A.Â
Language interpretations. For the purpose of this
chapter, certain words and phrases shall have the meaning assigned
to them, as follows:
(1)Â
Words used in the present tense include the future.
The singular number includes the plural and the plural the singular.
(2)Â
The words "shall," "will," and "must" are always mandatory
and directive.
(3)Â
The words "may" and "should" are permissive.
(4)Â
The word "lot" includes "plot."
(5)Â
Used; used for.
(a)Â
The phrase "used for" includes "arranged for,"
"designed for," "intended for," "maintained for," or "occupied for."
(b)Â
The word "use" and the word "used" refer to
any purpose for which a lot or land or part thereof is arranged, intended,
or designed to be used, occupied, maintained, made available or offered
for use; and to any purpose for which a building or structure or part
thereof is arranged, intended, or designed to be used, occupied, maintained,
made available, or offered for use, or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
(6)Â
The word "person" includes an individual, corporation,
partnership, incorporated association or any other similar entity.
(7)Â
The word "includes" or "including" shall not limit
the term to the specified example, but is intended to extend its meaning
to all other instances of like kind and character.
B.Â
Interpretations of regulations. Interpretation of the regulations of this chapter is intended, in addition to provisions of §§ 185-6 and 185-10, to be such that whenever these requirements are at variance with any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants as particularly refer to area and bulk regulations, and impose higher standards, the most restrictive requirement shall govern.
The following words and phrases shall have the
meaning assigned to them in this section, as follows:
A.Â
ADMINISTRATOR
BOARD OF SUPERVISORS
COMMISSION
PLANNING COMMISSION
TOWNSHIP
ZONING ADMINISTRATOR
ZONING HEARING BOARD
Municipality officers and agencies.
The Zoning Administrator of the Township.
The duly elected governing body of the Township.
The Planning Commission of Hanover Township.
The Planning Commission of Hanover Township.
Hanover Township, Northampton County, Pennsylvania.
The duly constituted municipal official designated to administer
and enforce this chapter.
[Amended 2-12-2002 by Ord. No. 02-01]
The Zoning Hearing Board of Hanover Township.
B.Â
COMPREHENSIVE PLAN
CONSTRUCTION STANDARDS
OFFICIAL MAP
ORDINANCE
STORMWATER MANAGEMENT ORDINANCE
SUBDIVISION ORDINANCE
ZONING ORDINANCE
Municipal documents.
The Hanover Township Comprehensive Plan, as amended.
Hanover Township Construction Standards, as amended.[1]
A map showing the exact locations of existing and proposed
public streets, watercourses and public grounds, as amended.
The Zoning Ordinance, as amended.[2]
The Stormwater Management Ordinance, as amended.[3]
The Hanover Township Subdivision and Land Development Ordinance,
as amended.[4]
The Hanover Township Zoning Ordinance of 1978, as amended,
including the Official Zoning Map.[5]
C.Â
ACADEMIC CLINICAL RESEARCH CENTER
ACCESSORY BUILDING
ACCESSORY USE or ACCESSORY
(1)Â
(2)Â
(3)Â
(4)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
(i)Â
ACTIVE ADULT RESIDENTIAL COMMUNITY
ACUTE CARE HOSPITAL
ADULT ENTERTAINMENT FACILITY
AGRICULTURAL OPERATION
AGRICULTURE
ALTERATION
ANIMAL HUSBANDRY
APIARY
BED-AND-BREAKFAST HOME
BEE
BETTING PARLOR
BEVERAGE/ BOTTLING WORKS
BILLBOARD
BREW PUB
BUILDER
BUILDING
BUILDING HEIGHT
BUILDING SETBACK LINE
BULK
CALL CENTER AND/OR TELEMARKETING FACILITY
CAREGIVER
CAR WASH
CELLULAR TELEPHONE
CENTRALIZED WATER SUPPLY
CERTIFIED MEDICAL USE
CLINICAL REGISTRANT
(1)Â
(2)Â
COMMERCIAL COMMUNICATIONS TOWER AND/OR ANTENNA
COMMONWEALTH
COMMUNITY BLOOD CENTER FACILITY
CONSUMER FIREWORKS
(1)Â
(2)Â
CONVENIENCE STORE
DAY-CARE CENTER
DEALER VEHICLE STORAGE FACILITY
DEVELOPER
DISPENSARY
DISPENSARY FACILITY
DISPLAY FIREWORKS
(1)Â
(2)Â
(3)Â
DISTILLERY
DISTRICT
DRIVE-IN SHOPPING
DWELLING UNIT OR DWELLING
DWELLING UNIT TYPES
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
ELECTRONIC CONTROLLED SIGN
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
ENLARGEMENT
FAMILY
FARM
FARMHOUSE
FENCE
FIREWORKS SALE FACILITY
FLOOD FRINGE
FLOOD (ONE-HUNDRED-YEAR FLOOD)
FLOODPLAIN
FLOODWAY
FLOOR AREA
FORESTRY
FORM OF MEDICAL MARIJUANA
GARAGE OR PARKING GARAGE
(1)Â
(2)Â
GASOLINE SERVICE STATION OR SERVICE STATION
GENERAL OFFICE
GROUP HOME
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
GROWER/PROCESSOR
GROWER/PROCESSOR FACILITY
HEDGE
HEIGHT OF BUILDING
HEIGHT OF TOWER
HOSPITAL OR MEDICAL CENTER
HOTEL
HOTEL CONVENTION CENTER
(1)Â
(2)Â
LANDOWNER
LIGHT INDUSTRIAL OR MANUFACTURING
LIMITED DISTILLERY
LIMITED SERVICE HOTEL AND MOTEL ESTABLISHMENT
LIMITED WINERY
LOT
(1)Â
(2)Â
(3)Â
LOT AREA
LOT COVERAGE
LOT LINES
(1)Â
(2)Â
(a)Â
(b)Â
(3)Â
LOT WIDTH
MEDICAL MARIJUANA
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
MEDICAL MARIJUANA FACILITY
MEDICAL OFFICE
MICROBREWERY
MINERALS
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOTEL OR HOTEL
MULTIPLE-FAMILY BUILDING
NONCONFORMING BUILDING OR STRUCTURE, LAND, USES
(1)Â
(2)Â
(3)Â
OFFICIAL TOWNSHIP MAP
OPEN SPACE
OWNER
PARKING
(1)Â
(2)Â
(3)Â
PLANTING STRIP
(1)Â
(2)Â
POSTSECONDARY SCHOOL
PRINCIPAL BUILDING
PRIVACY SCREEN
PRIVATE ENTERTAINMENT/RECREATION COMPLEX
PRIVATE SCHOOL
PROFESSIONAL PRACTICE OFFICE
PROPERTY/FACILITY MANAGEMENT BUSINESS
PROPERTY/FACILITY MANAGEMENT FACILITY
PUBLIC NOTICE
PUBLIC SEWAGE AND PUBLIC WATER
(1)Â
(2)Â
PUBLIC UTILITY
REGISTRY
RESIDENTIAL BUILDING
SERVICE SUPPORT AREA
SHOPPING CENTER/COMMERCIAL CENTER
SIGN
(1)Â
(2)Â
(3)Â
(4)Â
SIGNS, ADVERTISING, BUSINESS AND TEMPORARY
(1)Â
(2)Â
(3)Â
(4)Â
SMALL WIND-ENERGY SYSTEM
SOIL SURVEY
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR PANELS
SPECIALTY COFFEE SHOP
STORAGE BUILDING
STREET
(1)Â
(2)Â
STREET RIGHT-OF-WAY LINE OR STREET LINE
STRUCTURE
STRUCTURE HEIGHT
SUBDIVISION
TEMPORARY USE AND STRUCTURE
TOWNHOUSE
TREES
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
TRUCK TERMINAL
UNIFIED SITE PLAN
USE
WALL
WATER SUPPLY, CENTRALIZED
WELLNESS CENTER
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
(12)Â
(13)Â
(14)Â
(15)Â
(16)Â
WINERY
YARD
(1)Â
(2)Â
(3)Â
Other definitions.
An accredited medical school within this commonwealth that
operates or partners with an acute-care hospital licensed within this
commonwealth pursuant to the Act.
[Added 12-20-2016 by Ord.
No. 16-08]
A use conducted on the same lot as a principal
use to which it is related and located either within the same structures
or in an accessory structure or as an accessory use of land.
Clearly incidental to, and customarily found
in connection with, a particular principal use.
Either in the same ownership as such principal
use or operated and maintained on the same lot for the express benefit
of the owner, occupants, employees, customers or visitors.
One of, but not limited to, the following uses:
Residential accommodations for caretakers of
institutions and large commercial or industrial uses.
Keeping of domestic animals, such as dogs, cats,
or other household pets, and in districts where agriculture is permitted,
usual farm animals.
Domestic or agriculture storage customarily
found in a barn, shed, tool room or similar structure.
In connection with commercial or industrial
uses, the storage of goods normally carried in stock, used in, or
produced by such uses, unless such storage is expressly prohibited
under the applicable district regulations. The floor area used for
such accessory storage shall be included in the maximum floor area
permitted for the specified use.
The removal of loam, clay, sand, gravel or stone
in connection with the construction of a building or other structure
on the same lot, or in connection with the grading of the lot, for
sale or other purposes. This use shall be limited to the removal of
such excavated material above an elevation set one foot above the
official Township street grade.
Accessory off-street parking spaces, open or
enclosed, and accessory off-street loading berths.
Temporary and permanent signs.
Home occupation.
A small wind-energy system that conforms to Chapter 145, Small Wind-Energy Systems, of the Hanover Township Codified Ordinances.
[Added 5-26-2009 by Ord. No. 09-10]
A residential development that is age qualified in accordance with Federal Fair Housing Act regulations and in accordance with the provision of § 185-28.1 of this chapter, and which involves a unified development operated under common rules with private internal streets, landscaped areas along public streets, and private on-site recreational facilities. Only single-family dwellings and their community center and required recreation facilities shall be permitted within an active adult residential community.
[Added 3-22-2005 by Ord. No. 05-02]
An institution providing primary health services and medical
and surgical care to persons, primarily inpatients, that includes
care requiring overnight stays, and including, as an integral part
of the institution, related facilities such as laboratories, outpatient
facilities or training facilities.
[Added 9-25-2007 by Ord. No. 07-15]
An establishment open to the general public excepting minors
under the age of 18, including, but not limited to, an adult book
store, adult theater and any other facility whose purpose is to provide
adult entertainment.
[Added 11-14-2006 by Ord. No. 06-10]
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural, apiary,
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities, bees,
bee products or commodities produced consistent with practices and
procedures that are normally engaged in by farmers or consistent with
technological development within the agricultural industry.
[Added 11-20-2001 by Ord. No. 01-12;
amended 2-24-2009 by Ord. No. 09-02]
The cultivation of soil and the raising and harvesting of
products of the soil, including, but not limited to, nursery, horticulture,
forestry and animal husbandry.
[Amended 2-24-2009 by Ord. No. 09-02]
The breeding, care and production of farm animals, beekeeping,
livestock and poultry.
[Amended 2-24-2009 by Ord. No. 09-02]
Any place where one or more colonies or nuclei of bees are
kept.
[Added 2-24-2009 by Ord. No. 09-02]
A private, single-family detached dwelling unit which provides
overnight sleeping accommodations and bathroom access for not more
than eight temporary guests at one time and provides breakfast (but
no other meals or cooking or kitchen facilities or access) to guests
for a per-night charge, provided that individual guests do not stay
longer than seven days.
[Added 7-26-2005 by Ord. No. 05-09]
Any stage of the common hive or honeybee (Apis mellifera)
or other species of the genus Apis.
[Added 2-24-2009 by Ord. No. 09-02]
An indoor establishment in which legal betting activities,
authorized by statute, are conducted, including pari-mutuel wagering
activities but excluding "games of chance" under the Local Option
Small Games of Chance Act, 10 P.S. § 311 et seq. The term
shall specifically include "nonprimary locations" as defined in the
Race Horse Industry Reform Act, as amended, 4 P.S. § 325.101
et seq.
[Amended 2-12-2002 by Ord. No. 02-01]
Manufacturing and packaging of ready-to-drink (nonalcoholic)
beverages such as carbonated soft drinks, water, flavored water, sparkling
water, fruit juices, coffee, tea and similar beverages.
[Added 2-23-2021 by Ord. No. 21-1]
See the definition of "sign, advertising" of this section.
A billboard shall be any advertising sign with a total sign area greater
than 30 square feet.
A retail establishment with on-premises consumption of malt
and brewed beverages produced on the premises or on real property
immediately adjacent to the premises or at a remote location where
the brew pub owner also has an ownership interest in the microbrewery
that produces the malt and brewed beverages being consumed at the
brew pub. The brew pub must be licensed by the Pennsylvania Liquor
Control Board and any successor agency of the commonwealth.
[Added 11-22-2016 by Ord.
No. 16-06; amended 5-9-2017 by Ord. No. 17-05]
The owner, developer, or agent of an owner engaged in the
construction of any building or structure.
Any structure which is permanently affixed to the land, which
has one or more floors or stories enclosed by walls and a roof, and
which is bounded by either lot lines or yards. A building shall not
include a mobile home, or trailer, nor such structures as billboards
or fences.
The vertical distance from the average finished grade level
of the ground immediately adjacent to the building to the highest
point of the roof.
The line within a lot or property defining the minimum required
distance between the principal building and an adjacent right-of-way
or lot line.
The size of buildings or other structures and their relationship
to each other, to required yards, and to lot lines.
Any building or facility or part thereof where the majority
of employees are engaged in the business of providing customer service,
and/or marketing of goods and services through the use of a telephone.
[Added 2-19-2002 by Ord. No. 02-02]
The individual designated by a patient to deliver medical
marijuana.
[Added 12-20-2016 by Ord.
No. 16-08]
A car wash is any structure containing either an automated
train-driven facility or one or more self-service bays, for the washing
and waxing of automobiles, which shall specifically not include the
washing and waxing of trucks and/or trailers.
A system providing portable telephone service to specific
subscribers.
See "water supply, centralized."
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth pursuant
to the Act.
[Added 12-20-2016 by Ord.
No. 16-08]
An entity that:
[Added 12-20-2016 by Ord.
No. 16-08]
Holds a permit both as a grower/processor and a dispensary pursuant
to the Act; and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
A structure used for transmitting or retransmitting commercial
signals including, but not limited to, electronic signals. Commercial
communications antenna shall include, but is not limited to, antenna
used for transmitting commercial radio or television signals, or to
receive such signals for a cable system or for transmitting telephone
communications or personal service communications.
The Commonwealth of Pennsylvania.
[Added 12-20-2016 by Ord.
No. 16-08]
A facility duly licensed as a blood bank by the Department
of Public Health of the Commonwealth of Pennsylvania pursuant to the
Pennsylvania Blood Bank Act, Act of December 6, 1972, P.L. 1614, as
amended, 35 P.S. § 6501 et seq., and duly licensed as a
blood center by the Food and Drug Administration engaging in the collection,
testing, processing, storing, transfusing and/or distribution of human
blood, blood components and by-products, medical laboratory testing
of human tissue, blood and blood components, the education of the
general public and the medical community in matters relating to human
blood and blood banking, and/or the provision of blood-related services,
obtaining blood and blood components through the voluntary donations
of human blood, and blood components from the general public of the
geographic area served (which includes the Township) and making available
human blood, blood components and blood by-products to the general
public of the geographic area served (which includes the Township)
through hospitals, medical or health facilities, physicians or other
providers of health care.
[Added 11-27-2018 by Ord. No. 18-08]
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (relating to commercial practices) or any successor regulation
and complies with the provisions for "consumer fireworks" as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout the Township.
The term does not include devices such as "ground and handheld
sparkling devices," "novelties" or "toy caps" in APA 87-1 or any successor
standard, the sale, possession and use of which shall be permitted
at all times throughout the Township.
A retail store selling principally food (including prepared
food for consumption off of the premises), general household products
and sundries having a gross sales floor area not exceeding 6,000 square
feet and having extended hours of operation intended for the convenience
principally of those living or working within a radius of three miles
from the store, but which may also service transient traffic. A convenience
store may include the sale of gasoline fuel products as an accessory
use.
Any profit or nonprofit use or building which provides care
for four or more children or adults on a regular basis, during a portion
of the day or night, for the purpose of relieving the individual's
legal guardian of that care responsibility. A day-care center is not
a school or church, nor is it a permissible accessory use of a school
or church, nor is it a permitted accessory use of a residence.
An accessory, off-site parking area utilized by an automobile
sales and service agency for the temporary storage prior to sale of
new and preowned automobiles and light trucks.
[Added 10-22-2019 by Ord.
No. 19-08]
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit issued by the Department of Health
(DOH) of the commonwealth to dispense medical marijuana pursuant to
the provisions of the Act.
[Added 12-20-2016 by Ord.
No. 16-08]
Any building or structure used to dispense medical marijuana
by a licensed dispensary.
[Added 12-20-2016 by Ord.
No. 16-08]
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to:
[Added 11-27-2018 by Ord.
No. 18-08]
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table).
Includes any premises or plant wherein alcohol or liquor
is manufactured, made and distilled from raw materials, blended or
rectified, or any place wherein alcohol or liquor is produced by any
method suitable for the production of alcohol for human consumption
under such regulations as are or may be promulgated by a proper agency
of the United States Government. The term shall not include a winery
where alcohol is derived from by-products of wine production by distillation
for the sole purpose of adding to the fermented products to fortify
the same.
[Added 5-9-2017 by Ord.
No. 17-05]
A zoning district as defined by this chapter and the Zoning
Map.[6]
A shopping facility that allows customers to access sales
or services without leaving their motor vehicles. Drive-in shopping
shall be designed as an accessory use subordinate to a traditional
shopping facility.
[Added 4-28-2009 by Ord. No. 09-09]
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
SINGLE-FAMILYA single-family dwelling unit, excluding mobile homes, which occupies the structure from ground to roof with independent access, services, and use of land.
DETACHEDEach structure has open yard on all four sides.
SEMIDETACHEDOne wall of each structure is a party wall in common with an adjoining structure, and with independent access to each structure.
ATTACHEDMore than one wall are party walls except for end structures. A maximum of eight dwelling units shall be attached in one structure.
GARDEN APARTMENTSStructures containing one or two stories of dwelling units, in which not more than four dwelling units per floor are serviced by one staircase.
A sign that is capable of being programmed for timed alteration
of a message display which is controlled electronically, and provided
the following conditions are complied with:
[Added 1-22-2008 by Ord. No. 08-02]
The message display shall not change more than
once every 60 minutes unless being controlled by a government agency
for emergency purposes;
Message display shall change as quickly as possible,
without fading in/out, scrolling or any form of animation;
Sign shall incorporate an automatic brightness
control system that automatically adjusts the display brightness and
intensity to an appropriate level for existing ambient light conditions.
Failure of the ambient light sensing circuitry shall result in the
sign setting display intensity to the minimum level;
Sign shall utilize a nonglare face combined
with flat-color borders and backgrounds to prevent any reflection
of low-level sunlight or approaching vehicle headlamps;
Sign shall incorporate a sign display failsafe
feature that shall completely power down the display if the display
panel features malfunction;
Sign shall not display a color that could be
mistaken for a traffic signal; and
The company controlling the sign shall join
the Pennsylvania Emergency Managers Network and/or be NTCIP compatible
for remote interface for a government agency to take control of the
sign in an emergency.
An addition to the floor area of an existing building, an
increase in size of a structure, or an increase in that portion of
a tract of land occupied by an existing use.
An individual living as a single housekeeping unit, a number
of persons related by blood, marriage or legal adoption living together
as a single housekeeping unit or residents of a "group home" (as defined
herein) living together as a single housekeeping unit.
[Amended 9-27-2011 by Ord. No. 11-10]
A parcel of land at least 10 acres in size devoted to one
or more of the following:
(Includes tenant house.) Any dwelling incidental to the operation
of a farm as defined herein.
(See also "hedge" and "wall.") An enclosure or enclosing
barrier intended to prevent intrusion, or for the purpose of protection
from potential danger. Constructed of wood, metal or other materials
permitting clear vision around and through the completed installation.
Fence shall not include privacy screen(s).
A facility where consumer fireworks are available for retail
sale.
[Added 11-27-2018 by Ord.
No. 18-08]
That portion of the floodplain outside the floodway.
A flood which, on the average, is likely to occur once in
every 100 years (i.e., it has a one-percent chance of occurring each
year, although the flood may occur in any year); for the purposes
of this chapter, the regulatory flood.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
The sum of the gross area of all floors of a building.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
[Added 11-20-2001 by Ord. No. 01-12]
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variant and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 12-20-2016 by Ord.
No. 16-08]
A building or part thereof used for the storage or parking
of one or more automobiles.
PRIVATE GARAGE or PRIVATE PARKING GARAGEAn accessory structure, either attached or separate to a principal building, used by inhabitants of a dwelling unit for the storage of automobiles.
PUBLIC GARAGE or PUBLIC PARKING GARAGEA structure or accessory structure used for the temporary storage of motor vehicles.
An area of land together with structures thereon used for
the retail sale of motor fuel and/or lubricants and incidental services,
if any, such as motor vehicle inspection, lubrication, sale and installation
of tires, batteries or other automotive accessories and minor repairs
to motor vehicles.
The use of a building or part of a building by a corporation
or other business entity or person for the day-to-day management,
administration, clerical functions, financial transactions, bookkeeping,
and other functions of a business. Specifically excluded from "general
office" are professional practice office uses, retail sales, the display
of any merchandise, and the keeping or storage of any equipment intended
for off-site use.
[Added 10-28-2014 by Ord. No. 14-08]
A dwelling unit, which meets all of the following criteria:
[Added 9-27-2011 by Ord. No. 11-10]
Involves persons functioning as a common household;
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed in an institution,
because of physical disability, old age, mental retardation/developmental
disability or other "handicap" as defined by the applicable federal
law. The 1991 Amendment to the Federal Fair Housing Act defined "handicap"
as follows: "1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2) a record
of having such an impairment, or 3) being regarded as having such
an impairment, but such term does not include current illegal use
of/or addiction to a controlled substance as defined in Section 802
of Title 21." This definition was subsequently adjusted by the Americans
With Disabilities Act in regards to substance abuse;
Does not meet the definition of "treatment center" or a "dormitory";
Does not involve the housing or treatment of persons who could
reasonably be considered a "threat to the physical safety of others."
Should the Township believe that a person constitutes such a threat,
the Northampton County Department for Mental Health and Mental Retardation
shall make said determination of whether a person can be reasonably
considered a "threat to the physical safety of others"; and
Meets the standards of § 185-22I.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit from the DOH to grow and process
medical marijuana in the commonwealth, pursuant to the provisions
of the Act.
[Added 12-20-2016 by Ord.
No. 16-08]
Any building or structure used to grow medical marijuana
by a licensed grower/processor that has a current and valid license
from the DOH pursuant to the Act.
[Added 12-20-2016 by Ord.
No. 16-08]
(See also "fence" and "wall.") Plant life material used as
a separator for a privacy screen.
See "building height."
The overall height of the commercial communications tower
and/or antenna from the base of the tower and antenna to the highest
point of the tower and/or antenna, including, but not limited to,
antennas, transmitters, satellite dishes or any other structures affixed
to or otherwise placed on the tower and/or antenna. If the base of
the tower and/or antenna is not on ground level, the height of the
tower and/or antenna shall include the base of the building or structure
to which the tower and/or antenna is attached.
An institution providing primary health service and medical
and surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
[Amended 7-26-2005 by Ord. No. 05-09]
See "motel."
A building or group of buildings which includes:
[Added 7-24-2007 by Ord. No. 07-11]
Accommodations for transient guests, without
regard to whether the building or group of buildings contains one
or more dwelling units; and
Facilities for trade, consumer and recreational
shows, expositions, meetings, conferences, banquets, with or without
food, and live entertainment events, concerts or similar events, but
excluding betting parlors.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition); a lessee, if he is
authorized under the lease to exercise the rights of the landowner,
or any other person having a proprietary interest in the land.
[Amended 2-12-2002 by Ord. No. 02-01]
Any industry or manufacturing facility which is not detrimental
to the environment in which it is located by reason of the emission
of smoke, noise, odor, dust, vibration or excessive light, beyond
the limits of its lot, and which does not include any open storage
yards or outdoor processing of materials.
A distillery that produces less than 100,000 gallons of distilled
liquid per year and has the right to sell bottled liquors on the leased
premises to Liquor Control Board licensees and the public.
[Added 5-9-2017 by Ord.
No. 17-05]
A building or group of buildings, whether detached or in
connected units, used as sleeping or dwelling units.
A winery with a maximum output of 200,000 gallons per year.
[Added 5-9-2017 by Ord.
No. 17-05]
One of the following:
A lot of record existing at the effective date
of this chapter.
A tract or parcel of land, either unsubdivided
or consisting of two or more contiguous lots of record, located within
a single block, which, on the effective date of this chapter or any
applicable amendment thereto, was in single ownership.
Sublot. A lot shown on an approved subdivision
plan that is not large enough for building or land development by
itself without merging with adjacent land.
The total projected horizontal area of a lot, but excluding
space within all dedicated or recognized Township streets or rights-of-way,
and within all permanent drainage easements, or within a floodway
or a flood fringe, but including the areas of all other easements.
[Amended 2-12-2002 by Ord. No. 02-01]
A percentage which, when multiplied by the lot area, will determine the total building and surfaced area permitted. In all districts, "lot coverage" shall mean any surfaced area other than plant life or water surface; provided, however, that "lot coverage" shall include the entire water surface area of completed swimming pools pursuant to § 176-4B, of Chapter 176, Water Hazards, Exposed.
[Amended 2-12-2002 by Ord. No. 02-01]
FRONT LOT LINEThe street line separating the lot from the street, highway or road right-of-way.
REAR LOT LINEAny lot line, except the front lot line, which parallels (within 45°), but does not intersect any street line.
When any alley exists at the rear of the lot,
the rear lot line shall coincide with the recorded boundary of such
alley as shown on the Township's tax maps.
In the case of a corner lot, where no separate
rear lot line exists, the owner (builder) must designate a side lot
line as a rear lot line.
SIDE LOT LINEAny lot line not a front lot line or a rear lot line.
The horizontal distance between the side lot lines, measured
along the building setback line and parallel to the front lot line.
Marijuana for certified medical use as legally permitted
by the commonwealth and the provisions of the Act.
[Added 12-20-2016 by Ord.
No. 16-08]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more grower/processor facilities
and/or dispensary facilities.
[Added 12-20-2016 by Ord.
No. 16-08]
A dispensary facility or a grower/processor facility.
[Added 12-20-2016 by Ord.
No. 16-08]
A building used primarily by physicians and dentists for
treatment and examination of patients, provided that no overnight
patients shall be kept on the premises.
[Added 7-26-2005 by Ord. No. 05-09]
A facility for the production, packaging and sampling of
malt beverages of alcoholic and/or nonalcoholic content for retail
or wholesale distribution, on or off the premises, and which produces
less than 15,000 gallons of malt beverages per year.
[Added 11-22-2016 by Ord.
No. 16-06; amended 5-9-2017 by Ord. No. 17-05]
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat, and crude oil and natural gas.
[Added 11-20-2001 by Ord. No. 01-12]
A transportable dwelling, office, or place of assembly contained
in one unit, or in two units designed to be joined into one integral
unit capable of again being separated for repeated towing, which arrives
at the site complete and ready for occupancy except for minor and
incidental unpacking and assembly operations, and constructed so that
it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
A building or group of buildings, whether detached or in
connected units, used as sleeping or dwelling units designed, used,
or constructed for transient occupancy.
A building designed, arranged, or used by two or more families
living independently of each other as separate housekeeping units.
NONCONFORMING BUILDING OR STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore 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 LANDAny otherwise lawful lot which does not conform to one or more of the applicable area regulations of the district in which it is located, either on the effective date of this chapter or as a result of a subsequent amendment thereto.
NONCONFORMING USESA use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore 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 reason of annexation.
Publicly owned parks, tree lines, woods, drainage swales,
floodplains, and recreation areas. In multiple-family developments,
open space may also include open areas intended for the use of all
the residents within the specified development, excluding driveways,
parking areas and streets.
See "landowner."
PARKING AREAA lot or part thereof comprised of parking spaces used for the parking of motor vehicles, with or without the payment of rent or other charges.
PARKING SPACESA space intended for one automobile with the minimum dimensions of 10 feet by 18 feet for residential use and commercial use parking, and nine feet by 18 feet for employment use parking. To qualify as a parking space, this space shall have a surface which is dustless and all-weather. A parking space may be enclosed; it is then known as a "garage."
HANDICAPPED PARKING SPACESA parking space with the minimum dimensions of 12 feet by 20 feet, intended for one vehicle. These minimum dimensions will be the same for residential, commercial and employment uses, and these spaces shall be designated as handicapped parking spaces.
SIDE AND/OR REAR PLANTING STRIPA side or rear perimeter area within a lot, planted in accordance to Chapter 67, Construction Standards, and maintained in continuously good order.
FRONT YARD PLANTING STRIPA front perimeter area within a lot planted with trees and shrubbery and maintained in continuously good order in such a manner as to form a year-round green strip of vegetation.
Any private postsecondary school or institution operated
other than by a public body and which includes colleges, universities,
junior colleges, career schools, technical schools and vocational/trade
schools which offer classes, courses or training and postsecondary
education or training.
[Added 10-14-2008 by Ord. No. 08-10A]
The main building on the lot as designated by the Zoning
Administrator.
The structure as more specifically defined under § 185-25C(4)(a) et seq. of this chapter, including the requirements contained therein.
A building or group of buildings designed, intended or used
primarily for athletic events and other performances, including live
entertainment events, and containing seating for spectators of these
events, concerts and similar events, but specifically not including
betting parlors.
[Added 7-24-2007 by Ord. No. 07-11]
Any state accredited elementary, middle, junior high, high
or senior high school operated by other than a public body and any
nursery school operated by other than a public body. "Private school"
includes parochial school and includes any nursery school or other
private school operated by any church or religious organization. "Private
school" does not include religious meetings and/or educational facilities
that may be used by any one group or class on a weekly or biweekly
basis, when such facilities are accessory to a church or other place
of worship.
An office occupied by a person or persons (together with
related staff) who have received professional training, to include
doctors, dentists, lawyers, engineers, architects, certified public
accountants, psychologists and similar occupations.
[Added 7-26-2005 by Ord. No. 05-09]
A business that operates to maintain and manage facilities
and properties owned by others. Principal operation may include some
or all of the following: grass, tree and landscape maintenance and
management; landscape design and construction; snow and ice removal;
asphalt repair and maintenance; building repairs and maintenance;
painting and other similar work.
[Added 10-22-2019 by Ord.
No. 19-07]
A facility from which a property/facility management business
operates and may include office space, fitness areas and similar amenities
for employee use, garage space and storage space. The facility may
also include the storage of landscape and hardscape materials and
supplies; plant and landscape nursery, including greenhouses; storage
of yard waste and composting material; outdoor storage, washing and
fueling of vehicles and equipment owned or used in the operation of
the business.
[Added 10-22-2019 by Ord.
No. 19-07]
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 or less than seven days from the date
of the hearing.
[Amended 2-12-2002 by Ord. No. 02-01]
PUBLIC SEWAGE or PUBLIC SEWAGE SYSTEMA sewage disposal system or parts thereof owned, leased from, or operated by a municipality or public authority.
PUBLIC WATER or PUBLIC WATER SUPPLYA water supply or parts thereof owned, leased from, or operated by a municipality or public authority.
A utility as defined under the Pennsylvania Public Utility
Code, as amended, and which has obtained a certificate of public convenience
from the Pennsylvania Public Utility Commission and which currently
is in good standing.
The registry established by the DOH for all medical marijuana
organizations and practitioners in the commonwealth pursuant to the
provisions of the Act.
[Added 12-20-2016 by Ord.
No. 16-08]
Any building designed, constructed, or used for residential
purposes.
An area of personal service shops, restaurants (excluding
drive-in restaurants), convenience stores and/or health clubs intended
to serve both the employees of the offices and other permitted uses
and the surrounding community.
A group of commercial establishments, planned and developed
as a unit related in location, size, and type of shops to the trade
area which the unit serves; it provides on-site parking in definite
relationship to the types and sizes of stores.
Any letter, word, model, picture or device intended as an
announcement, direction, advertisement, or intended to convey information
or attract attention.
A sign includes those in window display areas,
sign frames, billboards, sign boards, painted wall signs, hanging
signs, flashing signs, illuminated signs, pennants, fluttering and
rotating devices, string of lights and similar devices.
A sign does not include property number designations
not exceeding one square foot in area, mailboxes, official flags and
insignias of any government or governmental agency, or of any political,
charitable, civic or religious organization unless when displayed
in connection with a commercial promotion of any type.
A sign does not include legal notices, identification,
informational or directions signs erected or required by governmental
bodies.
A sign does not include notices of less than
four square feet devoted entirely to prohibiting trespassing, hunting,
or fishing.
[Amended 1-22-2008 by Ord. No. 08-02]
SIGN, ADVERTISINGA sign offering goods or services produced or available somewhere other than the lot on which the sign is located. See also the definition of "billboard" in this section.
SIGN, BUSINESSA sign offering goods or services available on the lot on which the sign is located.
SIGN, TEMPORARYA business sign offering premises for sale, rent, or development, or a business sign advertising the services of a building trade, contractor and similar occupations during alterations, construction or development of a building or lot.
SIGN, BANNERA temporary cloth, fabric or vinyl type of sign that is used for promotional purposes.
All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, storage, electrical collection and supply equipment,
transformers and one or more wind turbines or windmills, which have
a combined total rated nameplate capacity of 100 kilowatts (kW) or
less.
[Added 5-26-2009 by Ord. No. 09-10]
A scientific survey of soil conditions and characteristics
prepared by a registered professional engineer or soil scientist,
or prepared by the Soil Conservation Service or its agent.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
[Added 8-24-2010 by Ord. No. 10-06]
Any solar collector or other solar energy device, or any
structural design feature whose primary purpose is to provide for
the collection, storage and distribution of solar energy for space
heating or cooling, for water heating or for electricity that may
be mounted on a building or on the ground and is not the primary use
of the property.
[Added 8-24-2010 by Ord. No. 10-06]
A solar photovoltaic panel, solar hot air or hot water panel
collector device, or other type of solar energy system which relies
upon solar radiation as a source for the generation of electricity
or transfer of stored heat.
[Added 8-24-2010 by Ord. No. 10-06]
An establishment of no more than 2,000 square feet gross
area, engaged principally in the sale of coffee and other hot beverages
(all nonalcoholic) for consumption on the premises or for carry-out,
which may also include the sale of a limited number of food items
associated with hot beverages.
[Added 7-26-2005 by Ord. No. 05-09;
amended 8-9-2005 by Ord. No. 05-10]
Any building or structure whose exterior elevation view,
as viewed from any side, contains more than 30% of the perimeter linear
feet of wall as doors, at or near ground level and whose primary purpose
is short- or long-term storing or warehousing.
A strip of land including the entire right-of-way (not limited
to the cartway or traveled portion). "Street" includes street, avenue,
boulevard, road, highway, freeway, parkway, lane, alley, viaduct,
and any other ways used or intended to be used by vehicular traffic
and pedestrians, whether public or private. A street includes any
publicly used cartway, so shown on the Official Township Map.
ARTERIAL STREETA street or road which is so designated by the Township Engineer or designated on the Township of Hanover Official Map, and which has a minimum right-of-way width of 100 feet and minimum paving width of 38 feet and is designated to carry traffic to and from local and collector streets.
EXPRESSWAYS.R. 0022 and any of its associated access and egress ramps.
A dividing line (commonly known as a "right-of-way line")
between a lot and a street or a boundary of a publicly used cartway
as shown on the Official Township Map or the proposed right-of-way
as shown on this map, whichever is more restrictive.
Any man-made object or building having an ascertainable stationary
location on land or water, whether or not affixed to the land, including
parking lots, parking spaces and driveways.
Vertical distance from grade level to the highest point of
the structure.
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, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
[Amended 2-12-2002 by Ord. No. 02-01]
A use and structure established for a limited duration to
be discontinued upon the expiration of the time period. Temporary
uses usually do not involve the construction or alteration of any
permanent building or structure.
[Added 11-27-2018 by Ord.
No. 18-08]
A single-family dwelling unit which shares one or more common
walls, or parts thereof, with another single-family dwelling unit.
SHADE TREEAny deciduous tree as specified on a shade tree list which is approved, from time to time, by resolution of the Board of Supervisors (or any tree which is otherwise approved by the Board of Supervisors) and is located within:
STREET TREEAny shade tree located within the right-of-way of any public street or adjacent thereto in a planting easement, or that part of any tree, shrub or other woody plant which extends within the right-of-way of any public street.
EXISTING TREEAny live deciduous tree with a trunk of four inches or more in diameter when measured at 41/2 feet above the ground and not otherwise classified and regulated as a shade tree and/or street tree in this chapter.
TREE DRIPLINEThe line on the ground marking the horizontal limit of the branches of the tree.
WOODLANDSA parcel of land or portion of a lot that is covered with existing trees, as determined by the limit of their dripline, and meeting or exceeding the following area and density of trees:
Any building or structure whose exterior elevation view,
as viewed from any side, contains more than 30% of the perimeter linear
feet of wall as doors, at or near ground level and whose primary purpose
is short- or long-term storing or warehousing or transferring of products
or goods, primarily delivered by trucks.
Plan depicting an entire development within a Planned Industrial/Business
District, a Planned Office, Research and Residential District, an
Office and Institutional District or the commercial districts, which
is intended to be initially developed, either at one time or in phases,
by a single owner or by a group of related entities, which plan may
be supplemented and amended from time-to-time to add additional land
to the development or to modify the elements of such development.
Any purpose for which a building or other structure or a
tract of land is designed, arranged, intended, maintained or occupied.
A use is also any activity, occupation, business, or operation carried
on, or intended to be carried on, in a building or other structure
or a tract of land.
(See also "fence" and "hedge.") A work or structure intended
for security or privacy from outside intrusion. Constructed of stone,
brick or other materials forming a solid enclosure.
The Westgate Hills Water Company or the Village View Gardens
Water Company.
A facility designed to promote health awareness and maintenance
through a variety of programs and services tailored to a range of
individual needs in which any combination of the following activities
are provided:
[Added 11-14-2006 by Ord. No. 06-10;
amended 3-13-2007 by Ord. No. 07-04]
Individual or group counseling.
Individual or group instruction on physical
fitness and nutrition education.
Nutritional consultation.
Stress management.
Classes on personal hygiene.
Other similar noninvasive health-related activities.
Physical therapy.
Massage therapy.
Cardiac habilitation therapy.
Fitness exercises.
Weight training.
Aerobics and other exercise programs.
Similar therapy or exercise activities.
Medical practice offices.
Retail shops, restaurants and specialty coffee
shops, provided that such uses shall be limited to 25% of the total
floor area of the permitted use and shall not exceed a combined total
of 10,000 square feet of floor area.
Conference rooms.
Includes any premises and plants where any alcohol or liquor
is produced by the applicable process by which wine is produced, or
premises and plants wherein liquid such as wine is produced; and shall
include the manufacture by distillation of alcohol from the by-products
of fermentation when the alcohol so derived is used solely to fortify
the fermented products, under such regulations as are or may be promulgated
by a proper agency of the United States Government, and such alcohol,
for that purpose only, may be sold or exchanged between wineries holding
permits in this commonwealth, without restriction.
[Added 5-9-2017 by Ord.
No. 17-05]
That portion of a lot which is unoccupied and open to the
sky between the street right-of-way line or lot line and a required
building setback line.
YARD, FRONTA yard extending along the full length of the front lot line or street right-of-way line; the more restrictive line shall govern actual location of building setback line.
YARD, REARA yard extending along the full length of the rear lot line.
YARD, SIDEA yard extending along the full length of all side lot lines between the required front and rear yards.