For purposes of this chapter, the following words and phrases
shall have the meaning given in this section:
ACCESSORY BUILDING
A subordinate building, incidental to, and located on the
same lot as, the principal building, and used for an accessory use.
ACCESSORY USE
A use incidental to, and subordinate to and located on the
same lot occupied by the principal use to which it relates.
AGRICULTURAL SERVICES
Businesses selling goods or services to a substantially agricultural
clientele, including: feed mills, seed sales, feed grinding services,
and agricultural implement dealers.
AGRICULTURE
Any agricultural use, including farming, cattle, pasturage,
agriculture, aquaculture, horticulture, floriculture, viticulture,
horse keeping, animal and poultry husbandry, and forestry (including
the harvesting of timber), but excluding specialized animal raising
and care or dog kennels as defined by this chapter. Agriculture also
includes the home sale of fruits, meats, vegetables and similar agricultural
produce.
AIR B&B
A residence or dwelling unit utilized as a short-term rental
through advertisement on the Air B&B marketplace or other home-sharing
websites that connects people who want to rent out residences or dwelling
units with people who are looking for accommodations in that particular
locale.
[Added 4-12-2021 by Ord.
No. 2021-03; amended 5-22-2023 by Ord. No. 2023-01]
APPLICANT
A landowner or developer, including his or her heirs, successors
and assigns, who has filed an application for development, including
a conditional use or zoning variance.
APPLICATION FOR DEVELOPMENT
Any 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 development
plan.
AREA
Area of a lot or site shall be calculated from dimensions
derived by horizontal projections of the site.
BASEMENT
A floor level completely below grade or floor level in which
more than 2/3 of the perimeter walls are below grade. A wall shall
be considered below grade where the dimension from the first floor
line to the finished grade is five feet or less, and the slope of
the finished grade extending 10 feet from the building walls does
not exceed 30%.
BED-AND-BREAKFAST
A principal single-family dwelling unit or other dwelling
unit on the same property as the principal single-family dwelling
unit that provides sleeping accommodations or rooms for the temporary
lodging of guests for compensation and includes breakfast and other
meals, services, and amenities for the exclusive use of guests. Guests
stay in the principal single-family dwelling unit which is also the
principal residence of the owner (proprietor) or in a separate dwelling
unit near the principal residence and on the same property.
[Amended 4-12-2021 by Ord. No. 2021-03]
BEDROOM
A room or space designed to be used for sleeping purposes,
ideally with two means of egress (one of which may be a window acceptable
under the building code), and in close proximity to a bathroom. Space
used for eating, cooking, bathrooms, toilet rooms, closets, halls,
storage, or utility rooms and similar uses are not considered bedrooms.
Space intended for general and informal everyday use, such as a living
room, den, family room, game room, or sitting room, is not to be considered
a bedroom.
[Added 4-12-2021 by Ord.
No. 2021-03]
BILLBOARD
A sign that identifies or communicates a commercial or noncommercial
message related to an activity conducted, a service rendered, or a
commodity sold at a location other than where the sign is located.
BUFFER
An open space, landscaped area, fence, wall, berm, or any
combination thereof used to physically separate or screen one use
of property from another so as to shield or block noise, light or
other nuisances. Buffers differ from screening by providing both distance
and height to achieve desired mitigation.
BUILDABLE AREA
The area of a lot remaining after the minimum yard and open
space requirements of this chapter have been met.
BUILDING
Used for a residence, business, industry, or other public
or private purpose, or accessory thereto, and including porches, decks,
swimming pools, greenhouses, stables, garages, roadside stands, mobile
homes, and similar structures, whether stationary or movable, but
excluding fences, walls, signs and awnings. Features which are structurally
essential and connected to the structure shall be considered as part
of the structure within the meaning of this chapter.
BUILDING LINE
Imaginary line parallel to, or concentric with the front
lot line.
BUILDING OR SETBACK LINE
Imaginary line parallel to, or concentric with, the nearest
road right-of-way line. No portion of a building foundation or wall
may extend nearer the lot line than the required front yard depth.
BUSINESS SERVICE
Any business activity that renders service to other commercial
or industrial enterprises.
CAR WASH
An area of land and/or a structure with machine- or hand-operated
facilities used principally for the cleaning, washing, polishing,
or waxing of motor vehicles.
CARTWAY
That portion of the street right-of-way surfaced for vehicular
use. Width is determined from face of curb to face of curb, or from
one edge of the driving surface to the other edge of the driving surface.
CEMETERY
Land used or intended to be used for sale of lots for the
burial of the dead and dedicated for cemetery purposes, including
columbarium, crematories, mausoleums, and mortuaries when operated
in conjunction with and within the boundaries of such cemetery.
CHURCH
A place of religious instruction or public worship.
COMMERCIAL RECREATION, INDOOR
A facility that offers various indoor recreational opportunities
for its patrons including such games as: pool, billiards, bowling,
video games, and similar pursuits.
COMMERCIAL RECREATION, INTENSIVE
A facility which offers various outdoor recreational or spectator
opportunities for its patrons including go-cart raceways, auto raceways,
motor sports participation or spectator opportunities, outdoor concert
performances, outdoor commercial shooting ranges, commercial hunting
operations and similar pursuits. This category does not include annual
or seasonal festivals held by nonprofit community organizations, or
lawful businesses, which may include occasional accessory or incidental
outdoor performances. This definition also does not include shooting
ranges owned or operated by any nonprofit conservation organization
or sportsman's organization, any noncommercial target shooting conducted
upon private or public land, or any traditional hunting activities
carried out in conformance with Pennsylvania Game Commission regulations.
COMMERCIAL RECREATION, OUTDOOR
A facility which offers outdoor recreational opportunities
for its patrons including such games as: golf driving ranges, miniature
golf, paintball, archery, tennis, team sports such as soccer or baseball,
camps and clinics for sport instruction and similar pursuits. This
category does not include recreation fields accessory to schools,
churches or community-based nonprofit organizations.
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole designed
and used to support communications Antennas for provision of telecommunications
or commercial broadcast services. For the purposes of this chapter,
"communications tower" does not include accessory towers used for
emergency services or government communications, or accessory towers
owned and used by licensed amateur short wave or citizen's band radio
operators.
COMPREHENSIVE PLAN
The adopted land use and growth management plan of the Township,
as defined, prepared, and adopted pursuant to the Pennsylvania Municipalities
Planning Code.
CONDITIONAL USE
A use to be allowed or denied by the Board of Supervisors
pursuant to public notice and hearing and recommendations by the Clinton
Township Planning Commission and pursuant to the express standards
and criteria set forth in this chapter. In allowing a conditional
use, the Board of Supervisors may attach such reasonable conditions
and safeguards. In addition to those expressed in this chapter, as
it may deem necessary to implement the purposes of the Planning Code
and of this chapter.
CONDOMINIUM
A building or group of buildings in which the floor area
is owned individually and other parts of structures, common areas,
or facilities are owned proportionally or by a separate entity, or
similar arrangements regulated by the Pennsylvania Condominium Act.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure including
the placement of mobile homes.
COUNTRY CLUBS AND LODGES
Buildings and related facilities owned and operated by an
association or group of individuals established for fraternal, social,
educational, conservation, recreational or civic benefit of members,
and not primarily for profit. Full access to facilities is typically
restricted to members and their guests. Facilities may include a clubhouse,
dining facilities, golf courses, swimming, tennis, noncommercial shooting
ranges, primitive camping, or cabins. For the purposes of this chapter,
this definition may include private commercial golf courses; but does
not include miniature golf, golf driving ranges, paintball, commercial
hunting, commercial motor sports, or other uses defined by this chapter
as various forms of commercial recreation.
COVERAGE
The proportion of the lot area covered by buildings and structures,
expressed as a percentage.
DAY-CARE SERVICES FOR CHILDREN (DAY CARE)
A.
Provides out-of-home care for part of a twenty-four-hour-day
to children under 16 years of age, excluding care provided by relatives
and excluding day care furnished in places of worship during religious
services. This chapter identifies three levels of day-care services
for children:
(1)
FAMILY DAY-CARE HOMESFacilities in which child day care is provided at any one time to four, five, or six children who are not relatives of the caregiver.
(2)
GROUP DAY-CARE HOMESFacilities in which care is provided for more than six but less than 12 children, at any one time, where the child-care areas are being used as a family residence. (Care of one child to 12 children where the child-care areas are not used as a family residence will be considered a "day-care center.")
(3)
DAY-CARE CENTERSFacilities in which care is provided for children, at any time, where the child-care areas are not used as a family residence.
B.
Child care for less than four children will not be considered
as "day-care services." Day care for adults shall be considered substantially
the same use, and shall be classified based upon the number of persons
for whom care is provided.
DECK
An elevated structure constructed for use as an outdoor living
area. (See also "patio.")
DEVELOPER
An individual, firm, association, syndicate, partnership,
corporation, trust or legal agent thereof, being a landowner, agent
of such landowner or a tenant with the written permission of such
landowner, who makes or causes to be made a subdivision of land or
a land development on the land he or it owns or on which he or it
has an equitable interest.
DEVELOPMENT
Any man-made change to improved or unimproved real estate.
DEVELOPMENT PLAN
The provision for development, including a Traditional Neighborhood
District, a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities. The phrase "provisions of the development
plan" when used in this chapter shall mean the written and graphic
material referred to in this definition.
[Amended 7-13-2020 by Ord. No. 2020-01]
DOG KENNEL
Any facilities identified and licensed as a kennel by the
laws or regulations of Pennsylvania. Dog kennels shall be considered
by this chapter as a form of specialized animal raising and care.
DWELLING
Building arranged, intended, designed or used as the living
quarters for one or more families living independently of each other
upon the premises. The term "dwelling" shall not be deemed to include
"hotel" or "motel."
B.
TWO-FAMILY DWELLINGA building containing two dwelling units, collectively defined under this chapter as a duplex, regardless of configuration.
C.
MULTIFAMILY DWELLINGA building containing three or more dwelling units, including apartment houses, townhouses, flats, and garden apartments.
DWELLING UNIT
A building or portion thereof containing one or more rooms
for living purposes together with separate and exclusive cooking and
sanitary facilities, accessible from the outdoors either directly
or through an entrance hall shared with other dwelling units, and
used or intended to be used by one family.
EASEMENT
A grant by a property owner to specific persons or to the
public of the right to use that property for a specific purpose, such
as utilities and drainage.
EATING PLACE
A business establishment whose principal business is the
selling of unpackaged food to the customer in a ready-to-consume state.
This definition may include retail bakeries and coffee shops.
ELECTRONIC NOTICE
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added 7-13-2020 by Ord.
No. 2020-01]
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduit
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
and other similar equipment and accessories in connection therewith;
reasonably necessary for the furnishing of adequate services by such
public utilities or municipal or other governmental agencies or for
the public health and safety or general welfare, but not including
buildings.
FAMILY
An individual, or two or more persons related by blood, marriage,
adoption or foster child care, including domestic servants or gratuitous
guests, thereof, or a group of not more than four unrelated persons
living together without supervision in a dwelling unit; or, any number
of persons protected by the provisions of the Fair Housing Act (42
U.S.C. § 3601 et seq., as now or hereafter amended) living
together in a group living arrangement with supervision, provided
those persons do not have a criminal record. Family shall not include
persons living together in a group home, assisted living facility,
or nursing home, as defined herein, or any other supervised group
living arrangement for persons other than those protected by the Fair
Housing Act or persons who constitute a direct threat to others or
their physical property.
FARM MACHINERY
All types of machinery and equipment which were originally
manufactured for farm use, which are retained on farm properties,
either as operable equipment or for the purpose of salvaging repair
parts.
[Added 12-13-2021 by Ord.
No. 2021-05]
FLAG LOT
See §
147-25A(2)(a) of the Clinton Township Subdivision and Land Development Ordinance No. 2012-02, as amended.
FLEA MARKET
A business which leases outdoor space to persons who wish
to vend a variety of new and used goods for sale to the general public
by displaying those goods on tables, in or on motor vehicles, or on
the ground.
FLOOR AREA
The sum of the gross area of the several floors of a building
or buildings measured from the face of the exterior walls, or from
the center line of the walls separating two buildings.
FRONTAGE
The width of a lot measured on the street line between side
lot lines.
GASOLINE SERVICE STATION
An area of land, together with any structure thereon used
for the retail sale of motor fuel and lubricants and incidental services,
such as lubrication and washing of motor vehicles, and the sale, installation
or minor repairs of tires, batteries or other automobile accessories.
GROSS FLOOR AREA (GFA)
The sum of the horizontal area of all floors of a principal
structure as measured between the interior faces of walls housing
a particular establishment, including but not limited to storage areas,
internal hallways, and rest rooms within the area occupied by said
establishment.
HALFWAY HOUSE
A transitional residential facility licensed and operated
by a government, contractor, or social service agency that provides
a supervised environment to residents who require psychiatric, correctional
or behavioral treatment between periods of institutional and independent
living.
HEIGHT OF BUILDING
The vertical distance measured from the highest level of
finished grade along all the exterior walls of the building to the
highest point of the roof and to the highest point on any structure
which rises wholly or partly above the roof.
HOME OCCUPATION
A personal service or professional office carried on entirely
within a dwelling, by the occupants thereof, which use is clearly
incidental and subordinate to the use of the dwelling for dwelling
purposes and does not change the residential character thereof. Examples
include, but are not limited to: professional services, such as legal,
financial, accounting or engineers, barber and beauty shops, studios
of artists, writers and associations. (See "professional office.")
HOME-BASED BUSINESS, NO IMPACT
A.
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:
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking signs or lights.
(5)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
(6)
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.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
B.
If the business meets all such requirements, it shall be considered
a lawful accessory use to a dwelling.
INDUSTRY, HEAVY
The manufacture, storage, processing, and treatment of materials
which are potentially hazardous, or processes which produce significant
amounts of smoke, noise, glare, or dust or odor as a primary or secondary
effect of the principal use of the land or buildings. Heavy industry
characteristically employs some of such equipment as smokestacks,
tanks, distillation or reaction columns, chemical processing equipment,
scrubbing towers, pickling equipment and waste-treatment lagoons.
Heavy industry, although conceivably operable without polluting the
environment, has the potential to pollute when equipment malfunctions
or human error occurs. Examples of heavy industry are oil refineries,
basic steel manufacturing plants (such as foundries, blast furnaces,
and stamping mills), industries handling animal offal or hides, basic
cellulose pulp-paper mills and similar fiberboard and plywood production,
production of cement and asphalt, lime manufacturing, ore and metal
smelting and refining, natural gas distillation and bulk storage,
and chemical plants such as petrochemical complexes. An incinerator
structure or facility which, including the incinerator, contains 5,000
square feet or more, whether public or private, is "heavy industry"
for purpose of this chapter, as is any electric power production plant
which is a principal use, whether said power is generated by coal,
natural gas, cogeneration or more than one wind turbine.
INDUSTRY, LIGHT
Manufacturing in which there are no significant impact from
noise, dust or odor, and impacts are limited to secondary effects
related to vehicular traffic, incidental noise, movement of materials.
Light industries include, but are not limited to, food processing;
wood products manufacturing (without chemical treatment); production
of machine tools and similar metalworking; manufacturing of plastic
products; laboratories, testing and research facilities; printing;
pharmaceuticals production; and similar facilities for assembling
and fabricating.
JUNK
Any discarded, unusable, scrap or abandoned man-made or man-processed
materials or articles stored outside of a completely enclosed building
and which covers over 200 square feet of land area. Examples of junk
include: scrap metal, used appliances, used motor vehicles and parts,
worn-out machinery and equipment, used containers, and scrap building
materials.
[Amended 12-13-2021 by Ord. No. 2021-05]
JUNK DEALER
Any person who buys, sells, salvages, stores, or in any way
deals in junk; or owns, leases, operates or maintains a junkyard/salvage
yard within the municipality.
[Added 12-13-2021 by Ord.
No. 2021-05]
JUNK VEHICLE
Includes any vehicle or trailer that does not display a current
state license and registration and that meets any of the following
conditions: 1) cannot be moved under its own power, in regards to
a vehicle designed to move under its own power, other than a vehicle
clearly needing only minor repairs; 2) cannot be towed, in regards
to a trailer designed to be towed; 3) has been demolished beyond repair;
or 4) has been separated from its axles, engine, body or chassis.
[Added 12-13-2021 by Ord.
No. 2021-05]
JUNKYARD
A lot, land or structure, or parts thereof, used for the
collection, storage, dismantling, salvage, or sale of used and discarded
materials, including, but not limited to, scrap metal, or the scrap,
salvage, or discarded material from vehicles or machinery. Any place
where junk, as herein defined, is stored or accumulated. The foregoing
shall not apply to duly licensed automobile dealers having operable
vehicles on their premises for resale. Such exception shall not apply
to inoperable vehicles being stored primarily for salvage purposes.
[Added 12-13-2021 by Ord.
No. 2021-05]
LIMITED RETAIL AND SERVICE BUSINESS
Small-scale retail enterprises intended to benefit neighborhood
residents or tourists. Limited retail businesses are distinguished
from other retail businesses by smaller size (less than 5,000 square
feet gross floor area), limited scale and hours of operation, and
confining all but incidental commercial activities indoors. Examples
may include coffee shops, retail bakeries and specialty foods, antiques,
or florists, but do not include such business as auto and equipment
sales, building material and supply yards, or commercial recreation
as defined by this chapter.
LOCAL STREETS
Streets classified as "local streets" by Chapter
147, Subdivision and Land Development, and/or adopted Township construction standards.
LOT
A designated parcel, tract or area of land established by
an approved and recorded plan, or otherwise permitted by law, having
owned access to a public street and enclosed by a boundary described
by precise bearing and distance that closes on itself and to be used,
developed or built upon as a unit; the term "lot" shall also mean
"parcel," "plot," "site" or similar term.
LOT AREA
The dimensions of a lot expressed in square feet or acres.
For the purposes of this chapter, minimum lot area shall not include:
All lands within the rights-of-way of planned or existing public streets
or highways, or flag lot access strips, but shall include: the area
of any easement.
LOT COVERAGE
The proportion of the lot area covered by buildings and structures,
expressed as a percentage.
LOT LINE
Any line dividing a lot from another lot or from an abutting
street or other right-of-way.
LOT LINE, FRONT
The lot line, all or a portion of which adjoins a street
right-of-way line, extending the entire width of the lot. In the case
of an existing lot which does not adjoin a street or a flag lot, the
front lot line shall be the line through which vehicular access is
provided via private right-of-way or from the terminus of the flag
lot access strip, regardless of which way the dwelling faces.
LOT LINE, REAR
That lot line which is generally opposite the front lot line.
LOT LINE, SIDE
Any lot line which is not a front lot line or rear lot line.
In the case of a corner lot, each lot line other than front lot lines
shall be considered a side lot line.
LOT TYPES
The following diagram illustrates terminology used in these
regulations with reference to corner lots, interior lots, cul-de-sac
lots and through lots:
A.
CORNER LOTA lot at the point of intersection of and abutting on two or more intersecting streets.
B.
CUL-DE-SAC LOTA lot that fronts on the circular turning portion of a cul-de-sac street. For the purposes of this chapter, the minimum frontage of a cul-de-sac lot shall be measured at the setback line.
C.
INTERIOR LOTA lot other than a corner lot with only one frontage on a street other than an alley.
D.
THROUGH LOTA lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as "double frontage lots." See diagram.
E.
FLAG LOTThe "flag" shall include that portion of the lot that is the location of the principal and accessory buildings. The "pole" shall be considered that portion of the site that is used for vehicular access between the site and the adjoining road.
LOT WIDTH
The width of the lot measured by the length of the building
line, as determined by the required depth of the front yard, or the
length of a parallel line at a location no greater than 150% of required
front yard depth, whichever is greater.
MAILED NOTICE
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added 7-13-2020 by Ord.
No. 2020-01]
MINI STORAGE FACILITIES
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household
goods or contractors" supplies.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one 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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
MOTEL or HOTEL
A building or group of detached or connected buildings designed
or used primarily for providing sleeping accommodations for automobile
travelers and having a parking space adjacent to a sleeping room.
The definition includes hotels, motor lodges and similar uses.
MOTOR VEHICLE
All types of automobiles, trucks and tractors, including
self-propelled machinery of all kinds, with the exception of farm
machinery.
[Added 12-13-2021 by Ord.
No. 2021-05]
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter or an amendment hereafter enacted, where such structure lawfully
existed prior to the enactment of this chapter or amendment or prior
to the application of this chapter or amendment to its location by
reason of annexation. Such nonconforming structures include, but are
not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or structure, which does not comply
with the applicable use provisions of this chapter or amendment hereafter
enacted, where such use was lawfully in existence prior to the enactment
of this chapter or amendment or prior to the application of this chapter
or amendment to its location by reason of annexation.
NURSING HOME
A facility to give long-term skilled care to geriatric or
handicapped patients and licensed as such a facility by the Commonwealth
of Pennsylvania.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article
IV of the Pennsylvania Municipalities Planning Code.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having an area of space as required by this chapter, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto and having direct access to the street or alley.
PATIO
An outdoor space for dining or recreation that adjoins a
residence and is often paved. This outdoor space can be an inner courtyard
or space under a deck or porch.
PERSON
Any natural person, partnership, firm, company, corporation
or other legal entity.
[Added 12-13-2021 by Ord.
No. 2021-05]
PERSONAL CARE HOME
A facility giving geriatric care in a home-like setting and
licensed as such by the Commonwealth of Pennsylvania.
PERSONAL SERVICES
Any enterprise that primarily offer services involving maintenance,
or improvement of persons and their possessions on site, such as:
shoe repair, valet services, computer repairing, barbershops, beauty
parlors and related activities.
PERSON IN CHARGE
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
short-term rental. A person in charge must reside or have an office
within approximately 10 miles of the short-term rental property and
be able to act as legal agent for the owner. The Township must be
notified in writing within 14 calendar days if there is any change
in the identity of the person in charge.
[Added 4-12-2021 by Ord.
No. 2021-03]
PLACE OF ASSEMBLY
This definition includes public and community uses such as
libraries, historical, scientific, and patriotic museums and memorials,
and buildings used by local public safety agencies for the storage
of equipment or social purposes. However, this definition does not
include any club or lodge, correctional facility, halfway house, or
publicly owned group quarters residential facility.
PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as re-enacted and amended by Act No. 170 of 1988 and Acts 67
and 68 of 2,000, and as further amended from time to time.
PREMISES
Any parcel of land situated in the Township of Clinton, having
a separate Tax Map parcel number for county assessment purposes.
[Added 12-13-2021 by Ord.
No. 2021-05]
PRINCIPAL BUILDING OR USE
A use or building or structure housing a dwelling unit, dwelling
units, or use that comprises the key or essential functions necessary
or central to the form of business conducted by an establishment or
customarily associated with a dwelling unit on a particular premises.
Each dwelling unit or establishment shall be considered a principal
use. Therefore, a principal building may house multiple dwelling units
or establishments and therefore multiple principal uses.
PROFESSIONAL OFFICE
The office or studio of a physician, surgeon, dentist, lawyer,
architect, artist, engineer, certified public accountant, real estate
broker or salesman, insurance broker or agent, musician, teacher,
or similar occupation.
PUBLIC
Land, buildings, structures or facilities owned, leased,
or operated by a government entity.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the provisions of the Pennsylvania
Municipalities Planning Code (MPC).
PUBLIC NOTICE
A 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 PARKS AND PLAYGROUNDS
Parks and playgrounds that are owned and operated by the
Township of Clinton or by an authority created for such purposes by
the Township of Clinton, or any government agency.
RECREATIONAL CAMPGROUND
Land development upon an area or tract of land on which accommodations
for temporary occupancy are located or may be placed, including cabins,
tents, recreational vehicles, and accessory buildings and structures
for the use of campers.
RENTAL PROPERTY
A dwelling unit or residence occupied by a person or people
under a formal rental agreement with the owner.
[Added 4-12-2021 by Ord.
No. 2021-03]
RESIDENCE
A structure or establishment which was originally used or
is currently being used by a person or people as their main dwelling
place or home. It is also defined as a room or group of rooms within
which a person or people reside or can reside. A residence can be
offered to travelers as temporary lodging where they can rent a room
or rooms and as such be operated as an AirBnb, bed-and-breakfast,
or short-term rental.
[Added 4-12-2021 by Ord.
No. 2021-03]
RIGHT-OF-WAY
A portion of land dedicated or acquired by a public body
for the purposes of improving or maintaining public travel, or access.
ROADSIDE STAND
An accessory to an agricultural business through which products
primarily from that agriculture business are sold to the general public
from a temporary or portable structure, or a permanent structure not
exceeding 1,000 square feet.
SALVAGE or JUNK
Any discarded material or article, and shall include, but
not be limited to, scrap metal, scrapped or abandoned motor vehicles,
machinery, equipment, paper, glass, containers and structures. It
shall not include, however, refuse or garbage kept in a proper container
for the purpose of prompt disposal. For the purpose of this chapter,
"a proper container" shall mean a solid plastic or metal container,
with a sealable lid, specifically designed for the storage of waste
matter.
SALVAGE YARD
Same as "junkyard." See definition of "junkyard" above.
[Amended 12-13-2021 by Ord. No. 2021-05]
SCREEN PLANTING
An evergreen hedge at least six feet high at time of planting,
planted in such a way that it will block a line of sight throughout
the year. The screening may consist of either one or multiple rows
of bushes or trees and shall be at least four feet wide. It shall
be the responsibility of the property owner to maintain a screen planting,
replacing trees as needed. The Zoning Officer may require replacement
of screening trees.
SCREENING
A fence, screen planting, or wall provided in such a way
that it will block a line of sight.
SERVICE AND REPAIR BUSINESS
A form of equipment service or repair, may include woodworking
enterprises, repair services such as welding, vehicle or machinery
repair, and incidental fabrication or retail sales of items.
SERVICE STATION
Buildings and premises where the primary use is the supply
and dispensing at retail of motor fuels, lubricants, batteries, tires
and motor vehicles.
SETBACK LINE
Line parallel to, or concentric with the lot line from which
it is applied, including the building line.
SEXUALLY ORIENTED BUSINESS
Any one of the following areas of sales, service or entertainment:
A.
(1)
Which has a substantial or significant portion of its stock-in-trade
consisting of either:
(a)
Books, magazines or other periodicals, films or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction, description or display of sexual activities
or conduct or uncovered male or female genital areas; or
(b)
Instruments, devices or paraphernalia which are designed primarily
for use in connection with sexual activities or conduct; or
(2)
To which the public is permitted or invited wherein coin or
slug operated electronically or mechanically controlled still or motion
picture machines, projectors or other image producing devices are
maintained to show, distinguish or characterized by an emphasis on
depiction, description or display of sexual activities or conduct
or uncovered male or female genital areas.
B.
ADULT THEATREAny theatre, auditorium, concert hall or other place of assembly.
(1)
Presenting any form of audio or visual material, and in which
a substantial portion of the total presentation time measured over
any consecutive twelve-month period is or will be characterized by
emphasis on depiction, description or display of sexual activities
or uncovered male or female genital areas; or
(2)
Featuring live performances on a regular basis which are distinguished
or characterized by emphasis on depiction, description or display
of sexual activities or by exposure of uncovered male or female genital
areas for observation by patrons.
C.
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercise, heat and light treatments of the body, and all forms of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
SHOPPING CENTER
A commercial facility developed as a mixture of uses, including
retail sales, theaters, personal services and eating and drinking
places, but planned, constructed, managed or promoted as an integral
whole.
SHORT-TERM RENTAL
Any dwelling unit utilized as a single-family residence rented
for the purpose of overnight lodging for a period of 29 days or less,
and which is registered with the County of Butler and/or the Commonwealth
of Pennsylvania for the purpose of paying all applicable hotel and
sales taxes associated with providing overnight lodging for pay. A
short-term rental is also known as a bed-and-breakfast or AirBnb.
[Added 4-12-2021 by Ord.
No. 2021-03]
SHORT-TERM RENTAL PERMIT
Permission granted by the Township to utilize a residence
or dwelling unit for short-term rental use. An application must be
filled out.
[Added 4-12-2021 by Ord.
No. 2021-03]
SIGN
A.
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, advertisement or identification.
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, nor religious
or devotional displays. (See also "billboard.")
B.
The "area of a sign" shall be construed to include all lettering,
wording, and accompanying designs and symbols, together with the background,
which is incidental to the display itself. Where the sign consists
of individual letters or symbols attached to or painted on a surface,
the area shall be considered the smallest rectangle, which can be
drawn to encompass all of the letters and symbols.
SIGN, BUSINESS
A sign that directs attention to a business, profession or
industry conducted on the premises or to products sold, manufactured
or assembled upon the same premises upon which it is displayed.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual
or hazardous waste, including solid, liquid, semisolid or containing
gaseous material.
[Added 12-13-2021 by Ord.
No. 2021-05]
SPECIALIZED ANIMAL RAISING AND CARE
A.
For the purposes of this chapter, specialized animal raising
and care shall include:
(1)
Feed lots or similar institutions where cattle, sheep, goats,
or swine are maintained in close quarters for the purpose of fattening
such livestock for final shipment to market, when the density exceeds
one animal unit per acre.
(2)
Pens or structures for the raising and care of fur-bearing animals,
game birds, or similar operations for profit, when the density exceeds
one animal unit per acre.
(3)
Licensed kennels or kennels with five or more canines per acre
of greater than six months of age.
B.
For the purposes of this section, "animal unit" shall be defined
as one bovine or equine animal, two swine, four sheep or goats, or
50 birds or small mammals.
STORY
That portion of a building located between the surface of
any floor and the next floor above; if there is not more than one
floor the space between any floor and the ceiling next above it shall
be considered a story.
STREET
A public or private right-of-way, excluding driveways, intended
for use as a means of vehicular and pedestrian circulation, which
provides a means of access to abutting property. The word "street"
includes thoroughfare, avenue, boulevard, court, drive, expressway,
highway, lane, alley and road or similar terms.
STREET LINE
A line defining the right-of-way boundaries of a street.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUPPLY YARD
A business that stores or maintains stocks of building materials
such as block, brick, stone, plastic pipe, culverts, concrete or wood
in an outdoor setting for sale to contractors or the general public.
TRAILER
Any wheeled vehicle, not self-propelled, drawn by a motor
vehicle.
[Added 12-13-2021 by Ord.
No. 2021-05]
TRANSFERABLE DEVELOPMENT RIGHT (TDR)
The ability of landowners in specific zoning districts (sending
areas) where the Township seeks less development, to detach development
rights from the property to be sold for use on a different property
in specific zoning districts (receiving areas).
[Added 8-26-2019 by Ord.
No. 2019-04]
TRAVEL TRAILER
A self-propelled or towed vehicle with sleeping and or cooking
quarters, licensed, or intended to be licensed for travel on the highways
of the Commonwealth or Pennsylvania.
TRUCK TERMINAL
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal.
USE
The specific purposes for which land or a building is designed,
arranged, intended, or for which it is occupied or may be occupied
or maintained.
VARIANCE
A form of relief granted by the Township Zoning Hearing Board pursuant to Articles
VI and IX of the Pennsylvania Municipalities Planning Code and this chapter.
VETERINARY CLINIC
A facility used for the treatment of domestic animals for
pay with health treatment provided by a licensed veterinarian.
WAREHOUSING and DISTRIBUTION
A use engaged in storage, wholesale and distribution of manufactured
product, supplies and equipment, but excluding bulk storage of materials
that are inflammable or explosive or that create hazardous or commonly
recognized offensive conditions. For the purpose of this chapter,
storage of explosive, inflammable, hazardous or community-recognized
offensive conditions shall be considered heavy industry.
YARD
That portion of a lot that is unoccupied and open to the
sky and extends from the lot line or right-of-way to the setback line.
YARD, FRONT
A yard between the front lot line and the building line and
extending for the full width of the lot.
YARD, REAR
A yard between the rear lot line and a line drawn parallel
thereto at such distance as may be specified herein for any zoning
district, and extending for the full width of the lot.
YARD, SIDE
An open yard space between the side lot line and parallel
thereto extending from the front lot line to the rear lot line.
ZONING OFFICER
The Zoning Officer of the Township of Clinton, Assistant
Zoning Officer, or his/her authorized representative.