[Ord. 2013-01, 2/11/2013]
1.Â
For the purpose of this chapter, certain terms and words are defined
below. Words used in the present tense shall include the future tense.
Words in the singular shall include the plural and words in the plural
shall include the singular. Words in the masculine include the feminine
and the neuter.
2.Â
The words "shall" and "will" are mandatory. The word "may" is permissive.
The word "person" includes "individual," "company," "unincorporated
association," or other similar entities. The words "used for" include
"designed for," "arranged for," "intended for," "maintained for,"
or "occupied for." The word "building" shall be construed as if followed
by the phrase "or part thereof." The word "occupied" means designed
for occupying or intended to be occupied.
[Ord. 2013-01, 2/11/2013; as amended by Ord. 2013-05, 10/14/2013,
§ 1]
Terms or words used herein, unless otherwise expressly stated,
shall be construed as defined below. When terms, phrases, or words
are not defined, they shall have their ordinarily accepted meanings
or such as the context may imply.
A paved or unpaved strip of land across public or private
property designed and intended to provide a means of vehicular access
from a public street to a tract of land, structure or parking area.
A building or structure subordinate to the principal use
permitted by right or principal building/structure and located exclusively
on the same lot as the principal use permitted by right or principal
building/structure and used for purposes which are both customary
and incidental to the principal use permitted by right.
A use subordinate to the principal use permitted by right
and located exclusively on a portion of the same lot as the principal
use permitted by right and used for purposes which are both customary
and incidental to the principal use permitted by right.
The Pennsylvania Municipalities Planning Code, as amended,
53 P.S. § 10101 et seq.
The development of a new use for a building originally designed
or used for another purpose.
Touching at some point and is either side by side or next
to or adjoining.
The average number of vehicles that pass over a given point
per day.
See § 27-737 for all adult related term definitions.
A form of eligibility for a person of 55 years of age or
older.
An adult residential development, age-restricted in accordance
with the requirements of the Federal Fair Housing Act as amended,
emphasizing social and recreational activities, but may also provide
for personal services, limited health facilities and transportation.
The retail sales of agricultural products at roadside stands
or other structures to the general public. This use must meet the
following:
Agricultural retail is an accessory use which shall be clearly
subordinate to the general farming use only. The retail use must be
on the same parcel as the general farming use.
Fifty percent or more of the products sold must be grown, produced,
or raised on the property; however, if the land owner experiences
crop failure due to reasons beyond the control of the land owner,
then this limitation shall not prohibit the land owner from selling
100% of products that are not grown, produced or raised on the property.
The maximum floor area shall be limited to 2,000 square feet.
The agricultural retail use must be set back at least 100 feet
from all property lines and roads.
There shall be at least one parking space for every 250 square
feet of agricultural retail use.
Structures and buildings, which are or were in the past normally
associated with and accessory to agricultural activity. Such structures
include, but are not limited to, barns and bank barns, silos, bulk
bins, spring houses, summer kitchens, and carriage houses.
The production, harvesting and preparation of agricultural,
agronomic, horticultural, silviculture, and aquaculture crops and
products. As to livestock and livestock products, general agriculture
is the keeping of animals involving "animal equivalent units" of live
weight of animals per acre that are less than the amounts specified
under the definition of concentrated animal operations (CAO), as used
herein. In addition, the term general agriculture includes the acceptance
of spent mushroom soil or mushroom compost for dumping, storage or
disposal, but does not include highly concentrated agriculture production
such as mushroom operations.
The production, harvesting and preparation of agricultural
agronomic, horticultural, silviculture, and aquaculture crops and
products. As to livestock and livestock products, intensive agriculture
is the keeping of animals involving "animal equivalent units" of live
weight of animals per acre that are equal to or greater than the threshold
density definition of concentrated animal operations (CAO), as used
herein; provided, however, that if the Pennsylvania Department of
Agriculture shall be interpreted in accordance with the regulations
of the Pennsylvania Department of Agriculture, Pennsylvania Department
of Environmental Protection, or other such other agency, as it relates
to the applicable definition. In addition to concentrated animal operations,
the term "intensive agriculture" includes, but is not limited to,
concentrated animal feeding operations, and other highly concentrated
agriculture production such as mushroom operations.
A place where aircraft land and take off.
Soils which have been formed in alluvium and deposited by
past stream or flooding conditions.
Soil material such as sand, silt, or clay, that has been
deposited on land by past stream or flooding conditions.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure or any enlargement
thereof, whether by extension on any side or by an increase in height,
or the moving of such building from one location or position to another.
1,000 pounds live weight of livestock or poultry animals,
regardless of the actual number of individual animals comprising the
unit, provided, however, that if the Pennsylvania Department of Agriculture,
Pennsylvania Department of Environmental Protection, or other state
or federal agency revises the definition of "animal equivalent unit,"
then this term shall be interpreted in accordance with the regulations
of the Pennsylvania Department of Agriculture, Pennsylvania Department
of Environmental Protection, or other state or federal agency.
An animal equivalent unit per acre of crop land or acre of
land suitable for application of animal manure.
The control and management of livestock; specifically, the
breeding and raising of livestock for commercial purposes.
The keeping of more than five dogs or more than 10 cats which
are lost, strays, unwanted, unlicensed or unowned, whether or not
the shelter is for the purpose of eventual adoption of the animals
or whether the shelter is run as a for-profit or non-profit operation.
Animal shelters shall include animal rescue shelter or wildlife rehabilitation
centers.
A device used for radiating or receiving transmission waves
including, but not limited to, rods, wires, panels, dishes or whips.
For the purposes of this chapter, a support tower shall be construed
as an accessory structure to the antenna.
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 other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
See "dwelling, multi-family."
A landowner who has filed an application for development
or a procedural issue, including its heirs, successors, assigns, or
its agent (including a developer).
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development
including, but not limited to, an application for a building permit,
for the approval of a subdivision plan or for the approval of a land
development plan.
The commercial cultivation of aquatic life, such as fish,
shellfish, and/or seaweed.
The two-dimensional measurement of space between known lines
or boundaries.
|
BUILDING AREA — The total area of all buildings (principal
and accessory) taken on one or more horizontal planes that are directly
between the ground and the sky, exclusive of uncovered porches, awnings,
terraces, and steps.
|
|
FLOOR AREA RATIO — The floor area in square feet of all
buildings on a lot divided by the gross area of such lot in square
feet.
|
|
GROSS FLOOR AREA — The sum of the floor areas of a building,
as measured from the exterior faces of exterior walls or from the
center line of wall separating buildings. In particular, the floor
area of a building or buildings shall include: basement space, all
spaces other than cellar space with structural headroom of 7.5 feet
or more, interior balconies and mezzanines, enclosed porches or terraces
or other spaces which are attached to the principal structure on at
least one side, attic spaces (with or without a finished floor) providing
structural headroom of 7.5 feet or more is available over 50% of such
attic space. However, the "floor area" shall not include: cellar space,
except that cellar space used for retailing, elevator shafts, stairwells,
bulkhead, accessory water tanks or cooling towers, unenclosed terraces,
breezeways, uncovered steps, or open space and accessory buildings.
|
|
HABITABLE FLOOR AREA — The sum of the floor areas of a
dwelling unit as measured to the inside surfaces of interior walls
and including all rooms used for habitation such as living room, dining
room, kitchen, basement, bedroom, bathroom, family room, closets,
hallways, stairways, and foyer, but not including cellars or attics,
service or utility rooms, nor unheated areas, such as enclosed porches.
|
|
LOT AREA — The total surface contained within the property
lines of a lot.
|
|
LOT AREA, GROSS — The space contained within the lot lines,
including land area within all existing and future ultimate street
rights-of-ways, areas delineated as "wetlands," areas indicated as
common open space, and land area within all utility, municipal, and
stormwater easements.
|
|
LOT AREA, NET — The space contained within the lot lines,
excluding any and all land areas as follows: areas within existing
street right-of-ways; areas identified as common open space; areas
within easements dedicated for utility, municipal, or stormwater purposes;
areas delineated as wetlands; areas within the one-hundred-year floodplain
as defined by the Federal Emergency Management Agency (FEMA); and
areas in which the topography exceeds 25%.
|
|
NET TDR AREA — The area defined for the purposes of calculating
available transferable development rights (TDR's) as set forth
in Part 8 herein.
|
|
RETAIL SALES AREA — The total area of use which is devoted
to the display of goods and/or services, including aisles to prospective
patrons.
|
A facility licensed by the Pennsylvania Department of Public
Welfare as a personal care home. Generally, such facility shall contain
residences for persons who do not require the services in or of a
Pennsylvania Department of Health licensed nursing 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 any emergency, or medication prescribed for self-administration.
A dwelling unit for no more than two individuals within an
assisted living facility.
That part of a building which is immediately below and wholly
or partly within the roof framing.
A municipal authority created by Douglass Township.
A commercial service which features the repair of motor vehicle
bodies, including cosmetic detailing, painting and repainting.
Any area of land, including structures thereon, that is use
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any retail sales of motor
vehicle accessories, which shall not include major repairing, body
and fender work, painting, vehicle sales, nor rental or automatic
car washes.
Any building or land devoted to the retail sales of motor
vehicles, including accessory service and repair facilities, if such
service and repairs are conducted within a completely enclosed building.
A roof-like extension from the exterior wall of a building,
located above a door, window, or porch, and designed to provide protection
from the sun and rain.
A structure used (or originally used) for the storage of
farm products or agricultural equipment, animal feed, or for the housing
of farm animals.
A story partly below the finished grade but having 1/2 or
more of its height (measured from finished floor to finished ceiling)
above the average level of the finished grade where such grade abuts
the exterior walls of the building. A basement shall be considered
a story in determining the permissible number of stories.
A type of boarding house; the provisional short-term use
and occupancy of a single-family detached dwelling in which the owner
resides for the purpose of accommodating boarders for rent.
A sign visible from a public or private way that directs
attention to a business, commodity, service, entertainment, attraction,
or subject, sold, offered, or existing elsewhere than upon the same
lot where such sign is displayed. "Billboard" also includes an outdoor
advertising sign on which space is leased or rented by the owner thereof
to others for the purpose of conveying a commercial or non-commercial
message, and also includes all structural components, and all facilities
used to illuminate and/or service the sign.
Board of Supervisors of the Township of Douglass, Berks County,
Pennsylvania.
An individual other than a member of a family owning or occupying
a dwelling unit, or a lodging facility who, for compensation, is furnished
sleeping accommodations within such dwelling unit or lodging facility,
and may be furnished meals or other services as part of the compensation.
A dwelling unit or part thereof in which, for compensation, single-room lodging is provided pursuant to § 27-733 of this chapter. Boarding houses may, but need not, provide meals for their residents.
The use of land, building or structure for the purpose of
boarding customary household pets owned by any number of persons other
than the owners or operators of the boarding kennel. Boarding of hunting
or breeding dogs customarily kept together for extended periods of
time shall be excluded from the definition of a boarding kennel.
A continuous strip of required yard space adjacent to the boundary of a property or district which is clear of all buildings and paved areas and is landscaped in accordance with § 27-713 of this chapter.
A structure enclosed within exterior walls or fire walls,
built, erected, and framed of component structural parts, designed
for the enclosure and support of individuals, animals, or property
of any kind.
The percentage of a lot covered by principal and accessory
buildings.
The vertical distance measured from the average elevation
of the finished grade at the two front corners of the building to
the highest point of the roof.
The measurement of a building in one general direction, whether
it be the front, side, or rear of the building.
The minimum distance a building or structure must be set
back from the street right-of-way line (except the right-of-way of
a service street).
The line within a property establishing the minimum required
distance between any building or structure or portions thereof to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line which abuts the property and the
building setback line shall be parallel to said right-of-way line.
A term used to describe the size, volume, area, or shape
of buildings or other structures and their physical relationship to
each other, to open space, to tracts of land, or to lot lines.
A structure used to store large quantities of seed, grain,
feed, or silage.
The diameter of a tree trunk measured at a point six inches
above ground level.
A plot of ground upon which two or more campsites are located,
regardless whether a fee has been charged for the occupancy of such
space or if operated by either a for-profit or nonprofit organization
or entity. Campground shall include motor coach park, recreational
vehicle park, or any similarly construed terminology, in which the
land is designed and intended for use as sites allowing the use of
tents or recreational vehicles as temporary living quarters.
A tent or camping vehicle located on a campsite.
A plot of ground within a campground designed and improved
for temporary transient occupancy by a single camping unit.
A structure with two or fewer walls designed to provide shelter
and storage for motor vehicles.
The portion of a street right-of-way, whether paved or unpaved
designed for vehicular use.
A story partly below the finished grade, having at least
1/2 of its height (measured from finished floor to finished ceiling)
below the average level of the adjoining finished grade where such
grade abuts the exterior walls of the building. A cellar shall not
be considered a story in determining the permissible number of stories.
Land used or intended to be used for the burial of human
remains and may include mausoleums, columbariums, a crematorium, and/or
a mortuary when operated in conjunction with and within the boundary
of such cemetery.
A statement, based on an inspection, signed by the Zoning
Officer, setting forth that a building, structure, sign, and/or land
use complies with this chapter, or that a building, structure, sign,
and/or land use may be lawfully employed for specific uses or both.
Issuance of a zoning certificate of use and occupancy shall not be
construed as either a building permit or a certificate of occupancy
issued by a Building Code Official under the Uniform Construction
Code, Act 45 of 1999, as amended.
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, cemeteries, and
church-related educational and/or day-care facilities.
An area of unobstructed vision at a street intersection;
defined by lines of sight between points at a given distance from
the intersection down the center lines of the street.
The removal of all trees greater than 12 inches dbh on a
site or any portion thereof greater than 0.5 acre in contiguous area,
during a single timber harvesting operation or within a three-year
period.
An association of persons for some common nonprofit activity,
not including groups organized primarily to render a service which
is customarily carried on as a business.
An alternative development method wherein structures are
arranged in closely related groups, reducing lot sizes, preserving
land for open space, and permitting innovative site design.
See "open space, common."
See "parking area, common."
A wall used or adopted for joint service between two buildings
or parts thereof.
Antennas, radios, receivers and transmitters, batteries and
other power sources, cables, generators, and other equipment, and
appurtenances necessary for the installation and operation of a facility
for transmitting or receiving radio, television, telephone and/or
internet service signals, licensed for operation by the Federal Communications
Commission.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 200 square feet.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The document entitled the "Douglass Township Comprehensive
Plan," as amended, or any part thereof, adopted by the Douglass Township
Board of Supervisors.
An agriculture operation where animals are kept and raised
in confined situations. A concentrated animal feeding operation is
defined as: any agricultural operation with greater than 1,000 animal
equivalent units; a concentrated animal operation with greater than
300 animal equivalent units; or any agriculture operation defined
as a large concentrated animal feeding operation under the Code of
Federal Regulations. If the definition of large concentrated animal
feeding operation is revised by the Code of Federal Regulation, or
by another state or federal agency, then this term shall be interpreted
in accordance with the revised regulations of such agency.
An agricultural operation with eight or more animal equivalent
units (AEUs) where the animal density exceeds two AEUs per acre on
an annualized basis. Animal density includes all livestock, including
nonproduction animals such as horses used for recreation and transportation.
An operation with less than eight AEUs is not considered to be a concentrated
animal operation regardless of the animal density. The number of AEUs
on an agriculture operation is calculated through the use of an established
formula set from the State Conservation Commission. The acreage used
in the concentrated animal operation formula to calculate the AEUs
per acre includes land suitable for the application of manure, which
may include rented or leased land outside the parcel where the agriculture
operation is located. It is further provided, however, that if the
Pennsylvania Department of Agriculture, Pennsylvania Department of
Environmental Protection, or other state or federal agency revised
the definition of concentrated animal operation, then this term shall
be interpreted in accordance with the regulations of the Pennsylvania
Department of Agriculture, Pennsylvania Department of Environmental
Protection, or such other agency.
Certain specified uses which are permitted or denied by the
Board of Supervisors after recommendations by the Planning Commission
pursuant to express standards and specifications established in this
chapter.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common space
solely for the owners of those portions, created under the Pennsylvania
Uniform Condominium Act, as amended, 68 Pa.C.S.A. § 3101
et seq.
A group of real property owners who together comprise an
entity, or that entity itself, the function of which is to maintain
and administer property which either the entity itself owns or which
is owned in common by the members of the entity, to protect and enhance
the value of the property owned individually by each of the members
and to provide a mechanism for the orderly co-existence of a membership
which lives in proximity one to another.
The total necessary land required for all buildings or uses
within a unified development before a zoning permit and/or building
may be issued.
A form of multiple-residential development, which provides
for a continuum of accommodations and care for persons at least 62
years in age, or for couples at least one of whom is 62 years of age
or older, and with no residents under the age of 18 in residence for
more than 14 consecutive days. A CCRC provides independent living
residences, assisted living residences, personal care, skilled nursing
facilities, health care services, social services and customary accessory
uses.
An imaginary line on the ground connecting points of equal
elevation above sea level and commonly shown on maps as a representation
of topography.
A retail building designed and used to serve a local market
which generally involves high turnover of clientele and includes,
but is not limited to, any of the following uses; delicatessen, small
food market, or rental of media.
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Berks, Commonwealth of Pennsylvania.
The Berks County Planning Commission.
A portion of a lot unoccupied above grade but partially or
wholly surrounded by the walls of a structure or buildings.
A land owner who desires to challenge on substantive grounds
the validity of a zoning ordinance or map or any provision thereof
pursuant to § 609.1 of Act 247, as amended, 53 P.S. § 10609.1.
A proposed zoning amendment initiated by the Township pursuant
to § 609.2 of Act 247, as amended, 53 P.S. § 10609.2.
The edge of the cartway.
Any of the following:
|
COMMERCIAL ADULT DAY CARE — A commercial facility where
daytime supervision is provided for adults.
|
|
COMMERCIAL CHILD DAY CARE CENTER — A facility which exclusively
provides supplemental parental care and/or instruction to children
who are not related to the caregiver or operator; where tuition, fees,
or other forms of compensation are charged; and, which is licensed
or approved to provide child care by the Commonwealth of Pennsylvania.
|
|
HOME DAY CARE — A home occupation in which a private residence
is used for the care and supervision of no more than five children
under the age of six including those related to the caregiver.
|
The diameter of a tree trunk, measured at 4.5 feet from the
ground surface at the point of the highest elevation in contact with
the trunk of such tree. Measurement in terms of dbh typically is applied
to existing trees on a site and not to new nursery stock to be planted
(which is measured in terms of caliper).
A legal document duly recorded in the Office of the Recorder
of Deeds of Berks County, Pennsylvania, which severs transferable
development rights (TDRs) from the fee interest in the land for lot(s)
in designated sending areas pursuant to this chapter, making them
available for transfer of ownership or otherwise for use at receiving
sites pursuant to this chapter.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto.
The number of dwelling units per acre.
|
GROSS DENSITY — Gross density is the number of dwelling
units per gross acre of the tract of land prior to subtracting out
such acreage as rights-of-way or any other acreage of the tract as
established by this chapter.
|
|
NET DENSITY — Net density is the number of dwelling units
per net acreage which is the amount of acreage remaining after subtracting
out acreage associated with rights-of-way or any other acreage required
to be subtracted from the gross acreage of a tract as established
by this chapter.
|
The Pennsylvania Department of Environmental Protection.
Any landowner, whether an individual, firm, partnership,
association, corporation, estate, trust, or any other group or combination
acting as a unit (or agent of said landowner authorized thereby) which
undertakes the subdivision or development of land.
The provisions for development, or a plat of a subdivision,
including all covenants relating to use, location, and bulk of buildings
and other structures; intensity of use or density of development;
and the design and location of streets, rights-of-way, parking facilities,
common open spaces, and public facilities. The phrase "provisions
of the development plan," when used in this chapter, shall mean the
written and graphic materials referred to in this definition.
A facility or a part of a facility, at which waste is placed
into or on any land or water, and at which will remain after closure.
A portion of the Township within which certain uniform regulations
and requirements or combinations thereof apply under the provisions
of this chapter.
A farm animal that is raised and housed on properties for
the purposes of domestic use by the property owner.
A building or structure or portion thereof arranged, intended,
designed, or used as the living quarters for one or more families
living independently of each other. Such buildings as hospitals, hotels,
boarding, rooming, lodging houses, nursing homes, motels, and institutional
residences are not included in the definition of dwelling.
|
ACCESSORY DWELLING — A self-contained dwelling unit located within or physically attached to a single-family detached dwelling thereto. The accessory unit is complete with kitchen and bath facilities and is subordinate to the principal dwelling in terms of size and function. Accessory dwelling units are only permitted as in-law quarters subject to § 27-765 of this chapter.
|
|
APARTMENT BUILDING/MULTI-FAMILY DWELLING — A building
on a single lot arranged, intended, or designed to be occupied as
a residence for three or more families, and in which the dwelling
units may be separated horizontally or vertically.
|
|
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.
|
|
MODULAR HOME — Any structure designed primarily for residential
occupancy which is wholly or in substantial part made, fabricated,
formed, or assembled in manufacturing facilities for installation
or assembly and installation, on the building site. Housing units
defined as mobile homes are excluded from this definition.
|
|
SINGLE-FAMILY DETACHED DWELLING — A building arranged,
intended, or designed to be occupied exclusively as a residence for
one family and having no common wall with an adjacent building.
|
|
SINGLE-FAMILY SEMI-DETACHED DWELLING — A building arranged,
intended, or designed to be occupied exclusively as a residence for
two families, one family living on each side of an unpierced common
wall.
|
|
TWO-FAMILY DETACHED DWELLING (DUPLEX) — A building arranged,
designed, or intended for occupancy by two families living independently
of each other in separate dwelling units that are separated by unpierced
horizontal floors as opposed to vertical walls.
|
|
TOWNHOUSE — A building arranged, intended, or designed
to be occupied exclusively as a residence for one family which is
one of a group of three or more such buildings, placed side by side
and separated by unpierced common walls, each dwelling having at least
one separate entrance from the outside.
|
A building or portion thereof providing one or more rooms
arranged for the use of one or more individuals living together as
a single housekeeping unit, and having no cooking or sanitary facilities
in common with any other dwelling unit.
Any construction or other activity which disrupts the surface
of the land, including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth.
An interest in land owned by another that entitles the holder
to a specific limited use or enjoyment.
A commercial activity, building or structure, the principal
purpose of which is the remunerated furnishing or serving of food
and beverages for consumption on the premises. This definition includes
restaurants and any other activity which may include a restaurant-type
facility, such as hotels, country clubs, and social clubs, regardless
of whether such activity is open to the general public.
Use of land or buildings for the establishment and maintenance
of a public or private college, commercial or non-profit, secondary
or elementary school, or other educational institution for the primary
purpose of instruction and learning excluding day care.
|
NON-PROFIT SCHOOL — A public or private non-profit school
is defined as an educational use that is not conducted as a gainful
business.
|
|
COMMERCIAL SCHOOL — A commercial school shall be defined
as an educational use conducted for-profit as a gainful business.
|
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the need of the general public.
The U.S. Environmental Protection Agency.
An exotic animal is a rare or unusual animal which has not
been domesticated retaining its wild, carnivorous and or predatory
nature making it unsuitable as a household pet. Examples of such animals
include: alligators, amphibians, foxes, bears, wolves, skunks, degus,
civets, genets, kinkajous, raccoons, chinchillas, hedgehogs, wallaroos,
lions, tigers, bobcats, leopards, cheetahs, jaguars, cougars, servals,
ocelots, hyenas, venomous or constricting snakes, and non-human primates.
The mining or quarrying of sand, clay, shale, gravel, topsoil,
stone, ore, or minerals; also similar operations such as the removal
of materials for fill operations; the removal of groundwater for commercial
bottling purposes.
The front surface of a building, usually visible from the
public street upon which the lot has frontage surface through which
the main building entrance provides access. The facade is typically,
but not necessarily more or less parallel to the front lot line.
A single housekeeping unit intended to provide a stable,
permanent and functional lifestyle including one or more persons related
by blood, foster relationship, marriage or adoption, and, in addition,
any domestic servants; or a group of not more than five persons who
need not be so related including domestic servants, who are living
together in a single dwelling unit and maintaining a common household
with single cooking facilities. A roomer, boarder, or lodger shall
not be considered a member of the family. The limit of not more than
five persons unrelated by blood, foster relationship, marriage, or
adoption shall not apply to persons protected under the Federal Fair
Housing Amendments Act, 42 U.S.C. § 3601 et seq., or the
Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
An area of land, including all buildings, accessory buildings,
farm buildings, and not more than one single-family dwelling, all
used for agriculture.
A barn, silo, or any building used for the storage of agricultural
equipment or farm produce, or housing livestock or poultry. The term
"farm building" shall not include dwellings.
A temporary or permanent structure, accessory to an agricultural
use, used for the display and sale of items grown, created, or otherwise
produced upon the agricultural lot whereupon such structure is located
(see "agricultural, retail").
A retail sales use where more than one vendor displays and
sells general merchandise that is new or used. The activity can include
indoor and outdoor display of merchandise.
A commercial activity, the principal purpose of which is
the remunerated furnishing or serving of food and beverages for consumption
either on the premises or off the premises.
A fast food restaurant with an accessory facility where customers
may be served without leaving their vehicles.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall.
A facility which houses fire equipment and supplies for the
purpose of providing fire protection to the community. A fire station
can include other emergency equipment such as ambulances. A fire station
may or may not include social quarters for the volunteer members of
the fire station. The social quarters, if included, could contain
a bar, restaurant, lounge, social hall for the volunteer members and
their guests. Living quarters for the volunteer members may or may
not be part of the fire station. A fire station is considered an emergency
support facility as is an ambulance or paramedic station.
A general and temporary condition of partial or complete
inundation of normally dry land from the overflow of streams, rivers
or other water bodies.
The projected flood height of the base flood.
The one-hundred-year flood elevation as established by the
Federal Emergency Management Agency (FEMA).
The remaining portions of the one-hundred-year floodplain
in those areas in the Flood Insurance Study (FIS) where a floodway
has been delineated.
The flood having a 1% chance of being equaled or exceeded
in any given year, known as the "one-hundred-year flood", or the "1%
flood."
A relatively flat or low area adjoining a river, stream,
or watercourse which is subject to partial or complete inundation
from an adjoining or nearby stream, river or watercourse; and, any
other area subject to the unusual and rapid accumulation of runoff
of surface areas.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The areas identified as "floodway" in the Flood Insurance
Study (FIS) prepared by FEMA. The term shall also include floodway
areas which have been identified in other available studies or sources
of information for those floodplain areas where no floodway has been
identified in the FIS.
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.
An area or structure where cargo is stored and where trucks
load and unload cargo on a regular basis.
That portion of a lot that abuts directly upon the street
right-of-way line.
A use which prepares the remains of deceased humans for burial
and cremation. This use may also conduct funeral services.
A building/structure accessory to a dwelling unit, or a portion
of a dwelling unit used for the storage of motor vehicles owned and
used by the owner or tenant of the premises. The garage must be on
the same lot as the principle dwelling.
A building/structure, other than a private or storage garage,
one or more stories in height, used solely for the commercial storage,
service, or repair of motor vehicles.
A building/structure, other than a private residential garage
or a public garage, one story in height, used solely for the storage
of motor vehicles used in conjunction with a business or industry,
but not for the sale, service, or repair thereof nor for the sale
of fuel, accessories, or supplies.
An organized, unlighted playing area containing a minimum
of nine holes, constructed according to PGA and USGA standards and
excluding miniature golf courses and driving ranges.
The Board of Supervisors of the Township of Douglass.
The average finished grade elevation adjoining a building.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of plants. Greenhouses
are further defined as follows:
GREENHOUSE, CULTIVATIONA greenhouse used for the cultivation and growth of houseplants, flowers, shrubs, vegetables, plants and the like, for the purposes of further cultivation in the soil located on site, or for wholesale distribution.
GREENHOUSE, GARDEN CENTERA greenhouse and associated buildings used for the buying and reselling of plants, trees, mulch, landscaping products and the like.
A type of boarding house for the sheltered care of persons
with special needs, and in addition to providing food and shelter,
may also provide some combination of personal care, social or counseling
services, and/or transportation, and their caregivers, which has been
licensed as a group home by the Commonwealth of Pennsylvania. All
residents of a group home shall function as a single housekeeping
unit, sharing kitchen facilities and a communal dining area. Court-mandated
associations, rehabilitative facilities, penal institutions, and any
type of living arrangement which is clearly an involuntary association
shall not under any circumstances be considered a group home, regardless
of the living arrangement within the facility.
Waste as defined in 25 Pa. Code §§ 260-270,
"Hazardous Waste Regulation," garbage, refuse, sludge, and other discarded
material including solid, liquid, semi-solid, and gaseous material
from any source that, because of its quantity, concentration, physical
or chemical composition, or infectious characteristics is considered
as hazardous waste as defined under 25 Pa. Code §§ 260-270,
"Hazardous Waste Regulation."
A private or public indoor facility utilized for recreational
activities. All activities relating to an adult business use shall
be prohibited within a health club.
Any area of land, water or structure which is used or intended
to be used for the landing and takeoff of helicopters and any appurtenant
area that is used for heliport buildings, structures, or facilities
or rights-of-way, together with all heliport buildings, structures
and facilities thereon.
Surface soils which are within three feet of the seasonable
high water table as identified in the Berks County Soil Survey, as
amended.
A place of ingress/egress from or access to a street or highway
created by a driveway or another street or highway. Measurement between
them shall be from the center line of one such point to the center
line of another such point.
The lot dimensions measured along the right-of-way line of
any one street or highway abutting a lot.
An activity carried on in a dwelling unit, or a structure
accessory thereto, clearly secondary and incidental to the dwelling
in which the practitioner resides.
A facility providing physical or mental health services and
medical or surgical care of the sick, handicapped, or injured including
facilities for overnight accommodations of patients. Hospitals may
include various ancillary activities which are customarily incidental
to and in direct support of the primary health care mission of the
hospital. Such ancillary activities would include, but not be limited
to, pharmacies, gift shops, teaching facilities, research facilities,
patient hostels and diagnostic or treatment facilities that are integrated
with the hospital facilities.
A building or group of buildings containing five or more
individual rooms for rental, primarily for transients, with common
interior or exterior hallways for all rooms on the same floor. "Hotel"
does not include institutional or educational uses and buildings where
human beings are housed under legal constraint.
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, cemeteries, and
church-related educational and/or day-care facilities but shall exclude
buildings used primarily for residential, educational, burial, recreational,
or other uses not normally associated with worship.
A soil that is saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions in the upper
part.
The percentage of lot area covered by any and all impervious
materials, such as buildings, accessory structures, paved parking
areas, paved walks, terraces, and similar surfaces which do not normally
absorb rainfall.
Ground cover which prevents the absorption of water by the
underlying soil, examples of such ground covers include but not limited
to cement, macadam, buildings, driveways, sidewalks, etc.
Any type of structure or paved section, excluding driveway,
curb, sidewalk, planting strip, or barrier to unchanneled motor vehicle
entrance or exit.
The minimum distance an improvement or land use activity
must be set back from a street right-of-way or property line.
An accessory dwelling unit family members constructed as
part of a single-family detached dwelling.
A dwelling unit used exclusively for occupancy by one or
two persons in a continuing care retirement community.
A facility for the manufacturing, processing, or warehousing
of products and materials.
A lot, land, or structure, or parts thereof used for the
collection, storage, dismantling, salvage, sale, or recycling of used
and discarded materials, including, but not limited to, waste paper,
rags, scrap metal, or the scrap, salvage, or discarded material from
vehicles or machinery. The deposit or storage of two or more unlicensed,
uninspected, wrecked, or disabled vehicles on a property shall cause
such property to be deemed a "junkyard," and to be regulated as such.
The use of land, building or structure for the purpose of
breeding, training or grooming customary household pets for compensation,
or the maintenance of five or more animals that are more than six
months old where not constituting a boarding kennel. For the purposes
of this chapter, "kennel" does not include "boarding kennel."
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing, and experimentation,
but not including the manufacture of products for sale.
The improvement of one lot or two or more contiguous lots,
tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
Development in accordance with the provisions specified in the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
A disposal facility or part of a facility where waste is
placed in or on land and which is not a land treatment facility, a
surface impoundment or an injection well. The term "landfill" is further
defined under Title 25, Pennsylvania Code, as amended. Such definition
is hereby incorporated into this chapter by reference.
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 under a
lease, who has authorization of the legal owner, shall be deemed to
be a landowner for the purpose of this chapter.
A continuous layer of natural or synthetic materials beneath
or on the sides of a storage or treatment device, surface impoundment,
landfill, or landfill cell, which severely restricts or prevents the
downward or lateral escape of waste or leachate.
An animal customarily bred and raised commercially, and no
production animals such as horses used for recreation and transportation.
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. The term "lot" shall also mean parcel, plot,
site, or any similar term.
|
CORNER LOT — A lot situate at and abutting the intersection
of two streets having an interior angle of intersection not greater
than 135°. A corner lot shall meet the minimum required lot width
along both intersecting streets to which it has frontage.
|
|
FLAG LOT OR KEYHOLE LOT — An irregularly shaped lot characterized
by an elongated extension from a street to the principal part of the
lot. The flag or keyhole shape of the lot is normally intended to
provide for access to an otherwise landlocked interior parcel.
|
|
INTERIOR LOT — A lot other than a corner lot, the sides
of which do not abut a street. Interior lots are also commonly known
as "landlocked lot."
|
|
REVERSE FRONTAGE LOTS — Lots which have frontage on two
public streets while restricting vehicular access solely to the public
street which would front along the commonly identified rear of the
lot.
|
|
THROUGH LOT — An interior lot having frontage on two parallel
or approximately parallel streets.
|
A form of residential development wherein a minimum average
lot size is specified. Individual lots within the development may
be smaller than the indicated average, provided that larger lots are
created (and deed restricted from further development, if necessary)
such that the mean size of all lots created from the original tract
is equal to or greater than the required minimum average lot size.
For the purposes of this definition, the term "original tract" shall
be interpreted to mean the tract as it existed upon the effective
date of this chapter.
The percentage of a lot covered by principal and accessory
buildings.
The mean average horizontal distance between the front and
the rear lot lines.
That portion of a lot which is coincident to the lot width
at the right-of-way line of a public street.
A line forming the front, rear, or side boundary of a lot.
|
FRONT LOT LINE — The line separating a lot from a street.
The front lot line is also the lot width at the street right-of-way
line.
|
|
REAR LOT LINE — The lot line farthest from and most nearly
parallel to the front lot line.
|
|
SIDE LOT LINE — Any lot line other than a front or rear
lot line.
|
A lot or parcel of record on a final plan consistent with
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., and recorded in the Office of the Recorder of Deeds of Berks
County, Pennsylvania.
The width of a lot measured at the legal right-of-way line
of the public street immediately adjacent thereto. The term "lot width"
shall be considered as a contiguous measurement and not a cumulative
measurement.
A place of business where a person or persons engage in or
carry on any method of pressure on, friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating any
part of the body with the hands or with the aid of any mechanical
apparatus. Person or persons involved in the practice of said massage
activities shall be a state licensed massage therapist or individual
meeting the criteria of § 13 of Pa. Act 118 defined as "other
professionals." This definition shall not be construed to include
a hospital, nursing home, or medical clinic; the office of a physician,
surgeon, chiropractor, osteopath, or physical therapist duly licensed
by the Commonwealth of Pennsylvania; or barber shops or beauty salons
in which massages are administered only to the scalp, face, neck and/or
shoulders. All activities related to an adult business use shall be
prohibited within a massage parlor/massage therapy establishment.
An individual licensed by the State Board of Massage Therapy
to practice massage therapy.
The application of a system of structured touch, pressure,
movement, holding and treatment of the soft tissue manifestations
of the human body in which the primary intent is to enhance the health
and well-being of the client without limitation, except as provided
under Pa. Act 118, Massage Therapy Act of 2008. The term includes
the external application of water, heat, cold, lubricants or other
topical preparations, lymphatic techniques, myofascial release techniques
and the use of electromechanical devices which mimic or enhance the
action of the massage techniques. The term does not include the diagnosis
or treatment of impairment, illness, disease or disability, a medical
procedure, a chiropractic manipulation adjustment, physical therapy
mobilization-manual therapy, therapeutic exercise, electrical stimulation,
ultrasound or prescription of medicines for which a license to practice
medicine, chiropractic, physical therapy, occupational therapy, podiatry
or other practice of the healing arts is required.
The extraction of any aggregate or mass of mineral matter,
whether or not coherent. The term includes, but is not limited to,
quarrying, 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.
A building and/or series of buildings divided into separate
storage units for personal property and/or property associated with
some business or other organizations. These units shall be used solely
for dead storage, and no processing, manufacturing, sales, research
and development, testing, service and repair, or other non-storage
activities shall be permitted.
The extraction of minerals and coal from the subsurface of
grounds located within the Township and shall not include quarrying
or open-face mining.
The use of a lot or parcel of land for two or more uses.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel or contiguous parcels of land which has been improved
to contain two or more mobile home lots for the placement thereon
of mobile homes.
See "hotel/motel."
Any vehicle that is self-propelled except an electric personal
assistance mobility device or a vehicle that is propelled solely by
human power, including a motor vehicle defined in the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
An area of land, including structures and buildings thereon,
used primarily for the sale of gasoline or motor vehicle fuel, but
which may be used secondarily for supplying services generally required
for the operation and maintenance of motor vehicles, but which shall
not include painting, body or fender repairs, or the sale, rental,
or storage of vehicles.
Includes, without exception, any motor vehicle as to which
one or more of the following conditions exist:
A motor vehicle for which a certificate of junk or salvage has
been issued by the Department of Transportation of the Commonwealth
of Pennsylvania.
A motor vehicle whose engine or any essential or material part
thereof has been removed for more than seven days, except if stored
at an automobile repair agency or garage.
A motor vehicle one or more of whose tires has been flat or
one or more of whose wheels has been removed for more than seven days.
A motor vehicle bearing no current Pennsylvania inspection sticker
or which does not meet the inspection requirements of the Commonwealth
of Pennsylvania.
A motor vehicle bearing no current registration or license tag,
except if stored on the premises of a licensed automobile dealer.
A motor vehicle whose doors and windows are not intact or cannot
be securely closed.
A motor vehicle damaged by collision to such an extent that
it is inoperable, except if stored at an automobile repair agency
or garage.
A motor vehicle in such condition or situated in such circumstances
as to cause such vehicle reasonably to appear to have been abandoned.
Any use authorized by the Board of Supervisors for the benefit
of the Township, including, but not limited to, for a public auditorium
or meeting rooms for civic group use; recreational areas including,
but not limited to, parks, swimming pools, golf courses, and spectator
sports; Township offices; police station; water supply or sewage treatment
facilities; utilities; storage of road maintenance materials and/or
equipment, and similar governmental uses.
Douglass Township, Berks County, Pennsylvania.
Naturally occurring characteristics of a tract, as may be
modified by man. Natural features include, but are not necessarily
limited to, topography, surface waters, rock outcroppings, geologic
characteristics, soil cover, ground cover, woodlands, and freestanding
trees. Natural features exclude buildings, structures and paved areas.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client, or patient traffic,
whether vehicular or pedestrian, pickup, delivery, or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
There shall be no outside appearance of a business use including,
but not limited to, parking, signs, or lights.
The business activity may not use any equipment or process that
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot which does not meet the minimum lot width or area dimensions
specified for the district where such lot is situated, either at the
time of enactment of this chapter or as a result of subsequent amendments
thereto, where such building or structure lawfully existed prior to
the enactment of this chapter or amendment thereto.
[Amended by Ord. No. 2018-01, 8/13/2018]
A structure or building, or part thereof, which does not
meet the applicable provisions or requirements of the district in
which it is located, either at the time of enactment of this chapter
or as a result of subsequent amendments thereto, where such building
or structure lawfully existed prior to the enactment of this chapter
or amendment thereto. Such nonconforming structures include, but are
not limited to, nonconforming signs.
[Amended by Ord. No. 2018-01, 8/13/2018]
A use of a building, structure, sign, or land which does
not conform to the applicable regulations of the district in which
it is located, either at the time of the enactment of this chapter
or as a result of subsequent amendments thereto, but which lawfully
existed prior to the enactment of this chapter or amendment thereto
and did not violate any applicable use regulations prior to the enactment
of this chapter or amendment thereto.
[Amended by Ord. No. 2018-01, 8/13/2018]
The unreasonable, unwarranted, or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person or resident in the legitimate
enjoyment of their reasonable rights of person or property.
See "greenhouse."
A building containing sleeping rooms used by persons who
are lodged and furnished with meals and are provided with needed support
services, including the availability of basic nursing care. Such a
facility may or may not include skilled nursing or medical care. This
definition shall be limited to facilities licensed by the Commonwealth
of Pennsylvania as a nursing center or personal care center.
A place where the primary use is conducting the affairs of
a business profession, service, or government, including administration,
record keeping, clerical work, and similar business functions. An
office shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair, or storage of materials, goods
or products; or the sale or delivery of any materials, goods, or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use.
A nonresidential structure which accommodates or is designed
to accommodate administrative, clerical, governmental, and professional
services and functions.
A flood that, on the average, is likely to occur once every
100 years; i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year.
Open space is area not built upon within subdivisions or
land developments or tracts of land within the municipality including
agricultural land, fields, mountains, valleys, and stream corridors.
It is land characterized by environmental features such as streams,
wetlands, steep slopes, rock outcroppings, forests, mountainous areas.
Open space can be public land or privately owned land. Open space
can be in its natural state or include areas of active and passive
recreation.
A parcel or parcels of land or an area of water, or a combination
of land and water, within the development site designed and intended
for use or enjoyment of all residents of the development in which
it is located. Land area included within the right-of-way lines of
streets and waterways of the commonwealth such as streams, ponds,
or wetlands, and stormwater detention or retention basins shall not
be attributable to common open space requirement. Common open spaces
shall not include required open areas between buildings and between
buildings and street rights-of-way, driveways, parking areas and property
lines in the development. No dwelling unit, residential accessory
buildings, or parking areas may be located within common open spaces.
A parking facility other than those provided within the lot
lines of a lot on which not more than one dwelling unit is located.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways, and maneuvering space
appurtenant thereto.
The limit beyond which parking is not allowed; the circumscribed
parking area.
A reasonably level space, available for the parking of one
motor vehicle, not less than 10 feet wide and having an area of not
less than 200 square feet exclusive of passageways and other means
of circulation or access.
This term is defined as the open space and recreational park
land standard as applied per dwelling unit as defined in the Open
Space and Recreation Plan Element of the Douglass Township Comprehensive
Plan of 1988, as amended.
A reasonably level, surfaced area, directly adjacent to a
principal building at or within three feet of the finished grade and
not covered by a permanent roof.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces,
and similar surfaces which do not normally absorb rainfall.
The Pennsylvania Department of Transportation.
A use permitted in a particular district to occupy or use
land or a structure for a specific purpose in accordance with this
chapter, when such use is permitted by right.
A premises licensed by the Pennsylvania Department of Public
Welfare 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, who do not require the services
in or of a licensed long-term care facility, but who do require assistance
or supervision in activities of daily living.
An establishment primarily engaged in providing services
involving the care of a person, such as fitness studio, martial arts
studio, health club or massage therapy establishment; or his or her
personal goods or apparel such as dry cleaning, laundromats, linen
supply, beauty shop, barber shop, shoe repair, and seamstress and
tailor shop.
See "mini-warehouse."
The proposal for development, including a plat of subdivision;
all covenants, grants, or easements; and other conditions relating
to use, location, and bulk of buildings, density of development, common
open space, and public facilities.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond to the lot size, bulk or type of dwelling, or
use, density, or intensity, lot coverage and required open space to
the regulations established in any one residential district created,
from time to time, under the provisions of a municipal zoning ordinance.
The Planning Commission of Douglass Township, Berks County,
Pennsylvania.
Domestic fowl raised for meat or eggs including chickens,
turkeys, ducks, geese, etc.
A building/structure in which a principal use on a lot is
carried on.
The main or primary purpose for which any land, structure,
or building is designed, arranged, or intended, and for which they
may be occupied or maintained under the terms of this chapter.
An office wherein a professional service is provided or performed.
Also, an administrative, business, or clerical office. A professional
office is defined as a commercial service wherein the provider is
a licensed, accredited, or otherwise recognized expert in some field.
Professional services include all types of medical services, all financial
services, legal services, advertising and public relations, engineering,
architecture and land use planning, graphic design services (excluding
any manufacturing, publishing, or printing facilities), and services
of similar character.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action on zoning-related matters.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the Sunshine Act.
Shall be as defined in § 107, "Definitions," of
the Pennsylvania Municipalities Planning Code, Act 247, as amended.
A utility use or the extension thereof which is operated,
owned or maintained by a municipality or municipal authority or which
is privately owned and requires a "certificate of convenience" approved
by the Pennsylvania Public Utility Commission for the purpose of providing
public sewage disposal and/or treatment; public water supply, storage
and/or treatment; or for the purpose of providing the transmission
of energy or telephone.
A corporation registered and regulated by the Pennsylvania
Public Utility Commission.
Recreation area and use that involves playing fields or courts
including, but not limited to, baseball, soccer, tennis and lacrosse,
as well as playgrounds.
Recreation area and use without fields including, but not
limited to, trail-based hiking, mountain biking, horseback riding,
wildlife viewing and picnicking.
Structures typically found at a park or playground, including
but not limited to swimming pools, tennis courts, basketball courts,
trails, benches, pavilions and gazebos.
An establishment engaged in the sale or rental of goods or
merchandise, and in rendering services incidental to the sale of such
goods, involving the sale of such items as antiques, appliances, auto
parts, beverages, books, carpeting, clothing, convenience stores,
dry goods, flowers, fast food, food, furniture, gasoline, hardware,
household supplies, lumber, jewelry, machinery, newspapers, office
equipment, paint, periodicals, pharmaceuticals, sporting goods, stationary
and tobacco.
An establishment where horses are boarded and cared for and
where instruction in riding, jumping, and showing is offered and where
horses may be hired for riding.
Land reserved or dedicated for use as a street, alley, walkway,
or any other public or private purpose.
A riparian buffer is an area of trees and/or other vegetation adjacent to a watercourse or wetland that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. (Refer to Chapter 23, "Stormwater Management," for riparian buffer requirements).
Same as "boarding house," as defined above.
A system designed to collect, treat, and dispose of sewage
from users in compliance with state and local regulations.
|
SANITARY SEWER, COMMUNITY SYSTEM — A sewage disposal system
which collects, treats, and disposes of sewage from more than one
source by a system of pipes to a central treatment and disposal plant,
generally serving a neighborhood area.
|
|
SANITARY SEWER, MUNICIPAL OR PUBLIC SYSTEM — A sewage
disposal system which collects, treats, and disposes of sewage from
more than one source by a system of pipes to a central treatment and
disposal plant, which is owned and operated by or under the authority
of the Township or another public entity.
|
|
SANITARY SEWER, ON-LOT SYSTEM — A sewage disposal system
which collects, treats, and disposes of sewage or holds sewage from
only one dwelling, principal use, or lot.
|
A principal use comprised of a building or group of buildings
in which supervised education or instruction is offered according
to the following categories:
|
COMMERCIAL SCHOOL — A school that may offer a wide range
of educational or instructional activities (excluding vocational-mechanical
trade schools as defined below) that may, or may not, be operated
as a gainful business by some person or organization other than the
public school district. Examples include, but are not limited to.
Ballet, karate, painting, photography, computer training, and dance
school. Commercial schools are considered commercial uses for the
purposes of this chapter.
|
|
PRIVATE SCHOOL — A school that offers elementary, secondary,
post-secondary, post-graduate, or any combination thereof, academic
education that may, or may not, be operated as a gainful business.
|
|
PUBLIC SCHOOL — A school licensed by the Department of
Education for the purpose of providing elementary, secondary and adult
education, and operated by the School District.
|
|
VOCATIONAL-MECHANICAL TRADE SCHOOL — A school that may,
or may not, be operated as a gainful business that principally offers
training in any of the following occupations; truck driving, engine
repairs, building construction, general contracting, woodworking,
masonry, plumbing, electrical contracting, and other similar trades.
|
A landscaped area designed to provide a visual and aural
barrier either between abutting properties or between a property and
an abutting street. Screen planting areas shall be maintained by the
owner of the lot whereupon it is located such that it is of sufficient
height and density to perform its function.
See "mini-warehouse."
Any area designated by this chapter from which one or more transferable development rights may be severed and conveyed in accordance with the provisions of this chapter, including any lot or lots meeting the sending area qualifications set forth in Part 8 herein.
A business primarily engaged in providing assistance, as
opposed to products, to individuals, businesses, industry, government,
and other enterprises.
The required horizontal distance between a setback line and
property or street line.
|
SETBACK, FRONT — The distance between the street line
and the front setback line, projected the full width of the lot. Commonly
called the "required front yard."
|
|
SETBACK, REAR — The distance between the rear lot line
and the rear setback line projected the full width of the lot. Commonly
called the "required rear yard."
|
|
SETBACK, SIDE — The distance between the side lot line
and the side setback line projected from the front yard to the rear
yard. Commonly called the "required side yard."
|
A line within a property and parallel to a property or street
line which delineates the required minimum distance between some particular
use of property and that property or street line.
A shopping center shall consist of a selection of principally
retail and service uses and a grouping of buildings, service areas,
parking areas, vehicular and pedestrian circulation systems and open
areas planned and designed as an integrated unit, regardless of ownership,
and in such manner as to constitute a safe, efficient and convenient
retail center.
Any structure, building, wall, or other outdoor surface,
or any device or part thereof, which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device, or other representations
used for announcement, direction or advertisement. The word "sign"
includes the word "billboard," but does not include the flag, pennant,
or insignia of any nation, state, city, or other political unit, nor
public traffic or directional signs.
A structure, usually cylindrical, used for the making or
storage of silage as part of an agricultural use.
The degree of deviation of a surface from the horizontal
expressed as a percent.
Waste including solid, liquid, semi-solid, or contained gaseous
materials.
All land, structures, and other appurtenances or improvements
on a property where solid waste is processed, stored, or disposed.
A use permitted by this chapter in a particular district
provided the applicant satisfactorily completes a hearing before the
Zoning Hearing Board as set forth in this chapter, to occupy or use
land for a specific purpose in accordance with this chapter, when
such use is not permitted by right.
For the purposes of this chapter, steep slopes are defined as those areas of the Township having slopes of 15% or more. Development in steep slope areas are subject to development controls set forth in § 27-505 of this chapter.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or if there be
no floor above it, then the space between any floor and the ceiling
next above it. A cellar shall not be considered a story in determining
the permissible number of stories.
A private or public cartway intended and improved as a means
of vehicular and pedestrian travel.
|
ARTERIAL (MAJOR) STREET — A street serving a large volume
of comparatively high-speed and long distance traffic.
|
|
COLLECTOR STREET — A street which, in addition to providing
access to abutting properties, intercepts minor streets to provide
a route serving 50 or more dwelling units to give access to community
facilities, arterial streets, or other collector streets. Streets
within an industrial or commercial development shall be considered
collector streets.
|
|
CUL-DE-SAC STREET — A minor street; intersecting another
street at one end and terminating in a permanent vehicular turnaround
at the other end.
|
|
INTERNAL STREET — A minor street used for circulation
and access within development involving: multi-residential, commercial,
and/or industrial land uses.
|
|
MARGINAL ACCESS STREET — A minor street, parallel and
adjacent to an arterial or collector street (but separated from it
by a reserve strip), which provides access to abutting properties
and control of intersections.
|
|
MINOR STREET — A street used primarily to provide access
to residential properties.
|
|
PRIVATE STREET — A street that is not a public street.
|
|
PUBLIC STREET — A street dedicated to the Township and
accepted by the Board of Supervisors as evidenced by a duly adopted
ordinance pursuant to the Second Class Township Code, 53 P.S. § 65101
et seq.
|
|
SERVICE STREET (ALLEY) — A minor right-of-way providing
secondary vehicular access to the side or rear of two or more properties.
|
The lot width measured along the street right-of-way line
of a street abutting a lot. The term "frontage" shall be a contiguous
measurement and not a cumulative measurement.
Pedestrian-oriented accessories such as benches, bicycle
racks, planters, and waste receptacles.
The dividing line between a lot and the outside boundary
of a public street, road, or highway right-of-way legally open or
officially mapped by a municipality or higher governmental authority,
between a lot and the outside boundary of a street shown on a recorded
subdivision or land development plan, or between a lot and a private
street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
|
ACCESSORY STRUCTURE — A structure associated with an accessory
use (i.e., swimming pool, detached garage, utility sheds, etc.).
|
|
PRINCIPAL STRUCTURE — A structure associated with a principal
use on a property.
|
|
TEMPORARY STRUCTURE — A structure that is erected without
a foundation or footings and is removed when the designated time period,
activity, or use for which such structure was erected has ceased.
|
The extraction of minerals, rock, or other products of the
earth by activities conducted upon the surface of the land which require
the removal of the overburden, strata, or material overlying, above
or between, the minerals, rock, or other products of the earth, or
by otherwise exposing and retrieving the minerals from the surface.
Mining activities carried out beneath the surface by means of shafts,
tunnels, or other underground mine openings are not included in this
definition.
Recreational land use wherein the principal facility is a
swimming pool. Swim clubs may be operated as a public or private facility,
with or without membership requirements. Food service may be provided
as an accessory use.
A permanent or portable outdoor enclosure for water with
a depth of 18 inches or more below the level of the surrounding land;
also, an outdoor above-ground enclosure for water with a depth of
30 inches or more. This term includes whirlpools and jacuzzis.
A transferable development right.
Any lot or lots in districts designated by this chapter to
permit development beyond that permitted under the applicable base
zoning standards where transferable development rights (TDRs) are
acquired and assigned to the applicable development.
Douglass Township, Berks County, Pennsylvania.
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,
limited in size and oriented toward pedestrian activity. It has an
identifiable center and a discernible edge. The center of the neighborhood
is in the form of a public park, commons, plaza, square or prominent
intersection of two or more major streets. Generally, there is a hierarchy
of streets laid out in a rectilinear or grid pattern of interconnecting
streets and blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
A completely severable unit of development potential: (1) assigned by Part 8 of this chapter to lots meeting sending area qualifications set forth therein; (2) which can be severed and conveyed by a deed of transferable development rights; (3) which may, or may not, be used to increase the permitted amount of development on any designated TDR receiving site; and (4) which shall include the recordation of a deed of transferable development rights in the Office of the Recorder of Deeds of Berks County, Pennsylvania.
An area or building where cargo is stored and where trucks
load and unload cargo on a regular basis.
The specific purpose for which land, a sign, or a structure
or building is designed, arranged, intended, or for which it may be
occupied or maintained, or any activity, occupation, business, or
operation which may be carried on thereon or therein. The term "permitted
use" or its equivalent shall not be deemed to include any nonconforming
use.
A permit issued by the Zoning Officer certifying a use's
compliance with information reflected on the building permit in accordance
with this chapter.
A specific use of land which require the permission of Board of Supervisors in accordance with § 27-1009 of this chapter. Such uses vary according to the zoning district wherein the land is located.
A use of land which the owner of such land is entitled to
enjoy by right of ownership. Such uses vary according to the zoning
district wherein the land is located.
A specific use of land which requires the permission of the Zoning Hearing Board in accordance with § 27-1004 of this chapter. Such uses vary according to the zoning district wherein the land is located.
See "accessory use."
Relief granted by the Douglass Township Zoning Hearing Board
from the terms and conditions of this chapter, in accordance with
the provisions established within this chapter and the Pennsylvania
Municipalities Planning Code, as amended, 53 P.S. § 10101
et seq.
A man-made structure vertical typically made of brick, stone,
other masonry material, or wood placed or arranged to enclose, screen,
or separate areas.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term shall also include and apply to waste considered
as hazardous, contaminated, toxic, residual, municipal, or recyclable,
as defined by the Pennsylvania Department of Environmental Protection
and/or the U.S. Environmental Protection Agency.
A system designed to transmit water from the source to users,
in compliance with the requirements of all state agencies and the
Township.
|
WATER SUPPLY, MUNICIPAL OR PUBLIC SYSTEM — A system of
water collection, storage, transmission, and delivery which is proposed
to service a community, which is owned and operated by or under the
authority of the Township or another public entity.
|
|
WATER SUPPLY, ON-LOT WATER SYSTEM — A water supply system
which transmits water from a source on the lot to one dwelling, principal
use, or lot on the same lot.
|
Any natural or man-made stream, river, creek, brook, run,
ditch, channel, canal, conduit, culvert, swale, drain, waterway, gully,
ravine, wash or other conveyance of surface water having a defined
bed and banks, with perennial or intermittent flow. This definition
of watercourse shall exclude facilities constructed solely for stormwater
management.
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. Wetlands
generally include swamps, marshes, bogs, and similar areas. For the
purposes of delineation and regulation, the Township hereby adopts
the delineation criteria established by the Wetlands Delineation Manual
(publication TRY-87-1, most recent edition) of the U.S. Army Corps
of Engineers.
The clear cutting of mature trees, six inches or more in
caliper, to provide an adequate area for development.
An open space on the same lot with a structure (or a group
of structures) which lies between the structure (or a group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward except as herein permitted.
|
FRONT YARD — A yard extending the full width of the lot
between a structure and the front lot line. On lots abutting more
than one public street other than an alley, the front yard requirement
shall apply fronting each public street.
|
|
REAR YARD — A yard extending the full width of the lot
between a structure and a rear lot line.
|
|
SIDE YARD — A yard extending from the front yard to the
rear yard between a structure and the nearest side lot line.
|
Division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land;
height, area, bulk, and use of buildings; yard requirements; and density
of population. Zoning is effected by local ordinance under the police
power of the state granted by specific legislation generally termed
an "enabling act."
A board created by the governing body to hear matters as
provided for in this chapter.
Douglass Township Zoning Map.
The agent or official designated by the Governing Body to
administer and enforce this chapter.
The Douglass Township Zoning Ordinance of 2013; as adopted
by the Douglass Township Board of Supervisors on February 11, 2013,
as amended [this chapter].
Regulations which apply to specified overlay zoning district
in addition to the base zoning of the underlying district(s).
A permit issued by the Zoning Officer in accordance with
this chapter, acknowledging that a use or activity is permitted by
right, or has been duly granted as a conditional use by the Board
of Supervisors or as a special exception by the Zoning Hearing Board,
or has been duly granted all necessary variances by the Zoning Hearing
Board. Issuance of the Zoning Permit shall not be construed as a building
permit for projects which are under the purview of the Uniform Construction
Code, Act 45 of 1999, as amended.
