Township of South Whitehall, PA Zoning Ordinance

(a)

Word usage. Words not defined in § 350-05 of this chapter shall take on the meaning as defined in the latest edition of the Merriam-Webster Collegiate Dictionary.

(b)

Language interpretation. In this chapter, when not inconsistent with the context:

(1)

Words in the present tense also imply the future tense.

(2)

The singular includes the plural.

(3)

The male gender includes the female gender.

(4)

The word "person" includes an individual, members of a partnership or the officers of a corporation, as well as any similar entity.

(5)

The term "shall" is always mandatory.

(6)

References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials of the Township or Commonwealth of Pennsylvania are to those documents or entities in effect or in office from time to time, including amendments or revisions thereto, unless the text indicates another reference is intended.

(c)

List of abbreviations:

AADU	Attached accessory dwelling unit
ADU	Accessory dwelling unit
AAND-O	Active Adult Neighborhood Development Overlay District
ANSI	American National Standards Institute
CR	Commercial Recreation Zoning District
CU	Conditional use
DACU	Detached accessory dwelling unit
FAA	Federal Aviation Administration
FCC	Federal Communications Commission
FT	Feet
GC	General Commercial Zoning District
GC-1	General Commercial-1 Zoning District (Special Height Limitation)
HC	Highway Commercial Zoning District
HC-1	Highway Commercial-1 Zoning District (Special Height Limitation)
HVAC	Heating, ventilation, and air conditioning
I	Industrial Zoning District
IC-1	Industrial Commercial-1 Zoning District (Special Height Limitation)
IESNA	Illuminating Engineering Society of North America
LVPC	Lehigh Valley Planning Commission
MSE	Main Street Environment
MPC	Pennsylvania Municipalities Planning Code
NC	Neighborhood Commercial Zoning District
OC	Office-Commercial Zoning District
PennDOT	Pennsylvania Department of Transportation
PCS	Personal communications services
PPL	Pennsylvania Power and Light
PRD	Planned residential development
PUC	Pennsylvania Public Utilities Commission
RR-3	Rural Residential-3 Zoning District
RR-2	Rural Residential-2 Zoning District
RR	Rural Residential and Agricultural District
R-2	Low Density Residential District
R-3	Low Density Residential District
R-4	Medium Density Residential District
R-5	Medium Density Residential District
R-10	High Density Residential District
SE	Special exception
SF	Square feet
TND	Traditional neighborhood development

(d)

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABUT

Any parcel, feature or improvement which is contiguous at any point to another parcel, feature or improvement.

ACCESS LANE

A vehicular passageway in a parking area that provides access to parking spaces within a parking area, connects multiple parking areas, or connects a parking area to a driveway.

ACCESSORY BUILDING OR STRUCTURE

The building or structure subordinate to and detached from the principal building on the same lot and used for purposes customarily incidental to the principal use or building.

ACCESSORY DWELLING UNIT

See "attached accessory dwelling unit" and "detached accessory dwelling unit."

ACCESSORY or ACCESSORY USE

Those activities and land uses incidental to a primary use that function as secondary or subordinate to a primary or principle use. Accessory activities or uses are considered sufficiently significant or different from the primary or principal use so as to warrant regulatory criteria separate from the primary or principal use. Accessory uses are permitted by right provided said use is shown as an accessory use in the Zoning District Schedule for the district in which the use is located and the use is in conformance with all other provisions of this chapter.

[Amended 3-20-2019 by Ord. No. 1044]

ACTIVE ADULT NEIGHBORHOOD DEVELOPMENT

An age-restricted residential development which includes recreational facilities and may include a nonresidential commercial component in accordance with the terms of this chapter.

ADDITION TO BUILDING

An increase to the exterior dimensions of a building.

ADJACENT

Any parcel, feature or improvement which is on the opposite side of a section of a street (public or private) on which the subject parcel, feature or improvement has frontage.

ALLEY

A thoroughfare having right-of-way width of 20 feet or less, regardless of how named, providing rear and/or side access to lots. Alleys shall not be considered fronting streets.

ALTERATION

Any change to a use, building or structure which would modify its use, location and/or size.

ALTERNATIVE ENERGY PRODUCTION FACILITIES

Includes small wind energy systems, solar energy systems, wind energy facilities, and solar energy facilities.

ALTERNATIVE TOWER STRUCTURE

See § 350-48(c)(5).

ANCHOR STORE

A building used for commercial or retail use and intended to be the most important magnet store in a shopping center or other group of commercial buildings. For purposes of this chapter, the anchor store shall be considered any store with 75,000 square feet of gross floor area or greater.

ANCILLARY or ANCILLARY USE

Those activities and land uses incidental to a primary use that function as secondary or subordinate to a primary or principal use and are identified as such in plans, maps, and zoning ordinances. Ancillary activities or uses are not considered sufficiently significant or different from the primary or principal use and use the regulatory criteria of the primary or principal use.

ANIMAL

All non-human vertebrate and invertebrate species, whether wild or domestic, commonly considered to be part of the animal kingdom.

APARTMENT UNIT

One dwelling unit in an apartment building or mixed-use building.

APPLICANT

A landowner or developer, as herein defined, who has filed an application for development, including his heirs, successors and assigns.

ARCADE

An area or building that contains a combination of electronic video games, pinball machines, kiddie rides, vending machines and other like commercial amusement attractions.

AUTOMOTIVE JUNKYARD

A place where two or more motor driven vehicles which do not bear either a current state inspection sticker and license plate, or a valid antique registration plate, and their related parts are stored or disassembled.

BACKHAUL NETWORK

See § 350-48(c)(5).

BASE DISTRICT

The underlying zoning district over which an overlay district is applied.

BASEMENT

A portion of a building that is partly or completely below the average outside finished grade.

BETTING ACTIVITIES

Any betting or gambling activities, or activities incident to or associated with betting or gambling, including pan-mutual wagering activities, but excluding "games of chance" under the Local Option Small Games of Chance Act, 10 P.S. § 311 et seq., bingo games permitted under the Bingo Law, 10 P.S. § 301 et seq., and the purchase, sale, redemption, and advertisement of tickets and other game pieces of the Pennsylvania Lottery.

BILLBOARD

See § 350-48(s)(10).

BILLBOARD, ELECTRONIC GRAPHIC DISPLAY

See § 350-48(s)(10).

BLINKING

A form of flashing where the pattern of sudden illumination changes occurs with more than two on-off cycles per second.

BLOCK

An area of land bound by two or more interconnected streets.

BOARD

The Zoning Hearing Board of South Whitehall Township.

BOARD OF COMMISSIONERS

The Board of Commissioners of South Whitehall Township.

BOOKEND BUILDINGS

The location of buildings on both sides of a street along the build-to lines, whereby the "outdoor room" character of the streetscape is formed.

BUFFER STRIP

An area within a site, generally located adjacent and parallel to lot lines or off-street parking areas, which consists of either existing and preserved or proposed landscaping, and intended to be used as a means of limiting potentially adverse effects on adjoining lots.

BUILD-TO LINE

A line, as prescribed herein, that designates the required placement of a building on a lot, as measured from the ultimate street right-of-way line(s) on which the building fronts.

BUILDING

Any structure having a roof, supported by columns, piers, or walls, including tents, lunch wagons, trailers, dining cars, camp cars, or other structures on wheels, or having other supports and unroofed platforms, terraces, or porches having vertical faces higher than three feet above the level of the ground from which the building is measured.

BUILDING AREA

The aggregate area of the floor area of all enclosed and roofed spaces of the buildings, measured from the exterior face of exterior walls or from the center line of a wall separating two buildings measured on a horizontal plane at ground level.

BUILDING FOOTPRINT

The total horizontal area encompassed by a building's outer walls as measured at ground level.

CARPORT

An unenclosed structure, open on at least two sides, with a permanent floor and roof supported by columns or posts, and used primarily for the storage of personal vehicles. Carports not open on at least two sides shall be considered a garage. Tents serving as carports shall not be permitted.

CARTWAY

That portion of the street designated for vehicular traffic.

CENTERLINE, STREET

A line midway between the two right-of-way lines and that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street centerline shall correspond to the center of the cartway.

A street, private street or driveway and/or access lane for counterclockwise vehicular travel, within which a green is centered, and around which buildings are located on three sides, and on-street parking is located either parallel to the curb or in an angled parking arrangement.[1]

COMMERCIAL CENTER

See § 350-48(c)(5).

COMMERCIAL USE

Any permitted bank, office, restaurant, retail sales, or personal service business proposed as part of a mixed-use building, cluster development or traditional neighborhood development.[2]

COMPREHENSIVE PLAN

The official plan, prepared under the direction of the Township Planning Commission, containing recommendations for the continuing development of the Township and including as a minimum, a statement of objectives, plans for land use, circulation, community facilities and a statement of the relationship of proposed development of adjacent areas.

CONDITIONAL USE

A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Commissioners in accordance with §§ 350-18 and 350-41(e).

CONDOMINIUM

A set of individual dwelling units or other areas of buildings that are owned by individual person(s) in fee simple ownership arrangement, where owners are assigned a proportionate share of any designated common areas, and is created under the Pennsylvania Uniform Condominium Act of 1980, as amended.

COORDINATED DEVELOPMENT

Two or more uses permitted in the appropriate Zoning District Schedules that are developed in accordance with a unified site plan and architectural scheme, and are either in a single ownership or are legally bound to conform to the aforementioned required unified site plan and architectural scheme.

CORNER LOT

A lot fronting on two intersecting streets.

DAY SERVICES CENTER, ADULT

A community based day-care center that is licensed by the Commonwealth of Pennsylvania to meet the physical, social and emotional needs of adults in need of supervised care, excluding any facility that provides overnight care of stays of any kind.

DBH (DIAMETER AT BREAST HEIGHT)

The diameter of a tree trunk, measured at four feet from the ground surface at the point of the highest elevation in contact with the base of the trunk of such tree.

DECK

A constructed flat surface capable of supporting weight, similar to a floor, that is unroofed and open on all sides, except for any side which may adjoin a structure or may be lined by a fence, shrubs or hedges. For purposes of administrating this chapter, a balcony is not an open deck.

DENSITY

A measure of the number of dwelling units per acre of gross tract area of the residential area of a development.

DENSITY CREDITS

A design feature or requirement specified within this chapter that, when constructed, permits an applicant to build at a higher base density than would otherwise be permitted.

DENSITY, BASE

The maximum density permitted in a zoning district before the application of any density credits.

DESIGN STANDARDS

Written and graphic regulations for intended design elements found in Appendix C[3] and applicable to proposed developments in the TND Overlay Districts, in accordance with Section 708-A of the Pennsylvania Municipalities Planning Code.

DEVELOPER

Any landowner, agent of such landowner or tenant having permission from the landowner, who makes or causes to be made a land development.

DISH ANTENNA HEIGHT

The distance measured vertically from the bottom of the base which supports the dish antenna to its highest point when positioned for operation.

DISSOLVE

A transition between static message displays that is achieved with varying light intensity and where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message.

DRIVE-THROUGH

An ancillary use that permits customers to receive products or services while remaining in their vehicle.

DRIVEWAY

A vehicular passageway from a public street, alley, or private street that leads to a parking area or parking space.

DUAL-FRONTAGE LOTS

Lots which front on one public street and back on another with vehicular access solely from one street. If a dual-frontage lot abuts more than two streets, nonparallel street frontages are not to be considered as part of the front or back for purposes of regulations applicable only to dual-frontage lots; for all other regulations, the yard exposure to the additional, nonparallel streets shall be regulated as a front yard hereunder.

DWELLING

A building occupied for residential purposes, but not including a boarding house, community shelter, hotel, motel, hospital, or nursing home.

DWELLING UNIT

A single residential unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, categorized into the following types:

[Amended 3-20-2019 by Ord. No. 1044]

	ATTACHED DWELLING UNITS:
	MULTIUNIT DWELLING UNITS:
	DWELLING, APARTMENT AS PART OF A MIXED-USE BUILDING: As defined in § 350-48(d).
	DWELLING, APARTMENT BUILDING: As defined in § 350-48(d).
	DWELLING, TOWNHOUSE: As defined in § 350-48(d).
	DWELLING, THREE-FLAT: As defined in § 350-48(d).
	TWO-UNIT DWELLING:
	DWELLING, TWIN: As defined in § 350-48(d).
	DWELLING, TWO-FLAT: As defined in § 350-48(d).
	DETACHED DWELLING UNITS:
	DWELLING, SINGLE DETACHED: As defined in § 350-48(d).
	DWELLING, SINGLE DETACHED, LOT AVERAGING DEVELOPMENT OPTION: As defined in § 350-48(d).

EASEMENT

A right to land generally established in a real estate deed to permit the use of land by the public, a corporation, or particular persons for specific uses.

EDUCATIONAL INSTITUTION

An educational program that offers a program of academic, trade, business, technical or artistic instruction. This definition shall include commercial and trade schools, colleges/universities, massage schools, and elementary and secondary schools.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania duly appointed as an engineer for South Whitehall Township.

FAA

Federal Aviation Administration.

FACADE

The total wall surface, including door and window areas, of a building's exterior face.

FADE

A transition between static message displays that is achieved with varying light intensity and where the first message gradually loses light intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

FCC

Federal Communications Commission.

FENCE

An artificially constructed barrier of wood, masonry, stone, wire, metal or other manufactured material or combination of material erected for the enclosure of areas.

FLASHING

Giving off light suddenly, at intervals of 10 seconds or less, or in transient bursts, or where the frequency and manner of light changes are unrelated to the regular operation of the sign as otherwise authorized in this chapter or the regular activation or deactivation of authorized external or internal illumination.

FLICKER

A repeating cycle of changing light intensity.

FLOODPLAIN

An area of land which is inundated periodically by the overflowing of a stream or river beyond its natural banks as determined by the Federal Emergency Management Agency's most recent Flood Insurance Rate Map.

FLOOR AREA (GROSS)

The sum of the gross horizontal areas of the floors of a building, measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading spaces for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

FOREST

A tree mass or plant community covering an area of 1/4 acre or more, in which tree species are dominant or co-dominant and the branches of the trees form a complete or nearly complete aerial canopy. The extent of any forest community or any part thereof shall be measured from the outermost dripline of all the trees in the community. Forests do not include orchards, tree farms or old fields.

FOREST CANOPY

The aerial cover formed within any woodland area by the crowns of trees greater than 50 feet in height.

FOREST CANOPY TREE

The individual trees which collectively form the forest canopy.

FRONT LOT LINE

The lot line separating a lot from a street right-of-way.

FRONTAGE

The length of the lot line or portion thereof, which is co-existent with a street right-of-way line from the street. In the case of a street of undefined width, said lot line shall be assumed to parallel the centerline of the street at a distance 25 feet therefrom.

FUEL

Any substance that is burned, consumed or otherwise used for the production of heat or power, including petroleum products and natural gas.

GARAGE

A deck, structure, building, or portion thereof for the storage or parking of one or more vehicles.

GEOEXCHANGE ENERGY SYSTEM, OPEN LOOP

A geoexchange energy system which extracts surface or ground water into a heat pump, and discharges water back into the ground through a different well.

GOVERNMENTAL

Municipal, county, state or federal.

GREEN

A pedestrian gathering area characterized predominantly by an open landscaped area or lawn.

GROUP HOME

A home for handicapped persons, as defined by the Fair Housing Act and the Fair Housing Amendments Act of 1988, as amended, who live and cook together in a single detached dwelling unit licensed by the Commonwealth of Pennsylvania Department of Public Welfare, and subject to the same limitations and regulations as a single detached dwelling unit.

HARDSCAPED

A hard surface such as asphalt, portland cement concrete, or hard surface treatments approved by the Township Engineer.

HEIGHT

The vertical dimension measured from the average elevation of the single highest point and single lowest point of the finished grade at the perimeter of the building or structure to the highest point of the building or structure.

HEIGHT OF COMMERCIAL AMUSEMENT

Vertical dimension measure from the highest point of the amusement (in terms of highest elevation) to the ground directly beneath such point.

HEIGHT OF TOWER

See § 350-48(c)(5).

HISTORIC RESOURCE

See § 350-48(h)(3).

HISTORIC RESOURCE OWNER'S CONSENT STATEMENT

See § 350-48(h)(3).

HISTORIC RESOURCE PRESERVATION EASEMENT

See § 350-48(h)(3).

HISTORIC STRUCTURE

See § 350-48(h)(3).

HUB HEIGHT

The distance measured from the surface of the tower foundation to the height of the wind turbine hub to which the blade is attached.

IMPERVIOUS SURFACE (IMPERVIOUS COVER)

A surface which prevents the percolation of water into the ground.

INDEPENDENT LIVING UNITS

A dwelling unit for residents of a retirement facility designed for not more than two adult individuals that do not require medical care or assistance to perform daily activities. Such unit may take the form of a single detached dwelling unit, two-dwelling unit, or multi-dwelling unit and shall contain its own separate sleeping, bath, and cooking facilities for the occupants of that individual unit.

INDUSTRIALIZED HOUSING UNIT

A structure designed primarily for residential occupancy, and classified in group Use R in accordance with the standards adopted in Pennsylvania's Industrialized Housing act of 2004 (35 P.S. § 145.41, relating to adoption of standards) and which is wholly or in substantial part made, constructed, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the Building site so that the concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction. The term does not include a structure or building classified as an institutional building or manufactured home, as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 through 5426).

INFILL

The development or redevelopment of a vacant lot or tract that is typically located on scattered vacant lots in the middle of established neighborhoods or nonresidential areas.

INNOVATION OVERLAY DISTRICT

One of four overlay districts designed to address the needs of the Growth Opportunity Areas of the Comprehensive Plan or other areas designated for growth, redevelopment or infill land intended to result in a particular development outcome.

INSTITUTIONAL USE

A cemetery, school, place of worship, governmental facility or quasigovernmental facility (such as emergency response service facility or similar).

INTENSITY (OF DEVELOPMENT)

The attributes of a development, or portion of a development, characterized by the height of buildings, total floor area, types of uses, density, or any combination of the aforementioned conditions. Areas of higher development intensity are typically characterized by higher maximum heights, greater floor areas, uses with greater impact on surrounding development, or higher density.

INTERMITTENT

A pattern of changing light intensity, other than that achieved with immediate, fade or dissolve transitions, where any message remains static at least four seconds.

LANDOWNER

The legal or beneficial owner or owners of land, the holder of a valid, nonexpired option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years or any other person having a majority proprietary interest in the land.

LIVING AREA

The gross building area of a single detached dwelling unit, excluding: the thickness of exterior walls; garage areas; basement areas where the ceiling height measured from the floor is less than six feet eight inches; and any other building areas where the ceiling height is either less than five feet or the area is not accessible by a stairway.

LOADING DOCK

An elevated platform at the shipping or delivery door of a building, at the same height as the floor of a motor truck or railroad car to facilitate loading or unloading.

LOT

A designated parcel, tract or area of land held in single and separate ownership, and established by a plat or otherwise as permitted by law, occupied by or which may be occupied by a use, structure, or building and its accessory building or buildings and including the yard and other open space required by this chapter.

LOT AREA

An area of land which is determined by the lot lines of an individual lot and expressed in terms of square feet or acres. Any portion of a lot included within the street right-of-way shall be excluded from the calculation of lot area.

LOT AVERAGING

A development option that permits a reduction in individual lot areas and bulk requirements, provided that the number of lots remains the same as permitted without lot averaging, in order to preserve open space.

LOT COVERAGE

The area of a lot that is covered by impervious surfaces.

LOT LINE

A line of record forming the front, rear or sides of a lot and separating one lot from another lot. There are four types of lot lines:

	FRONT LOT LINE — The street lot line from which the unit takes access; or where more than one street yard could safely provide this access, the street serving the smallest traffic volume.
	REAR LOT LINE — The lot line opposite or nearly opposite the front lot line. In the case of a lot without a clearly identified rear lot line, that line shall be construed to be a ten-foot-long line drawn parallel with the front street line.
	SIDE LOT LINE — The lot line that runs generally perpendicular or at angles to the street or any line that is not a front, street, or rear lot line. For purposes of setbacks, any lot line shared with an unopened street or alley shall be considered a side lot line.
	STREET LOT LINE — Any lot line that is also a street right-of-way line.

MAIN STREET ENVIRONMENT

A pedestrian-oriented streetscape characterized by a streetscape width of 60 feet to 100 feet, where the majority of buildings are located within 20 feet of sidewalks and contain a mix of uses, and that serves as the central gathering place for commerce and civic activities for a neighborhood, town, or region.

MANUFACTURED HOME

A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet in width or 40 body feet in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling (single detached dwelling unit) with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term includes any structure which meets the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 through 5426).

MEDIATION

A voluntary process in which parties may dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MIXED-USE BUILDING

A single building containing a combination of permitted commercial uses or residential and commercial uses, in which the permitted commercial uses are located on the ground floor with residential or commercial above.

MOBILE HOME

A transportable single detached dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with necessary utility connections and other appurtenances necessary for erection thereon of a single mobile home.

MOBILE HOME PARK

See § 350-31(f)(2)(C)(iii).

NIT

A measurement of luminance used primarily to indicate an LED display's brightness. One NIT is equal to one candela per square meter (1cd/m²).

NONCONFORMING LOT

A lot of record legally existing at the date of the passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment thereto or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in the Zoning Ordinance or amendment thereto or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reasons of annexation.

OFF-STREET PARKING GARAGE

A structure or portion thereof used for the storage and parking of vehicles and available to the general public, in which no servicing, repairs, washing, or reconditioning of motor vehicles is carried on.

OFFICIAL MAP

The Official Map of South Whitehall Township, dated May 26, 2010, or as amended.

ON-STREET PARKING

An area of a street right-of-way, parallel to the cartway, reserved for the parking of motor vehicles, wherein parking spaces are typically parallel to travel lanes or are angled from the travel lanes.[4]

OPEN SPACE, ACTIVE

Open space that is intended as a gathering space for residents of a development or public at large to support organized activities such as sports, festivals, performances, markets, civic events and the like; and provides for amenities associated with gatherings, such as plazas, pavilions, gazebos, greens, walkways, sidewalks, trails, landscaped sitting areas, playgrounds, play fields, tennis courts, basketball courts, amphitheaters, and the like. Active open space is characterized as space generally used by people to do organized activities requiring major modifications to the natural landscape and regular service to maintain in its intended fashion.

[Added 3-20-2019 by Ord. No. 1044]

OPEN SPACE, PASSIVE

Open space that is intended to preserve natural and/or historical features upon the land, preserve notable views, serve as permanent natural buffer, and/or serve as open space for use by the residents of the development or public at large; provides opportunities for walking, hiking, biking and similar activities on trail systems, fishing and boating on watercourses, exploring, bird watching or relaxation within natural settings, or similar activities. Passive open space is characterized as space generally used by individuals or small groups to do unorganized activities requiring few if any modifications to the natural landscape and minimal service to maintain in its intended fashion.

[Added 3-20-2019 by Ord. No. 1044]

PARKING GARAGE

See "garage, parking."

PARKING SPACE

A delineated area or garage available for the parking of one motor vehicle to which there is access from a street, alley or private drive.

PATIO

An unroofed area which is not enclosed, except for any side that may adjoin a structure or be lined by fences, hedges or shrubs.

PEDESTRIAN GATHERING AREA

A plaza, green, square, tot lot, park, natural area, public lawn, or other public outdoor space in which features such as gazebos, sitting walls, pergolas, fountains, benches, bicycle racks, landscaping, lighting, and the like are installed and maintained, and in which public seating, gathering, informal recreation and the like takes place.

PERIMETER BUFFER

The minimum area along the outermost boundary of a proposed development, where a buffer/planting strip may be required. This area is intended to buffer one development type or density from another, provide landscape area and is to be kept free from impervious surfaces, except for approved driveways, access lanes, sidewalks, trails, and fences or walls.

PERSONAL EXPRESSION SIGN

See § 350-48(s)(10).

PERSONAL STORAGE UNIT

Also known as a personal on-demand storage (PODS) or portable moving containers. A transportable non-axeled storage unit, not to exceed 10 feet in width, 10 feet in height or 20 feet in length in exterior dimensions, for the temporary storage of property. This does not include intermodal shipping containers.

PET, NONSTANDARD

A domesticated animal kept for companionship, as specifically named and regulated within § 350-42(q). This shall not include animals raised or kept for agricultural or farming purposes, venomous or poisonous animals, wild or exotic animals, feral animals, and wild/domestic animal hybrids.

PET, SMALL

A domesticated companion animal which is sheltered, fed and exercised within cages or containers within a dwelling unit and not permitted to move freely within the dwelling, building or structure, such as but not limited to domesticated rodents, fish, reptiles, and some birds. This shall not include animals raised or kept for agricultural or farming purposes, venomous or poisonous animals, wild or exotic animals, feral animals, and wild/domestic animal hybrids.

PET, STANDARD

A domesticated animal kept for companionship, specifically dogs, cats, ferrets, Vietnamese pot-bellied pigs, and rabbits.

PET, STANDARD HOUSE

A standard pet which is kept and sheltered in a dwelling unit. A standard house pet may be exercised outdoors but shall be fed and sheltered within the dwelling unit.

PLANNED RESIDENTIAL DEVELOPMENT (PRD)

An area of land, controlled by a landowner, to be developed as a single entity for a number of permitted dwelling unit types or combination of residential and nonresidential uses, the development plan for which may not correspond in lot size, bulk, type of dwelling, use, density, intensity, lot coverage or required open space to the regulations established in any residential district created under the provisions of the South Whitehall Township Zoning Ordinance.

PLAZA

A type of pedestrian gathering area that is a predominantly paved space, designed and maintained with pavers or other approved hard surfacing material.

PORCH, OPEN

A roofed structure, projecting from the front, side or rear wall of a building, that is open on three sides, and having no enclosed features of glass, wood or other materials more than 30 inches above the floor thereof, except for screening and necessary roof supports. A porch shall not be considered open if enclosed by either permanent or detachable glass sash.

PREEXISTING TOWER/PREEXISTING ANTENNA

See § 350-48(c)(5).

PRIMARY BUILDING/PRIMARY USE

A use permitted by right provided said use is shown as a primary use in the Zoning District Schedule for the district in which the use is located and the use is in conformance with all other provisions of this chapter. No more than one primary use shall be permitted on a lot, unless otherwise specified herein, such as but not limited to § 350-31, Provisions for Innovation Overlay Districts, § 350-48(c)(10), Coordinated Developments, § 350-05, Definition of terms, for mixed-use, retirement facility, shopping center, etc.

[Amended 3-20-2019 by Ord. No. 1044]

PRINCIPAL BUILDING/PRINCIPAL USE

The predominant use of a lot, whether a primary use, special exception, conditional use, or nonconforming use.

PRIVATE GARAGE

See "garage, private."

PUBLIC BUILDING

A building used primarily for public purposes such as, libraries, fire house, police stations and substations, state, county and/or federal buildings, excluding criminal rehabilitation and correctional facilities, schools, and also excluding places of business which may be used by the public at large for commercial purposes.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC PARK AND RECREATION AREA

A use designated, designed and used for active or passive recreational purposes by the general public, including trails and trailheads, and that is established by a governmental agency. This definition shall not be deemed to include: commercial amusement, adult uses, golf courses/driving ranges/miniature golf/pitch and putt golf, arcades, betting activities, or rod and gun clubs.

PUBLIC REALM

The open space of a development developed under the TND Overlay provisions and including active open space, passive open space, and the linkages between them to form a cohesive, connected network of pedestrian circulation.

[Amended 3-20-2019 by Ord. No. 1044]

PUBLIC UTILITY

An organization that maintains the infrastructure for a public service (often also providing a service using that infrastructure) and is subject to forms of public control and/or regulation. Public utilities shall include only municipal authorities or utilities regulated by the Pennsylvania Public Utility Commission.

QUASIGOVERNMENTAL AGENCY OR ENTITY

An organization that has been assigned by law, or by general practice, some of the legal characteristics of both the governmental and private sectors, and is funded and/or has been granted by a branch of government the capability of self-funding, and that has a public mandate to provide a given service.

RESTAURANT

An establishment where the primary use is the serving to the public prepared food to customers, with or without the use of wait staff, for consumption on or off the premises.

ROOFLINE

The highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridge line, or the highest line common to one or more principal slopes of roof. On a flat roof, the roofline is the highest continuous line of the roof.

SERVICE ANIMAL

An animal that is trained under the guidelines of a nonprofit organization to be a helper to assist a handicapped person perform simple everyday tasks.

SERVICE CLUB

A club or organization which is nonprofit in nature and is dedicated to improving the quality of the community, e.g., Lions, Kiwanis, Rotary Club, Jaycees, public libraries.

SETBACK

A setback denotes the minimum distance between a use, building or structure, and a lot line, boundary, natural feature or right-of-way line. The name of the setback or other accompanying words shall identify the particular lot line, boundary, feature, or right-of-way line involved.

SETBACK LINE

A line, parallel to a lot line that demarcates the required minimum distance between such lot line and the primary use of structure.

SEWER SYSTEM, CENTRALIZED

A system designed and constructed to collect, centrally treat, and dispose of all sewage from all portions of a development.

SEWER, PUBLIC

A sewer system serving a portion of a municipality or municipalities, developed and administered by a governmental agency or authority.

SHADOW

The outline created on the surrounding area by the sun shining on the wind energy system.

SHADOW FLICKER

The on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.

SHIELDED

A luminaire from which no direct glare is visible at normal viewing angles by virtue of it being angled, aimed, or oriented, and located and properly fitted with such devices as shields, baffles, louvers, skirts or visors.

SIGN FACE

A single surface area to which the sign copy is affixed or from which the copy or message is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim.

SIGN, BUILDING FACE

See § 350-48(s)(10).

SIGN, DIRECTORY

See § 350-48(s)(10).

SIGN, ELECTRONIC GRAPHIC DISPLAY SIGN

See § 350-48(s)(10).

SIGN, GROUND ENTRANCE IDENTIFICATION

See § 350-48(s)(10).

SIGN, PERSONAL EXPRESSION

See § 350-48(s)(10).

See § 350-48(s)(10).

See § 350-48(s)(10).

See § 350-48(s)(10).

Professionally supervised nursing care and related medical and other health services provided for a period exceeding 24 hours to an individual not in need of hospitalization, but whose needs are above the level of room and board and can only be met in a long-term care nursing facility on an inpatient basis because of age, illness, disease, injury, convalescence or physical or mental infirmity. The term "skilled nursing services" includes the provision of inpatient services that are needed on a daily basis by the resident, ordered by and provided under the direction of a physician, and which require the skills of professional personnel, such as registered nurses, licensed practical nurses, physical therapists, occupational therapists, speech pathologists or audiologists.

SOLAR ENERGY FACILITY ANCILLARY FACILITIES

All structures and buildings associated with the conversion of solar energy with the exception of the solar panels and support scaffolding. Ancillary structures and buildings shall include but not be limited to substations, electrical transmission lines and access roads.

SOLAR PANEL

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into useable electrical energy, heat water, or produce hot air or perform any other similar function by way of a solar energy system.

SPECIAL EXCEPTION

A use which by virtue of its own particular characteristics may be permitted in particular areas only after review, public hearing, and approval by the Zoning Hearing Board.

SPECIFIED ANATOMICAL AREAS

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

SQUARE

A type of pedestrian gathering area that is characterized by a having four sides and a combination of paved and landscaped areas.

STEEL UTILITY STRUCTURE

See § 350-48(c)(5).

STORY

That part of a structure included between any floor and the floor or roof next above. When applied to the permissible height of the building, the term "story" shall not include a basement if the basement is not designed for living quarters and if the floor thereof is more than 50% below the average ground level.

STREET

Any avenue, boulevard, road, lane, parkway, viaduct, or other way for the movement of vehicular traffic which is an existing state, county, township roadway, or way shown upon a plan and includes the land between the street and right-of-way lines, whether unimproved or improved, with pavement, sidewalks, gutters, parking areas and other areas within the right-of-way.

STREET CLASSIFICATIONS

(1)

ARTERIAL ROADA major regional or local highway including an expressway, freeway, interstate or intrastate highway as well as selected suburban or rural Streets which are designed to carry large volumes of vehicular traffic through the minimization of access points and provision of passing and/or turning lanes.

(2)

COLLECTOR ROADA street or road designed to carry vehicular traffic between one or more residential or nonresidential areas and a major system of arterial streets and highways, or from one part of a municipality to another part of that same municipality.

(3)

LOCAL ROADA street or road designed to carry vehicular traffic from one or more individual residential or nonresidential units to or from a collector road.

STREET RIGHT-OF-WAY

That portion of land dedicated to public use for street or utility purposes.

STREET RIGHT-OF-WAY LINE

The lines that form the boundaries of a right-of-way as indicated by dedication or by deed of record.

STREET, PRIVATE

Streets that have not been accepted by the Township for dedication, including those Streets to remain private under § 350-31(f)(5).

STREETSCAPE

The physical elements within and along both sides of a street right-of-way that define its appearance, character, and function, including adjacent building facades and land uses, street lighting and furniture, landscaping, street trees, sidewalks, signage, and on-street parking, whether located within the right-of-way or on private property. Physically, the streetscape is bound by bookend buildings and the space between building facades, or where buildings do not exist or are set back from the sidewalk, the build-to line or front yard setback line, on either side of the street right-of-way.

STREETSCAPE WIDTH

The distance between building facades, build-to lines or front yard setback lines, as applicable, on both sides of a street right-of-way, typically ranging from 60 feet to 100 feet.

STRUCTURE

Any man-made object constructed or erected on or in the ground or water or upon another structure or building and having an ascertainable stationary location. This definition shall not include walks or driveways as structures.

SWIMMING POOL

Any structure intended for swimming or recreational bathing and capable of containing water over 24 inches deep, including in-ground or aboveground pools, but not including farm lakes, ponds, or other natural water features.

TEMPORARY SIGN

See § 350-48(s)(10).

TIMBER HARVESTING OPERATION

The uprooting or removal, for any purpose, of more than 10 trees per acre, of six inches or greater DBH, from any woodland area, whether accomplished as a single operation or in more than one operation over three or fewer years. The removal of trees pursuant to an approved subdivision or land development plan, landscape plan, the removal of dead or diseased trees, or invasive vegetation, and the cutting of trees as part of a Christmas tree farming operation shall not be considered timber harvesting operations. "Forestry," as defined by the Pennsylvania Municipalities Planning Code, shall also be considered a tree harvesting operation.

TND OVERLAY DISTRICT

One of three Innovation Overlay Districts that allow for traditional neighborhood development.

TOWNHOUSE

See "dwelling, multi-unit."

TOWNSHIP

The Township of South Whitehall in Lehigh County, Pennsylvania.

TRACT

A parcel of land, the dimensions and extent of which are determined by the latest official records or by the latest approved recorded map of a subdivision of which the tract is a part. A tract may include lands covered by more than one legal description.

TRACT SIZE

The area of land contained within the lot lines of all individual lots in a development and expressed in terms of square feet or acres. Any portion of a tract included within the street right-of-way shall be excluded from the calculation of tract size.

TRACTOR-TRAILER TRUCK

(1) A truck, truck tractor or combination having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or actual gross weight of 17,001 pounds or more; or (2) a truck, truck tractor or combination engaged in interstate commerce and having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or actual gross weight of 10,001 pounds or more.

TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)

A form of land development consistent with TND as per Article VII-A of the Pennsylvania Municipalities Planning Code (MPC), wherein a TND is defined as follows: An area of land typically developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact and oriented toward pedestrian activity. It has an identifiable center and discernible edge. The center of the neighborhood is in the form of a public park, green, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out with an interconnected network of streets and blocks that provides multiple routes from origins to destinations and is appropriately designed to serve the needs of pedestrians and vehicles equally.

TRAIL

A path constructed for pedestrian, biking and other nonmotorized forms of travel, including any ancillary furnishings, that is constructed to a standard approved by South Whitehall Township and confined within an easement or right-of-way.

TRAILHEAD

An access point to a trail often accompanied by various public facilities, including parking areas, toilets, water, and directional and informational signage.

TURBINE HEIGHT

The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.

TWIN

See "dwelling, two-unit."

ULTIMATE RIGHT-OF-WAY

The intended width of a street as established by the Township Comprehensive Plan, Zoning Ordinance or adopted Official Map.

USE

A specific purpose for which land or a sign, structure, or building is designed or arranged, intended, or for which it may be occupied or maintained or any activity, occupation, business, or operation which may be carried on. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USEABLE OFFICE AREA

Shall be defined as that space to be used and/or occupied by an owner and/or by tenants, but excluding shared common building areas outside the lease or tenant confines needed for access and egress to multiple tenant suites; such as entrance foyers, atriums, courtyards, corridors/hallways, stairways, common restrooms and other non-common areas such as mechanical rooms, building maintenance storage areas or similar areas that are not available for tenant's office use.[5]

UTILITIES

Buildings and structures of a public or municipal utility, in addition and connected to the lines, piping, conduits, transformer, or other equipment which is essential to providing that utility's services. Normally a significant or combination of structures, often enclosed within a building, such as a substation, pumping station, switching building or central station, or similar installation. "Utilities" shall not be deemed to include alternative tower structures, antennas, backhaul networks, or towers.

WALL, RETAINING

A structure for holding in place a mass of earth or the like.

WATER, CENTRALIZED

A system designed and constructed to transmit and distribute water from a common source to all residents in all portions of a particular development.

WATER, PUBLIC

A centralized water supply system serving portions of a municipality or municipalities which is owned and operated by the Township or some other municipality or municipality authority.

WIDTH OF BUILDING

The length of the building measured on a horizontal plane parallel to the face or facade of the building encompassing the extremities of the building, generally but not necessarily parallel to the right-of-way line of the street.

WILD OR EXOTIC ANIMAL

Any animal of a species prohibited by Title 50, Code of Federal Regulations, or otherwise as controlled by the Commonwealth of Pennsylvania. It shall include any animal which is wild, fierce, dangerous, noxious, or naturally inclined to do harm. Wild animals, however domesticated, shall also include but not limited to:

(1)

Amphibians: All venomous frogs, toads, turtles, etc.;

(2)

Bear (Ursidae): All bears, including grizzly bears, brown bears, black bears, etc.;

(3)

Cat Family (Felidae): All except commonly accepted domestic cats; including lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, tigers, bobcats, wild cats, etc.;

(4)

Crocodilians: All alligators, caimans, crocodiles, gavials, etc.;

(5)

Dog Family (Canidae): All except domesticated dogs; including wolf, fox, coyote, dingo or offspring of domesticated dogs bred with a wolf, fox, coyote, dingo, etc.;

(6)

Mongooses (Feliformia): Mongooses, civets, etc.;

(7)

Pig: All wild or domestic swine, etc., excluding certified Vietnamese potbellied pigs;

(8)

Porcupine (Erethizontidae): All porcupines, etc.;

(9)

Primates (Hominidae): All sub-human primate, etc.;

(10)

Raccoons (Procyonidae): All raccoons, etc.;

(11)

Reptiles: All venomous or constricting snakes; venomous lizards, etc.;

(12)

Venomous Invertebrates: All venomous spiders, scorpions, etc.;

(13)

Weasels (Mustelidae): All including weasels, martens, mink, wolverine, ferrets, badgers, otters, ermine, etc., excluding domesticated ferrets.

WIND ENERGY FACILITY ANCILLARY FACILITIES

All structures and buildings associated with the conversion of wind energy with the exception of the wind turbine. Ancillary structures and buildings shall include but not be limited to substations, meteorological towers, electrical transmission lines and access roads.

WIND ROTOR

The blades, plus the hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is mounted on a pole or tower or other suitable structure along with the other generating and electrical equipment to form a wind turbine.

WIND TURBINE

The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

WOODLAND

An area of greater than five acres as depicted in the Comprehensive Plan, or as amended, of the Lehigh Valley Planning Commission.

YARD (REQUIRED)

An open, unoccupied space between a lot line and setback line within which no structure is permitted to be located except as provided within this chapter.

[Amended 9-20-2017 by Ord. No. 1024]

YARD, FRONT (REQUIRED)

A space between the building line or front wall of a building and a street line (street or road right-of-way line) and into which space there shall be no structure except as permitted in this chapter.

YARD, REAR (REQUIRED)

A space between the rear lot line and the rear setback line which shall remain open and unoccupied, except as permitted as part of this chapter.

YARD, SIDE (REQUIRED)

A space between a side lot line and the side setback line which shall remain open and unoccupied, except as permitted as part of this chapter.

[1]

Editor's Note: The former definition of "cluster open space," which immediately followed this definition, was repealed 3-20-2019 by Ord. No. 1044.

[2]

Editor's Note: The former definition of "common TND open space," which immediately followed this definition, was repealed 3-20-2019 by Ord. No. 1044.

[3]

Editor's Note: Said appendix is included as an attachment to this chapter.

[4]

Editor's Note: The former definitions of "open space," "open space, cluster," "open space, common," "open space, common TND," and "open space, usable," which followed this definition, were repealed 3-20-2019 by Ord. No. 1044.

[5]

Editor's Note: The former definition of "useable open space," which immediately followed this definition, was repealed 3-20-2019 by Ord. No. 1044.