In addition to the following definitions, diagrams illustrating key
lot, area and bulk terms appear at the end of this chapter.
ACCESSORY BUILDING OR USE
A use, building or structure, the use of which is customarily
incidental and subordinate to the main or principal use, building
or structure which is located on the same lot therewith.
ADULT USE BUSINESS
Any commercial activity, whether conducted intermittently
or full time, which primarily involves the sale, display, exhibition,
or viewing of books, magazines, films, photographs or other material
distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified
anatomical areas, as defined herein. Adult use businesses shall also
include live-entertainment theaters, cabarets or licensed eating or
drinking establishments which feature male or female nude or exotic
dancers, topless dancers, strippers, or similar entertainment.
(1)
The term shall also include:
(a)
Massage parlors or services, excepting any therapeutic, medical
or surgical services or facilities of a regularly licensed hospital
or dispensary, or the professional services of a physician, osteopath
or chiropractor duly licensed by the Commonwealth of Pennsylvania;
(b)
Model studios furnishing figure models who pose nude for the
purpose of being viewed, sketched, painted, drawn, sculptured, photographed,
or otherwise similarly depicted for persons who pay a fee, or other
consideration or compensation, or a gratuity, for the right or opportunity
so to depict the figure model, or for admission to, or for permission
to remain upon, or as a condition for remaining upon the premise.
Exempted from this provision are model studios, or businesses conducted
to furnish models to studios, which are operated by any state college
or junior college, public or private school, or any governmental agency
wherein the person, firm, association, partnership or corporation
so operating has met the requirements established by the Commonwealth
of Pennsylvania for the issuance or conferring of, and is in fact
authorized thereunder to issue and confer, a diploma or honorary diploma;
(c)
Meditation or sexual encounter centers, rap centers, peep shows
or similar establishments whose activities are characterized by an
emphasis on specified sexual activities or specified anatomical areas,
as defined herein.
(2)
The term "specified sexual activities," as used in this chapter,
is defined as human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse or sodomy; fondling
or other erotic touching of human genitals, pubic region, buttock,
or female breast. The term "specified anatomical areas," as used in
this chapter, is defined as less than completely and opaquely covered
human genitals, pubic region, buttock and female breast below a point
immediately above the top of the areola; and human male genitals in
a discernibly turgid state, even if completely and opaquely covered.
ALLEY
A narrow serviceway providing a secondary public means of
access to the rear or side of properties otherwise abutting on a street.
ALTERATIONS
An incidental change, rearrangement, replacement or enlargement
in the structural parts or in the means of egress, whether by extending
on a side or by increasing in height, or the moving from one location
or position to another; or by change in use from that of one district
classification to another.
AMUSEMENT ARCADE
A business, or portion thereof, having on its premises for
use by the public four or more video or electromechanical devices
operated by inserting a coin or token.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his/her successors
and assigns.
AUTO CONVENIENCE MARKET
A place where gasoline, motor oil, lubricants, or other minor
accessories are retailed directly to the public on the premises in
combination with the retailing of items typically found in a convenience
market or supermarket.
AUTO SALES
The sale or rental of new or used motor vehicles or trailers.
BASEMENT or CELLAR
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
BILLBOARD
A sign, other than one indicating a business conducted on
the premises, upon which advertising matter of any character is printed,
posted or lettered; it may be either freestanding, mounted on a building
wall or other structure, or applied directly on the surface of a wall-mounted
or freestanding display area.
BLOCK
An area bounded by three or more streets.
BUFFER AREA
An area of land which may include natural or artificial land
forms or a planted area with shrubs, bushes, trees, grass or other
ground cover material, and within which no structure or building shall
be authorized except a wall or fence which meets requirements of this
chapter.
BUILDING
Any structure having a roof supported by columns or walls
and intended for shelter, housing or enclosure of persons, animals
or other chattels, and including covered porches or bay windows and
chimneys, manufactured and prefabricated homes.
BUILDING AREA
The area of the lot within the building lines, bounded by
the required yards; where there is no required yard, then bounded
by the lot line.
BUILDING LINE
A line parallel to the street right-of-way line at a distance
therefrom equal to or greater than the required minimum front yard.
BUILDING SPACING
The minimum distance between two buildings. The building
spacing shall be measured from the outermost wall or projections,
excluding bay windows, chimneys, flues, columns, ornamental features,
cornices and gutters, provided these exceptions do not encroach more
than two feet.
BULK
The term used to describe the size of buildings and their
relationship to one another, to open areas, and to lot lines. Requirements
relating to the bulk include standards for size, including area, height
and floor area of a building; the number of dwelling units in a residential
building in relationship to the area of the lot; and areas in yards
or other open spaces.
BUSINESS AND PROFESSIONAL OFFICE
The office of an engineer, doctor, dentist, psychoanalyst,
psychologist, public accountant, optometrist, chiropractor, attorney,
real estate broker, insurance broker, architect, or other similar
professional person; and any office used primarily for accounting,
correspondence, research, editing or administration.
BUSINESS SERVICES
Establishments providing services primarily to business establishments
on a fee or contract basis, such as advertising and public relations,
management and consulting services, security and maintenance services,
equipment rental/leasing, computer and data processing services.
CANOPY
A lightweight structure attached to the ground and/or to
a wall and extended over a sidewalk or other pedestrian walkway, where
such structure is used primarily for purposes of shelter and not advertising.
CARPORT
A structure used for the shelter of a vehicle and which includes
a roof attached to the side or back of the principal building and/or
supported by four columns and which is open on two or more sides from
the roof to the ground over which it stands (unless specified otherwise
herein).
CAR WASH
A structure, or portion thereof, either fully or partially
enclosed, where one or more vehicles may be washed using mechanized
equipment or by self-service.
CEMETERY
A burial place or graveyard, which may include a mausoleum,
crematory or columbarium.
CHURCH
(See "place of worship.")
CLEAR SIGHT TRIANGLE
The unobstructed sight along both roads or driveways at an
intersection and across their included corner for distances sufficient
to allow the operators of vehicles approaching simultaneously to see
each other in time to prevent a collision. The minimum sight triangle
may vary according to type of street and speed limit. Sight distance
along the street shall be measured at the height of the driver's eye,
which is assumed to be 3.75 feet above the road surface. (See illustration.)
CLUB
(Private and/or semiprivate) An association organized and
operated not for profit for persons who are bona fide members paying
annual dues, and which owns, hires, or leases premises, the use of
which premises is restricted to such members and their guests. The
affairs and management of such association are conducted by a board
of directors, executive committee, or similar body chosen by the members
at their annual meeting. Food, meals and beverages may be served on
such premises, provided adequate dining room space and kitchen facilities
are available. Alcoholic beverages may be sold or served to members
and their guests, provided such service is secondary and incidental
to the promotion of some other common objective of the organization,
and further provided that such sale or service of alcoholic beverages
is in compliance with all applicable federal, state, county and local
laws.
COMMERCIAL
Engaging in a business, enterprise, activity, or other undertaking
for profit.
COMMERCIAL RECREATION
Bowling alleys, billiard and pool halls, golf courses (regular
and miniature), gymnasiums, exercise or fitness centers, swimming
pools, and similar uses which are operated on a commercial, for-profit
basis. Such uses do not include theaters, amusement arcades (as defined
by this chapter), amusement or theme parks, or major sports arenas/stadiums
or racetracks.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for use or enjoyment of residents of the development, but excluding
streets, off-street parking areas, and areas set aside for public
facilities.
COMMUNICATIONS ANTENNA
Any structure designed for transmitting or receiving wireless
communications of video, voice data and similar transmissions, including,
but not limited to, omnidirectional or whip antennas, directional
or panel antennas and satellite or microwave dish antennas that may
be mounted on an existing building, an existing public utility storage
or transmission structure or an existing communications tower, excluding
transmission and receiving devices licensed by the Federal Communications
Commission (FCC) exclusively for private use by citizens.
COMMUNICATIONS TOWERS AND FACILITIES
Any structure designed for transmitting or receiving wireless
communications of video, voice data and similar transmissions, including,
but not limited to, omnidirectional or whip antennas, directional
or panel antennas and satellite or microwave dish antennas that may
be mounted on an existing building, an existing public utility storage
or transmission structure or an existing communications tower, excluding
transmission and receiving devices licensed by the Federal Communications
Commission (FCC) exclusively for private use by citizens.
CONDITIONAL USE
A use which may be permitted in one or more zoning districts
upon approval of the Board of Commissioners, who may grant approval
pursuant to express standards and criteria and the provisions of this
chapter.
CONDOMINIUM
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners. For purposes of this chapter, "condominium" refers
to a method of owning real estate and not to a type of unit or structure.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
COUNTY
Allegheny County, Pennsylvania.
COURT
An open, unoccupied, uncovered space partially or wholly
surrounded by the walls of a building or structure.
DAY
Days shall be measured by calendar days whenever a time period
is stipulated in this chapter.
DAY-CARE CENTER
Any place, home or institution which cares for six or more
persons apart from their parents, guardians or custodians for regular
periods of time for compensation, provided that the term "day-care
center" shall not include or apply to bona fide schools, custody fixed
by a court, or children related by blood or marriage to the provider
within the day-care centers. Day-care centers must be operated in
accordance with Title 55 of the Public Welfare Chapter 3270 and Title
55 Public Welfare Chapter 3290 and Title 55 Public Welfare Chapter
3280 and 62 P.S. §§ 1511.1 through 1511.22.
DEVELOPER
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who undertakes a development.
DEVELOPMENT
Any change to real estate, including but not limited to the
erection, construction or placement of a structure or building, utilities,
streets, parking and loading areas or other paved filling, grading,
excavation, mining, drilling or dredging operations, or the placement
of mobile homes.
DUPLEX
(See "dwelling, two family.")
DWELLING UNIT
Any building or portion thereof constituting a separate,
independent housekeeping establishment for one or more persons, and
containing independent cooking, sanitary and sleeping facilities.
It shall not be deemed to include hotels, boardinghouses or rooming
houses, institutional facilities and residence clubs.
(2)
TWO-FAMILY DWELLINGA detached building occupied by only two families, independent of each other, with the two units either attached side by side or one above the other.
(3)
MULTIFAMILY DWELLINGA residential structure containing three or more separate dwelling units, including townhouses, garden dwellings, multiplexes, multistory/multifamily and similar multiple dwelling structures.
EATING AND DRINKING ESTABLISHMENT
A place for the sale and consumption of food and/or beverages
to the general public, which includes restaurants, bars, taverns,
and similar establishments.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, and duly appointed as the Engineer for Stowe Township.
ESSENTIAL SERVICES
Underground or overhead gas, electrical, steam or water transmission
or distribution systems, collection, communication, supply or disposal
systems and their required buildings, owned and operated by a public
utility (licensed by the Pennsylvania Public Utility Commission) or
municipal or other governmental agency. Essential services do not
include public or private incinerators, landfills or similar waste
disposal facilities.
FAMILY
One or more persons occupying a dwelling unit and maintaining
a single housekeeping unit.
FAMILY BOARDING HOME
A facility, located in a residential area, where the resident
household provides room, board and specialized services to eight or
fewer unrelated persons. These individuals may be children, handicapped,
elderly, or otherwise in need of specialized supervision and care.
This category of facility requires licensing, certification or supervision
by the Pennsylvania Department of Human Services.
FAST-FOOD RESTAURANT
A restaurant where the retail sale of prepared or premeasured
food items are ordered by the customer at a window, counter or vehicle
rather than from a table and which is designed to facilitate quick
service and take-out orders.
FENCE
Any structure constructed of wood, metal, wire, mesh, fabricated
materials, stone or masonry erected for the purpose of screening one
property from another to assure privacy, protection or confinement
of the property. The term "fence" shall include screening walls and
hedges exceeding 30 inches in height.
FLOOD FRINGE AREA
The flood fringe area of the Floodplain District shall be
that area of the 100-year floodplain not included in the floodway
area. The basis for the outermost boundary of this area shall be the
100-year flood elevations contained in the flood profiles of the Flood
Insurance Study and as shown on the Flood Boundary and Floodway Map.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
and/or an area subject to unusual and rapid accumulation or runoff
of surface waters. The boundaries of the 100- and 500-year floodplains
are delineated by the Township Flood Insurance Study.
FLOODPLAIN DISTRICT
All areas subject to the inundation by waters of the 100-year
flood. The basis for delineation of this district shall be the same
as designated in the documentation of the Flood Insurance Study, dated
October 4, 1995, the Flood Insurance Rate Map, and the Flood Boundary
and Floodway Map for the Township of Stowe, as prepared by the Federal
Emergency Management Agency.
FLOODWAY
The channel of a river, stream or other watercourse capable
of carrying the waters of the 100-year flood without increasing the
water surface elevation of that flood more than one foot at any point.
The boundaries of the floodway are delineated on the Flood Insurance
Study and Flood Boundary Maps.
FORESTRY
The management of forest and timberland when practiced in
accordance with sound forest management practices through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes which does not involve any existing, proposed or future land
development. In accordance with the Municipalities Planning Code § 603(f), forestry is a permitted use in all zoning districts forestry
might be possible.
FUNERAL HOME
A building used for the embalming of the deceased for burial,
but not including cremation, and for the display of the deceased and
ceremonies connected therewith before burial or cremation.
[Added 12-8-2015 by Ord.
No. 989]
GARAGE
A fully enclosed building for the storage of motor vehicles,
not including buildings in which fuel is sold or repair or other service
is performed.
GARDEN DWELLING
A multifamily structure, usually not exceeding three stories
in height, sometimes designated around courts or common open areas,
frequently having private balconies or patios.
GASOLINE SERVICE STATION
A building and premises where petroleum products, batteries,
tires and automobile accessories may be supplied and sold at retail,
and where services may be rendered in connection with these products,
including inspection, greasing, hand-washing, polishing, servicing,
and adjustment of vehicles, providing no major repair work is done.
GRADE
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls; the reference
plane shall be established by the lowest points within the area between
the building and lot line or, when the lot line is more than six feet
from the building, between the building and a point six feet from
the building.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior faces of the exterior walls
or from the center line of walls separating two buildings. For the
purposes of determining permissible size and off-street parking and
loading requirements, floor area shall include floor space devoted
to the principal use of the premises, including accessory storage
areas located within selling or working space such as counters, racks,
or closets; any basement floor area devoted to retailing activities;
and floor area devoted to the production or processing of goods or
to business or professional offices. For this purpose, floor area
shall not include space devoted primarily to storage purposes (except
as noted above), off-street parking or loading facilities, including
aisles, ramps and maneuvering space, or basement floor areas other
than areas devoted to retailing activities, the production or processing
of goods, or business or professional offices.
GROSS LEASABLE AREA (GLA)
Total floor area designed for the exclusive use and occupancy
of building occupants, including basements, mezzanines and upper floors,
but not including public or common areas such as public toilets, corridors,
stairwells, elevators, machine and equipment rooms, lobbies or mall
areas, whether open or enclosed. GLA shall be measured from the center
line of joint partitions and from the outside wall faces. It is the
area upon which tenants pay rent, including sales areas and integral
stock areas.
GROUP RESIDENCE
A facility located in a residential area, which provides
room, board and specialized services to six or fewer unrelated persons,
such as children (under 18 years), handicapped or elderly (over 60
years) individuals. The individuals must be living together as a single
housekeeping unit with one or more adults providing qualified, twenty-four-hour
supervision. The group residence may be operated by a governmental
agent, certified agent or nonprofit corporation. This category shall
not include facilities operated by or under the jurisdiction of any
government bureau of corrections or similar institution.
HEIGHT, MAXIMUM
The vertical distance measured from the average elevation
of the proposed finished grades immediately adjacent to the front
of the building to the highest point of the roof for flat roofs; to
the deckline of mansard roofs; and to the mean height between eaves
and ridge for gable, hip and gambrel roofs. Chimneys, flues, stacks,
fire escapes, gas holders, elevator enclosures, ventilators, skylights,
water tanks and similar roof structures required to operate and maintain
the building on which they are located, flagpoles, television aerials,
water towers and tanks, steeples, bell towers, broadcasting and electrical
transmission towers and similar projections shall not be included
in calculating maximum height.
HOME OCCUPATION
An occupation conducted in a dwelling unit solely by members
of the family residing on the premises, provided such occupation shall
be clearly incidental and subordinate to the unit's residential purpose
and shall be conducted entirely within the principal residential structure.
HOSPITAL
A duly licensed institution providing acute medical or surgical
care and treatment for the sick and injured.
HOTEL/MOTEL
A building or group of buildings containing rooms which provide
sleeping accommodations for transient guests on a daily or weekly
basis. The term shall include motor hotel, motor inn, motor lodge,
tourist court, inn and similar uses.
IMPERVIOUS SURFACE
A surface which resists the entrance or passing through of
water and other liquids.
INSTITUTIONAL FACILITY
A facility providing room and board for more than six persons
who are residents by virtue of requiring specialized care and supervision
relating to health, social and/or rehabilitative services. The facility
shall be staffed on a twenty-four-hour basis by qualified personnel
and operated by a governmental agency, or agent thereof, or social
service corporation in accordance with commonwealth and Allegheny
County laws and regulations. This category shall not include facilities
operated by or under the jurisdiction of any government bureau of
corrections or similar agency. The facility shall be appropriately
staffed on a twenty-four-hour basis as normally prescribed by county
or commonwealth regulations. This facility shall not include business
or professional offices, business activities, fraternal or social
clubs, hospitals, nursing homes, rooming or boarding homes.
INTERMODAL RAIL FACILITY
Land and/or buildings for the transloading of freight from
one mode of transportation to another, including, but not limited
to, all activities and accessory uses relating to rail transportation,
container storage, and railcar maintenance work. The site for an intermodal
rail facility shall consist of at least 10 acres.
[Added 1-13-2015 by Ord.
No. 975]
LAND DEVELOPMENT
Any of the following:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
(b)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups, or other features.
(2)
A subdivision of land. (See "subdivision.")
(3)
Land development shall not include:
(a)
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
(b)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
(c)
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved.
LANDOWNER
The legal or beneficial owner of land, including the holder
of an option or contract to purchase (whether or not such an option
or contract is subject to any condition), a lessee if he is authorized
under the lease to exercise the rights of the landowner, or other
person having a proprietary interest in the land, shall be deemed
to be a landowner.
LOADING SPACE, OFF-STREET
Space conveniently located, accessible and properly designed
for the temporary use by vehicles making bulk pickups or deliveries
of merchandise or materials.
LOT
Any parcel or tract of land on which a main building and
any accessory buildings are placed, together with the required open
spaces. Such lot shall front on an improved public street or on an
approved private way. In case of subdivision or combination of lots,
no lot shall be created which does not meet the requirements of this
chapter.
LOT AREA
The area contained within the property lines of the lot as
in existence or as shown on a plan, excluding any portion of a lot
included in the street and utility rights-of-way and any other easement
similarly restricting the owner's right of use.
LOT AREA PER DWELLING UNIT
The quotient obtained by dividing the total lot area by the
total number of dwelling units to be located on such lot.
LOT COVERAGE
The area contained within the property lines of the lot as
in existence or as shown on a plan, excluding any portion of a lot
included in the street and utility rights-of-way and any other easement
similarly restricting the owner's right of use.
LOT DEPTH
The distance between the midpoints of the front lot line
and the rear lot line.
LOT LINE, REAR
The lot line that is most distant from, and is, or is most
nearly, parallel to the front lot line. If a rear lot line is less
than 15 feet long, or if the lot comes to a point at the rear, the
rear lot lines shall be a line at least 15 feet long, lying wholly
within the lot, parallel to the front line. If a zoning lot has two
or more front lot lines, the owner or developer shall designate the
yard which is to be the rear yard.
LOT LINE, SIDE
A lot line which is neither a front lot line nor a rear lot
line.
LOT OF RECORD
A lot which is part of a subdivision recorded in the office
of the Recorder of Deeds of Allegheny County or a lot or parcel described
by metes and bounds, the description of which has been so recorded.
LOT WIDTH
The distance between the side lot lines, measured at right
angles to the lot depth at the established front building line.
LOT, CORNER
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
LOT, INTERIOR
A lot other than a corner lot with frontage on only one street.
LOT, THROUGH
A lot with the frontage on two parallel, or approximately
parallel, streets, and which is not a corner lot; may also be referred
to as a "double frontage lot."
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term includes mobile homes, park trailers, travel trailers and similar
vehicles placed on a site for more than 90 consecutive days.
MANUFACTURED HOME LOT
A parcel of land in a manufactured home park, improved with
the necessary utilities connections and other appurtenances necessary
for the erection thereon of a single manufactured home, which is sold
or leased by the park owner to the occupants of the manufactured home
erected on the lot.
MANUFACTURED HOME PARK
A parcel (or contiguous parcels) of land which has been planned
for the placement of two or more manufactured homes.
MANUFACTURING
Business engaged in the mechanical or chemical transformation
of materials or substances into new products or engaged in assembling
component parts of manufactured products if the new product is neither
a structure nor other fixed improvement.
MEDICAL FACILITY, CENTER OR CLINIC
A facility for the examination and treatment of ill and afflicted
human outpatients, including doctor and dental offices and clinics,
provided that patients are not kept overnight except under emergency
conditions.
METHADONE CLINIC
A facility licensed by the Pennsylvania Department of Health
to use the drug methadone in the treatment, maintenance and detoxification
of persons.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two or more units designed to be joined into one integral unit capable
of again being separated for repeated towing, which arrives at a site
complete and ready for occupancy, except for minor and incidental
unpacking and assembly, 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 the
necessary utilities connections and other appurtenances necessary
for the erections thereon of a single mobile home, which is leased
by the park owner to the occupants of the mobile homes erected on
the lot.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MODULAR UNIT
A unit transported on a removable or nonremovable frame,
in which some or all of the component parts are fabricated, formed
or assembled off site in a factory, transported to the site for assembly
and installed on the building site. The term includes "module," "prefab,"
"factory-built," "panel-built," and similar terms. The completed unit
shall comply with the building code standards for conventionally constructed
units; the modular unit is considered real property.
MULTISTORY BUILDING
A structure of over three stories, but not exceeding the
height limitation for the district in which it is located, with an
elevator as well as stairs to all levels. All units are accessible
through an entrance hall shared with other dwelling units. This term
shall also include the terms "low-rise, mid-rise or high-rise apartments."
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is already secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic
(whether vehicular or pedestrian), nor pickup, delivery or removal
functions to or from the premises in excess of those normally associated
with residential use.
NURSING OR CONVALESCENT HOME
An institution for the care of children or the aged or infirm
who are residents by virtue of requiring specialized care and supervision
relating to health, social and/or rehabilitative services. The facility
shall be licensed or certified in accordance with state and county
laws and regulations. The term shall not include facilities or acute
care or institutions for the care and treatment of mental illness,
alcoholism, or narcotics addiction.
OCCUPANCY PERMIT
A permit issued by the Zoning Officer before the occupancy
of any new or remodeled building, use of land, or change of use, which
certifies that all the requirements of this chapter and other applicable
ordinances have been met.
OPEN SPACE
Land set aside and used for recreation, agriculture or resource
protection or a buffer area which is freely accessible to all residents
of a development, although restrictions may apply to agricultural
areas. Open space does not include land occupied by nonrecreational
buildings, roads and required parking areas or yards of dwelling units
required by this chapter. Open space is normally left in a natural
state, except if safety precludes this, and also with the exception
of recreation areas which may be surfaced.
PADEP
The Pennsylvania Department of Environmental Protection.
PADOT
The Pennsylvania Department of Transportation.
PARKING LOT
Any lot, parcel or yard used regularly in whole or part for
the storage or parking of more than two vehicles, where such usage
is not incidental to or in conjunction with a one- or two-family house.
PARKING SPACE
An off-street space available for parking of a motor vehicle
and which has a hard, all-weather surface and is at least an area
nine feet wide by 18 feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto.
PERIMETER
The outer boundary of a development site or area.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
PERSONAL CARE HOME
A residential facility, operated for profits or otherwise,
providing food, shelter and personal assistance or supervision for
adults who require assistance or supervision in daily routine activities
such as bathing, dressing, diet or the taking of medication prescribed
for self-administration.
PERSONAL SERVICES
Establishments providing services generally involving the
care of the person or his/her apparel such as laundries, dry-cleaning
shops (excluding dry-cleaning plants), barber/beauty shops, photographic
studios, shoe repair and similar services. For the purpose of this
chapter, funeral homes/mortuaries and vehicular repair services are
excluded from this category.
PORCH
An open-roofed or enclosed exterior appendage to a main or
accessory structure, projecting from the front, side or rear walls
of the structure. For purposes of this chapter, porches shall include
structures and home additions commonly referred to as "patios," "sun
rooms," "sun porches," "decks" and similar structures or construction.
Stoops or slabs which extend beyond the front, side or rear walls
of a main structure a distance of more than four feet and/or exceed
the length of six feet along said front, side or rear walls are deemed
to be "porches" by definition. Permanent or temporary awnings which
extend beyond five feet from the front, side or rear walls of the
main structure, or which are partially or wholly supported by posts,
poles, spires or similar construction or structures set beyond the
walls of the main structure, are deemed to be "porches" by definition.
PRINCIPAL BUILDING
A building or buildings in which is conducted the main or
principal use of the lot on which the building is situated.
PRINCIPAL USE
The main use of land or structures as distinguished from
a subordinate or accessory use.
PRIVATE
Of or pertaining to any building, structure, use or activity
limited to members of an organization or to other persons specifically
invited or permitted where no advertisement or inducement has been
made to the general public.
PUBLIC
Of or pertaining to any building, structure, use or activity
belonging to, or affecting, any duly authorized government body.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Township
Commissioners or Planning Commission, intended to inform and obtain
public comment prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notices
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 or less than seven days from the date
of the hearing.
PUBLIC SERVICE FACILITY
Land or a building or structure and its equipment erected
and used for the purpose of facilitating service to the public by
a governmental agency or publicly franchised or regulated corporation.
RECREATIONAL FACILITY, PUBLIC OR PRIVATE
Land or buildings for the pursuit of sports and similar leisure-time
activities, such as parks, swimming pools, tennis courts or ball fields,
which are operated by governmental or nonprofit organization. Excluded
are any amusement establishments or other recreational facilities
of a commercial nature. (See "commercial recreation.")
RECREATIONAL VEHICLE
A single- or multiple-axle, non-self-propelled or self-propelled
structure mounted on wheels or otherwise capable of being made mobile
for the purpose of travel, recreational and vacation use, including,
but not limited to, travel trailers, motor homes, tent trailers, boats
and boat trailers, horse trailers, or campers.
RESEARCH/DEVELOPMENT FACILITY
A use devoted to research, design, laboratory work and/or
experimentation and any processing and fabrication incidental thereto,
provided no materials or finished products shall be manufactured,
processed or fabricated on the premises for sale except such as are
incidental to said laboratory research, design and/or experimentation
conducted on said premises.
RESIDENTIAL USE
Those activities customarily conducted in living quarters
in an urban setting, but excluding such activities as the keeping
of livestock or fowl; activities resulting in noise which constitutes
a nuisance in a residential area; and activities which involve the
storage, visible from off the lot, of motor vehicle parts, machinery
or parts, junk or scrap materials.
RETAIL BUSINESS
Commercial establishments engaged in selling merchandise
directly to customers for personal or household consumption and rendering
services incidental to the sale of goods.
(1)
CONVENIENCE RETAILEstablishments selling merchandise for daily consumption and purchase, such as food, drugs, and similar items. For purposes of this chapter, eating and drinking establishments are excluded from this category.
RIGHT-OF-WAY
Land reserved for use as a street, alley, interior walk,
or other public purpose and dedicated for public use; all must be
recorded in the County Recorder of Deeds office. For purposes of this
chapter, public right-of-way lines shall prevail over private parcel
lines that are designated as falling within the public thoroughfare
or alley; all applicable lot area and front, side and rear lot requirements
shall be computed from the public right-of-way.
ROOMING HOUSE or BOARDINGHOUSE
A residential building other than a hotel in which part or
parts are kept, used, or held out to be a place where sleeping accommodations
are offered for hire for three or more persons.
SALVAGE YARD or JUNKYARD
Any area where scrap metal, paper, rags, tires and other
waste and/or used materials are bought, sold, exchanged, stored, bailed,
packaged, disassembled or handled; or where inoperable machinery or
motor vehicles are collected, dismantled, stored or sold for parts.
Any use conducted entirely within an enclosed building is not a salvage
yard.
SCHOOL
A place of instruction operated by a public or religious
organization, having regular sessions, with regularly employed instructors
and meeting all the requirements of the Pennsylvania Department of
Education for providing primary, secondary, vocational or post-secondary
education. This definition shall not include privately operated, for-profit
schools of trade, vocation, avocation or business.
SERVICE BUSINESS
(1)
Commercial establishments providing a wide variety of services
for individuals, business and government establishments and other
organizations.
(2)
In determining the applicability of any specific use to this
definition, the Township shall be guided by the groupings utilized
in the federal Standard Industrial Classification Manual (most current
edition).
SHOPPING CENTER
A group of more than three commercial businesses developed
as a single entity and sharing a common parking lot.
SIGN
A structure that is arranged, intended, designed or used
to advertise, announce or direct; or any device, illustration, description
or identification posted, painted, or placed in some fashion on a
building, structure or any surface for such a purpose. For the purpose
of removal, "signs" shall also include all sign structures.
(1)
AWNING, CANOPY SIGNA sign consisting of individual, cut-out letters and/or symbols which are painted, stenciled, or otherwise placed on a nonpermanent awning or canopy.
(2)
FLASHING/ANIMATED SIGNAny illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times.
(3)
FREESTANDING SIGNA sign erected on a freestanding frame, mast or poles and not attached to any building. Also known as a "ground sign" or "detached sign."
(4)
IDENTIFICATION SIGNA sign indicating only the name of the individual or organization occupying the premises, the profession of the occupant, or the name and/or address of the building or management thereof.
(5)
MARQUEE SIGNA sign placed on or under the edge of any canopy of permanent construction projecting from the wall of a building.
(6)
OFF-LOT DIRECTIONAL SIGNA sign which conveys instructions or directions with respect to the use of the lot or building on which the sign is located, including but not limited to signs which indicate street addresses and the availability of parking, telephones, restrooms and other conveniences for the general public.
(8)
PROJECTING SIGNAny sign supported by a building wall and/or roof attached along one edge by a bracket perpendicular to the wall surface or hung from a support attached to a building wall, projecting no more than six feet.
(9)
WALL SIGNA sign attached to or erected against a wall of a building with the face horizontally parallel to the building wall.
(10)
WINDOW GRAPHIC SIGNA sign which is painted permanently on or similarly applied to the inside or outside of a window.
SIGN AREA
The area defined by the frame or edge of a sign. Where there
is no frame or edge to the sign, the area shall be defined by a projected,
enclosed, four-sided (straight sides) geometric shape which most closely
outlines the copy or letters of the said sign.
SIGN, TEMPORARY
A sign which offers the premises for sale, rent or development
or advertises the services of professionals or building trades during
sale, construction or alteration of the premises upon which the sign
is located.
SITE PLAN
A plan of a proposed development or use on which is shown
topography, location of all buildings, structures, roads, rights-of-way,
boundaries, all essential dimensions and bearings and any other information
deemed necessary by the Township or prescribed by this chapter.
SLOPE
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are expressed
in a percentage based upon vertical distance in feet per 100 feet
of horizontal distance.
SPECIAL EXCEPTION
Approval for a particular use, granted by the Zoning Hearing
Board, according to the provisions contained in this chapter.
STEPS
A construction or series of constructions placed for a foot
support to effectuate the ascending or descending of a person or persons
from one level of elevation to another.
STORAGE SHED
A small accessory structure, either wholly or partially enclosed,
serving for storage of tools, equipment, supplies or other similar
materials for safekeeping.
STORY
A story is that part of a building between the surface of
any floor and the next floor above it or, in its absence, then the
finished ceiling or roof above it. A "split level story" shall be
considered a second story if its floor level is six feet or more above
the level of the line of the finished floor next below it. Any floor
under a sloping roof at the top of a building which is more than two
feet below the top plate shall be counted as a story, and, if less
than two feet below the top plate, it shall be counted as a half-story.
A basement shall be counted as a story if it averages more than five
feet above finished grade.
STREET
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or other way, whether public or private, used
or intended to be used by vehicular or pedestrian traffic.
STREET GRADE
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
STREET LINE
The line defining the edge of the legal width of a dedicated
street right-of-way.
STREET TYPE
Streets may be classified according to the following:
(1)
STREET, ARTERIALStreets designed to carry high volumes of traffic from one area of the community to another or to link one community with another.
(2)
STREET, COLLECTORStreets designed to collect traffic from local streets and then to convey it to the major arterials.
(3)
STREET, LOCALStreets designed to serve only the traffic needs of and provide access to a limited area or neighborhood.
STRUCTURE
Any assembled, erected or constructed object having a stationary
location on or in land or water, whether or not it is affixed to the
land. This includes, but is not limited to, gazebos, storage sheds
or containers, freestanding posts, pillars and similar uses.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, transfer or ownership,
or building, or lot development; provided, however, that the division
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new structure or easement of access, shall be exempted.
SWIMMING POOL
A body of water in an artificial or semiartificial receptacle
or other container, whether located in or out of doors, used as a
recreational facility for swimming, bathing or wading and having a
depth of over 24 inches. A swimming pool shall be deemed to include
all building, equipment and appurtenances incidental to such a pool.
TAVERN
A business selling food and alcoholic beverages for consumption
on the premises and duly licensed by the Commonwealth of Pennsylvania.
TELECOMMUNICATION FACILITIES
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform, multipoint
or side-arm mounts and pipe mounts for microwave dish antennas.
TEMPORARY STRUCTURE OR USE
Any structure or use which, by the type of materials, construction
or intended purpose, is erected or located for not more than one year.
Included are tents, stands, construction trailers and other structures
or uses of similar character.
THEATER
An establishment, other than an adult movie theater or movie
house, inside a completely enclosed building devoted to showing motion
pictures and/or live dramatic or musical performances.
[Added 12-8-2015 by Ord.
No. 989]
TOWNHOUSE DWELLINGS
An attached, single-family dwelling consisting of a structure
with a series of three to six attached dwelling units separated from
one another by continuous vertical walls without an opening from basement
to roof.
TRAILER
A vehicular portable structure built on a chassis, designed
to be used as a temporary dwelling for travel and recreational purposes
having a body width not exceeding eight feet.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
VARIANCE
A waiver from the terms of this chapter, granted by the Zoning
Hearing Board in cases where a literal enforcement of provisions of
this chapter will result in unnecessary hardship due to special conditions
that are not self-imposed and are determined not to be contrary to
the public interest and the spirit and intent of this chapter.
VETERINARIAN OFFICE
An establishment owned and operated by a veterinary medical
doctor(s), certified in the Commonwealth of Pennsylvania, for the
medical or surgical treatment of domestic, agricultural or zoological
animals, but excluding the boarding of animals not subjected to medical
or surgical treatment.
[Added 12-8-2015 by Ord.
No. 989]
VIDEO GAME OR AMUSEMENT ARCADE
A business, or portion thereof, having on its premises for
use by the public more than five video or electromechanical devices
operated by inserting a coin or token.
WAREHOUSE
A building where wares or goods are stored before distribution
to retailers or are kept in reserve or bond.
WHOLESALE BUSINESS
Commercial establishments primarily engaged in selling merchandise
to retailers; to industrial, commercial, instructional, farm or professional
business users; to other wholesalers; or acting as agents or brokers
in buying merchandise for or selling merchandise to such persons or
companies.
YARD
An open space on a lot which is unoccupied and unobstructed
from the ground upward, except as otherwise provided herein. (See
illustrations.)
(1)
YARD, FRONTA yard extending along the full length of a front lot line and back to the required building line.
(2)
YARD, REARThe required open space extending from the rear of the main building to the real lot line (not necessarily a street line) across the entire width of the lot.
(3)
YARD, SIDEThe required open space between the side (face) of any building and the side lot line, extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed as a "side line."
ZONING OFFICER
The duly constituted official designated to administer and
enforce this chapter.
ZONING PERMIT
A permit issued by the Zoning Officer stating that the purpose
for which a building or land is to be used is in conformity with the
uses permitted and all other requirements of this chapter for the
zoning district in which it is located or is to be located.