor or roof next above. When applied to the permissible height of
the building, the term "story" shall not include a basement if the
basement is not designed for living quarters and if the floor thereof
is more than 50% below the average ground level.
STREET
Any avenue, boulevard, road, lane, parkway, viaduct, or other
way for the movement of vehicular traffic which is an existing state,
county, township roadway, or way shown upon a plan and includes the
land between the street and right-of-way lines, whether unimproved
or improved, with pavement, sidewalks, gutters, parking areas and
other areas within the right-of-way.
STREET CLASSIFICATIONS
(1)
ARTERIAL ROADA major regional or local highway including an expressway, freeway, interstate or intrastate highway as well as selected suburban or rural Streets which are designed to carry large volumes of vehicular traffic through the minimization of access points and provision of passing and/or turning lanes.
(2)
COLLECTOR ROADA street or road designed to carry vehicular traffic between one or more residential or nonresidential areas and a major system of arterial streets and highways, or from one part of a municipality to another part of that same municipality.
(3)
LOCAL ROADA street or road designed to carry vehicular traffic from one or more individual residential or nonresidential units to or from a collector road.
STREET RIGHT-OF-WAY
That portion of land dedicated to public use for street or
utility purposes.
STREET RIGHT-OF-WAY LINE
The lines that form the boundaries of a right-of-way as indicated
by dedication or by deed of record.
STREET, PRIVATE
Streets that have not been accepted by the Township for dedication, including those Streets to remain private under §
350-31(f)(5).
STREETSCAPE
The physical elements within and along both sides of a street
right-of-way that define its appearance, character, and function,
including adjacent building facades and land uses, street lighting
and furniture, landscaping, street trees, sidewalks, signage, and
on-street parking, whether located within the right-of-way or on private
property. Physically, the streetscape is bound by bookend buildings
and the space between building facades, or where buildings do not
exist or are set back from the sidewalk, the build-to line or front
yard setback line, on either side of the street right-of-way.
STREETSCAPE WIDTH
The distance between building facades, build-to lines or
front yard setback lines, as applicable, on both sides of a street
right-of-way, typically ranging from 60 feet to 100 feet.
STRUCTURE
Any man-made object constructed or erected on or in the ground
or water or upon another structure or building and having an ascertainable
stationary location. This definition shall not include walks or driveways
as structures.
SWIMMING POOL
Any structure intended for swimming or recreational bathing
and capable of containing water over 24 inches deep, including in-ground
or aboveground pools, but not including farm lakes, ponds, or other
natural water features.
TIMBER HARVESTING OPERATION
The uprooting or removal, for any purpose, of more than 10
trees per acre, of six inches or greater DBH, from any woodland area,
whether accomplished as a single operation or in more than one operation
over three or fewer years. The removal of trees pursuant to an approved
subdivision or land development plan, landscape plan, the removal
of dead or diseased trees, or invasive vegetation, and the cutting
of trees as part of a Christmas tree farming operation shall not be
considered timber harvesting operations. "Forestry," as defined by
the Pennsylvania Municipalities Planning Code, shall also be considered
a tree harvesting operation.
TND OVERLAY DISTRICT
One of three Innovation Overlay Districts that allow for
traditional neighborhood development.
TOWNSHIP
The Township of South Whitehall in Lehigh County, Pennsylvania.
TRACT
A parcel of land, the dimensions and extent of which are
determined by the latest official records or by the latest approved
recorded map of a subdivision of which the tract is a part. A tract
may include lands covered by more than one legal description.
TRACT SIZE
The area of land contained within the lot lines of all individual
lots in a development and expressed in terms of square feet or acres.
Any portion of a tract included within the street right-of-way shall
be excluded from the calculation of tract size.
TRACTOR-TRAILER TRUCK
(1) A truck, truck tractor or combination having a gross
vehicle weight rating, gross combination weight rating, registered
gross weight, registered combination weight or actual gross weight
of 17,001 pounds or more; or (2) a truck, truck tractor or combination
engaged in interstate commerce and having a gross vehicle weight rating,
gross combination weight rating, registered gross weight, registered
combination weight or actual gross weight of 10,001 pounds or more.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)
A form of land development consistent with TND as per Article
VII-A of the Pennsylvania Municipalities Planning Code (MPC), wherein
a TND is defined as follows: An area of land typically developed for
a compatible mixture of residential units for various income levels
and nonresidential commercial and workplace uses, including some structures
that provide for a mix of uses within the same building. Residences,
shops, offices, workplaces, public buildings and parks are interwoven
within the neighborhood so that all are within relatively close proximity
to each other. Traditional neighborhood development is relatively
compact and oriented toward pedestrian activity. It has an identifiable
center and discernible edge. The center of the neighborhood is in
the form of a public park, green, plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out with an interconnected network of streets and blocks that
provides multiple routes from origins to destinations and is appropriately
designed to serve the needs of pedestrians and vehicles equally.
TRAIL
A path constructed for pedestrian, biking and other nonmotorized
forms of travel, including any ancillary furnishings, that is constructed
to a standard approved by South Whitehall Township and confined within
an easement or right-of-way.
TRAILHEAD
An access point to a trail often accompanied by various public
facilities, including parking areas, toilets, water, and directional
and informational signage.
TURBINE HEIGHT
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
TWIN
See "dwelling, two-unit."
ULTIMATE RIGHT-OF-WAY
The intended width of a street as established by the Township
Comprehensive Plan, Zoning Ordinance or adopted Official Map.
USE
A specific purpose for which land or a sign, structure, or
building is designed or arranged, intended, or for which it may be
occupied or maintained or any activity, occupation, business, or operation
which may be carried on. The term "permitted use" or its equivalent
shall not be deemed to include any nonconforming use.
USEABLE OFFICE AREA
Shall be defined as that space to be used and/or occupied
by an owner and/or by tenants, but excluding shared common building
areas outside the lease or tenant confines needed for access and egress
to multiple tenant suites; such as entrance foyers, atriums, courtyards,
corridors/hallways, stairways, common restrooms and other non-common
areas such as mechanical rooms, building maintenance storage areas
or similar areas that are not available for tenant's office use.
UTILITIES
Buildings and structures of a public or municipal utility,
in addition and connected to the lines, piping, conduits, transformer,
or other equipment which is essential to providing that utility's
services. Normally a significant or combination of structures, often
enclosed within a building, such as a substation, pumping station,
switching building or central station, or similar installation. "Utilities"
shall not be deemed to include alternative tower structures, antennas,
backhaul networks, or towers.
WALL, RETAINING
A structure for holding in place a mass of earth or the like.
WATER, CENTRALIZED
A system designed and constructed to transmit and distribute
water from a common source to all residents in all portions of a particular
development.
WATER, PUBLIC
A centralized water supply system serving portions of a municipality
or municipalities which is owned and operated by the Township or some
other municipality or municipality authority.
WIDTH OF BUILDING
The length of the building measured on a horizontal plane
parallel to the face or facade of the building encompassing the extremities
of the building, generally but not necessarily parallel to the right-of-way
line of the street.
WILD OR EXOTIC ANIMAL
Any animal of a species prohibited by Title 50, Code of Federal
Regulations, or otherwise as controlled by the Commonwealth of Pennsylvania.
It shall include any animal which is wild, fierce, dangerous, noxious,
or naturally inclined to do harm. Wild animals, however domesticated,
shall also include but not limited to:
(1)
Amphibians: All venomous frogs, toads, turtles, etc.;
(2)
Bear (Ursidae): All bears, including grizzly bears, brown bears,
black bears, etc.;
(3)
Cat Family (Felidae): All except commonly accepted domestic
cats; including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, bobcats, wild cats, etc.;
(4)
Crocodilians: All alligators, caimans, crocodiles, gavials,
etc.;
(5)
Dog Family (Canidae): All except domesticated dogs; including
wolf, fox, coyote, dingo or offspring of domesticated dogs bred with
a wolf, fox, coyote, dingo, etc.;
(6)
Mongooses (Feliformia): Mongooses, civets, etc.;
(7)
Pig: All wild or domestic swine, etc., excluding certified Vietnamese
potbellied pigs;
(8)
Porcupine (Erethizontidae): All porcupines, etc.;
(9)
Primates (Hominidae): All sub-human primate, etc.;
(10)
Raccoons (Procyonidae): All raccoons, etc.;
(11)
Reptiles: All venomous or constricting snakes; venomous lizards,
etc.;
(12)
Venomous Invertebrates: All venomous spiders, scorpions, etc.;
(13)
Weasels (Mustelidae): All including weasels, martens, mink,
wolverine, ferrets, badgers, otters, ermine, etc., excluding domesticated
ferrets.
WIND ENERGY FACILITY ANCILLARY FACILITIES
All structures and buildings associated with the conversion
of wind energy with the exception of the wind turbine. Ancillary structures
and buildings shall include but not be limited to substations, meteorological
towers, electrical transmission lines and access roads.
WIND ROTOR
The blades, plus the hub to which the blades are attached,
that are used to capture wind for the purpose of energy conversion.
The wind rotor is mounted on a pole or tower or other suitable structure
along with the other generating and electrical equipment to form a
wind turbine.
WIND TURBINE
The blades and associated mechanical and electrical conversion
components mounted on top of the tower whose purpose is to convert
kinetic energy of the wind into rotational energy used to generate
electricity.
WOODLAND
An area of greater than five acres as depicted in the Comprehensive
Plan, or as amended, of the Lehigh Valley Planning Commission.
YARD (REQUIRED)
An open, unoccupied space between a lot line and setback
line within which no structure is permitted to be located except as
provided within this chapter.
[Amended 9-20-2017 by Ord. No. 1024]
YARD, FRONT (REQUIRED)
A space between the building line or front wall of a building
and a street line (street or road right-of-way line) and into which
space there shall be no structure except as permitted in this chapter.
YARD, REAR (REQUIRED)
A space between the rear lot line and the rear setback line
which shall remain open and unoccupied, except as permitted as part
of this chapter.
YARD, SIDE (REQUIRED)
A space between a side lot line and the side setback line
which shall remain open and unoccupied, except as permitted as part
of this chapter.