A.Â
For the purpose of this chapter, certain terms and words are defined within § 355-11. The following guidelines should be applied when interpreting the definitions:
(1)Â
Words used
in the present tense shall include the future tense.
(2)Â
Words in
the singular shall include the plural, and words in the plural shall
include the singular.
(3)Â
Words in
the masculine shall include the feminine and the neuter.
(4)Â
The word
"shall" or "must" is mandatory.
(5)Â
The word
"may" is permissive and the word "will" is directory.
(6)Â
The word
"person" includes "individual," "corporation," "partnership," "organization,"
"association," "trust," or other similar entities.
(7)Â
The words
"used for" include "designed for," "arranged for," "intended for,"
"maintained for," or "occupied for."
(8)Â
The word
"building" shall be construed as if followed by the phrase "or part
thereof."
B.Â
Any word or term
not defined herein shall be used with a meaning of standard usage.
Terms or words used in this chapter, unless
otherwise expressly stated, shall be construed as defined below. When
terms, phrases or words are not defined, they shall have their ordinarily
accepted meanings or such as the context may imply.
Any vehicle lacking an effective state license, inspection
sticker and/or not complying with the provisions of the Muhlenberg
Township Code.
The state of being side by side, next to or adjoining one
another.
An improved cartway or paved service road designed to provide
vehicular access between the public road and the off-street parking
area for the designated use.
A clearly defined point of ingress and egress for vehicles
at the street line.
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
use.
A subordinate use of a portion of a lot which is customarily
incidental to the main or principal use of land or of a building on
a lot.
Forty-three-thousand, five-hundred sixty square feet.
The Pennsylvania Municipalities Planning Code, as amended.[1]
The Pennsylvania Municipalities Planning Code, as amended.
A special overlay district established to permit the planned reuse, division and/or redevelopment of existing buildings, structures and land areas within certain zoning districts, subject to the requirements of § 355-37 of the Muhlenberg Township Code.
The state of being side by side, next to or adjoining one
another.
An establishment primarily engaged in overall management
and supervisory functions, such as executive, personnel, finance,
legal and sales activities, typically performed in a single location
or building for other branches or divisions of the same company.
The average number of vehicles that pass over a given point
per day.
Any adult arcades, adult bookstore, adult cabaret, adult
theater, adult mini motion-picture theater, adult novelty stores,
adult video stores, escort agencies, nude model studios, sexual encounter
centers, or other similar adult business uses or adult entertainment
uses, which, under the provisions of the Muhlenberg Township Code
and the State Obscenity Code, as amended, must exclude minors or may
not knowingly disseminate to minors. The following subdefinitions
shall apply to adult business uses or adult entertainment uses:
ADULT ARCADE or MINI-MOTION-PICTURE THEATERAn enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons within private viewing booths and/or by use of token- or coin-operated viewing booths and/or by use of token- or coin-operated projectors or other video machines, as defined by the Muhlenberg Township Code and/or the State Obscenity Code, as amended.
ADULT BOOKSTORE and/or ADULT NOVELTY STOREA commercial establishment having as a substantial or significant portion of its stock-in-trade (for sale or rental) books, magazines, periodicals photographs, films, videos, motion pictures, slides or similar materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined by the Muhlenberg Township Code and/or the State Obscenity Code, as amended. An adult bookstore and/or adult novelty store may include the sale of instruments, devices, novelties or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARETA nightclub, bar, club, restaurant, tavern, theater, or similar commercial establishment which features persons who appear in the state of nudity or seminudity, live performances which are categorized by the exposure of specified sexual activities or specified anatomical areas, and/or films, motion pictures, videocassettes, slides, or other photographic reproductions which are categorized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENTAn adult business use and/or an adult entertainment use, as permitted under the Muhlenberg Township Code.
ADULT THEATERA theater, concert hall, auditorium, business, or similar commercial establishment which features persons who appear in the state of nudity or seminudity, live performances which are categorized by the exposure of specified sexual activities or specified anatomical areas, and/or films, motion pictures, videocassettes, slides, or other photographic reproductions which are categorized by the depiction or description of specified sexual activities or specified anatomical areas.
A unified planned residential development servicing the housing,
personal needs and care of residents who are generally 55 years of
age or older and as further defined in this chapter of the Code.
The cultivation of the soil and the raising and harvesting
of the products of the soil, including but not limited to nursery,
horticulture, forestry and animal husbandry. This chapter outlines
the limitations for general agricultural activities. These limitations
shall not disrupt any of the rights and privileges established under
the Pennsylvania Agricultural Security Act, the Right to Farm Law,
the Nutrient Management Law, and the Agriculture Communities and Rural
Environment (ACRE) Law.
Specialized agricultural activities, including but not limited
to mushroom, egg and poultry production, and dry lot livestock production,
which due to the intensity of production or raw material storage needs
necessitate special control of operation, raw material storage and
processing, and disposal of liquid and solid wastes. Intensive agricultural
activities shall also include general agricultural activities exceeding
the standards and specifications outlined under this chapter of the
Code. This chapter also outlines the limitations for intensive agricultural
activities. These limitations shall not disrupt any of the rights
and privileges established under the Pennsylvania Agricultural Security
Act,[2] the Right to Farm Law,[3] the Nutrient Management Law,[4] and the Agriculture Communities and Rural Environment
(ACRE) Law.
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 and
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 produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
A special overlay of land, water and air space, as originally established in March of 1981, for the purposes of creating and identifying a variety of features and zones including: runways, runway approach zones; transitional zones, horizontal zones; and conical zones. In addition, height limitations and land use restrictions were created to protect the health, safety and general welfare of the aircraft as well as those residents and buildings located on the ground. Provisions, definitions, zones, regulations and procedural requirements specifically pertaining to the Airport Overlay District are contained under § 355-38 of this chapter.
Soils which have been formed in alluvium and deposited by
past stream or flooding conditions.
Soil material such as sand, silt or clay that has been deposited
on land by past stream or flooding conditions.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure or any enlargement
thereof, whether by extension on any side or by an increase in height,
or the moving of such building from one location or position to another.
A professional veterinary establishment used for the diagnosis,
care, and treatment of ailing or injured animals, which may include
overnight accommodations. The overnight boarding of healthy animals
shall be considered a "kennel."
The raising and keeping of livestock and poultry for any
commercial purpose. The keeping of livestock and poultry as farm pets
for domestic purposes, as permitted within this chapter, shall not
be considered as animal husbandry.
Farm animals or livestock equaling 1,000 pounds per animal
unit.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna is defined as a wireless communications
facility (WCF).[5]
[Amended 7-20-2015 by Ord. No. 546]
A commercial establishment for the sale of antiques, such
as clocks, lamps, clothing, rugs, jewelry, furniture and similar items.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision or plan, or for the approval
of a development plan.
The Muhlenberg Township Board of Commissioners.
An architect registered by the Commonwealth of Pennsylvania.
A residential facility for the housing and care of elderly,
frail or disabled persons.
That part of a building which is immediately below and wholly
or partly within the roof framing.
Any building or land area devoted to the sale of new or used
vehicles, including customary service and repair facilities within
an enclosed building.
Any building or land area devoted to the repair, servicing,
restoration, reconstruction and maintenance of vehicles, including
the retail sale of gasoline, motor oil, car washes, batteries and
other similar vehicular accessories.
A story partly below the finished grade but having 1/2 or
more of its height (measured from finished floor to finished ceiling)
above the average level of the finished grade where such grade abuts
the exterior walls of the building.
Any structure or equipment at a fixed location that enables
FCC licenses or authorized communications between user equipment and
a communications network. Includes structures other than towers that
support or house an antenna, transceiver or other associated equipment
that constitutes part of a base station at the time the relevant application
is filed with the state or municipal authorities, even if the structure
was not built for the sole or primary purpose of providing such support,
but does not include structures that do not at that time support or
house base station components. The term includes buildings, light
poles, utility poles, water towers, etc., as well as DAS systems and
small cells.
[Added 7-20-2015 by Ord.
No. 546]
The temporary use and occupancy of a single-family detached
dwelling for the purpose of accommodating transient guests for rent.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the Township, or by any combination of the above.
The Board of Commissioners of Muhlenberg Township, Berks
County, Pennsylvania.
The Board of Commissioners of Muhlenberg Township, Berks
County, Pennsylvania.
The temporary use and occupancy of a single-family detached
dwelling for the purpose of accommodating transient guests for rent.
A continuous strip of land which is clear of all buildings
and paved areas and is adequately landscaped in accordance with this
chapter.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component structural parts, and designed
for the enclosure and support of individuals, animals or property
of any kind.
The total area taken on a horizontal plane at the main grade
level of all primary and accessory buildings on a lot, excluding unroofed
porches, paved terraces, steps, eaves and gutters, but including all
enclosed extensions.
The percentage of a lot covered by principal and accessory
buildings.
The area of a lot that has no building or construction restrictions,
such as building setback requirements, rights-of-way, easements, floodplains,
wetlands, steep slopes, or similar restrictions, as defined in this
chapter.
The front of a building considering the location of the main
entrance and the public street providing access. For corner lots,
the building frontage shall be established along both streets to which
the building has frontage or access.
The vertical distance measured from the average elevation
of the finished grade of the building to the highest point of the
roof.
The measurement of a building in one general direction.
The minimum distance a building or structure must be set
back from the ultimate street right-of-way line (where it exists)
or from the street legal right-of-way line (where the ultimate right-of-way
does not exist) of the street immediately adjacent thereto.
The line within a property establishing the minimum required
distance between any building or structure, or portions thereof, to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line which abuts the property, and the
building setback line shall be parallel to said right-of-way line.
A special overlay district established to provide provisions for land development, aesthetics, architectural appearance and streetscape design along Business Route 222 and as further defined in § 355-39 of this chapter.
A special overlay district established to provide provisions for land development, economic development, zoning alternatives, aesthetics and architectural appearance at each of the bypass interchanges, as further defined in § 355-40 of this chapter.
The diameter of a tree trunk as measured 54 inches from the
ground surface.
A plot of ground upon which two or more campsites are located
for occupancy, regardless of whether a fee has been charged for the
occupancy of such space.
A plot of ground within a campground for the use of a single
camping unit.
A tent or camping vehicle located on a campsite.
A conservation overlay of land and water which is generally underlain by geological features with limestone and dolomite characteristics, as defined under § 355-35 of the chapter.
A building open on two or more sides and used in association
with a dwelling for the storage of private motor vehicles.
The portion of a street right-of-way, whether paved or unpaved,
designed for vehicular use.
A story partly below the finished grade, having at least
1/2 of its height (measured from finished floor to finished ceiling)
below the average level of the adjoining finished grade where such
grade abuts the exterior walls of the building. A cellar shall not
be considered a "story" in determining the permissible number of stories.
Land used or intended to be used for the burial of human
or animal remains and may include columbariums, crematoriums, mausoleums
and mortuaries when operated in conjunction with and within the boundary
of such cemetery.
A statement, based on an inspection, signed by the Zoning
Officer, setting forth that a building, structure, sign and/or land
complies with this chapter, or that a building, structure, sign and/or
land may be lawfully employed for specific uses, or both.
An individual considered by law to be a minor, that is a
person who is under 18 years of age.
A building used for public worship by a congregation, excluding
buildings used primarily for residential, educational, burial, recreational
or other uses not normally associated with worship.
The removal or destruction of all vegetation from an area
of land, or the removal or cutting of more than 90° of the woodlands
on any lot or parcel of land.
An area of unobstructed vision at a street intersection defined
by a line of sight between points at center lines of streets, driveways
or access lanes, as defined by the Muhlenberg Township Code.
An association of persons for some common nonprofit activity,
not including groups organized primarily to render a service which
is customarily carried on as a business.
PRIVATE CLUB or COUNTRY CLUBLand and buildings containing private or semiprivate recreation facilities, social quarters, restaurants, meeting rooms, banquet facilities, bars, taprooms, and similar uses, for the exclusive use of the members and their guests.
SOCIAL CLUB or LODGELand and buildings containing recreation facilities, social quarters, restaurants, meeting rooms, banquet facilities, bars, taprooms, and similar uses, owned and operated by nonprofit organizations for the exclusive use of the members or guests.
The Muhlenberg Township Code.
The mounting of one or more WCFs on an existing tower-based
WCF or on any structure that already supports at least one WCF.
[Added 7-20-2015 by Ord.
No. 546]
An alternative development method wherein structures are
arranged in closely related groups, reducing lot sizes, preserving
land for open space and permitting innovative site design.
A commercial use where a lot or parcel of land is temporarily
occupied by more than two campsites during specified seasons, including
tents and recreation vehicles, as defined by the Muhlenberg Township
Code.
A commercial use involving the accumulation of biodegradable
and organic materials from approved uses, including mushroom production
uses; municipal uses; landscaping uses; nursery uses; forestry uses;
and other similar uses, as determined appropriate by Muhlenberg Township,
where the composted materials are packaged, processed and/or transported
from the commercial composting facility and utilized for other applications.
A commercial use where the patrons have the option to be
provided specialty services without leaving their vehicle, as defined
within this chapter.
A use or activity that includes, but is not limited to, retail
sales, businesses, offices, personal services, banks, financial institutions,
restaurants, communications, recreation and other similar commercial
uses as determined by the Zoning Officer.
A use or activity operated as a business that is open to
the public for the purpose of recreation and entertainment, including
but not limited to bowling alleys, health or fitness clubs, swimming
pools, miniature golf courses, museums, theaters, amusement arcades,
and other similar commercial recreational uses, as determined by the
Zoning Officer.
An educational facility carried on as a business and not
operated by a public agency. The range of curriculums can include,
but are not limited to, academic instruction, business, technical
programs, art, music, dance, language, and other similar commercial
school uses as determined by the Zoning Officer.
Any motor vehicle utilized for a business or trade activity
of any kind, including construction, excavating, earthmoving equipment,
or similar equipment, regardless of the use, excluding a Class I and
II motor vehicle which is properly licensed by the Commonwealth of
Pennsylvania.
The use of naturally occurring water when 5,000 gallons or
more of such water is used on site per day or when 5,000 gallons or
more of such water is exported or transported for use off site. "Naturally
occurring water" shall mean all water above and below the ground surface.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development, designed and intended for
use or enjoyment of all residents of the development in which it is
located. Common open spaces shall not include: land areas within street
rights-of-way; required open areas between buildings, between buildings
and street rights-of-way, driveways and parking areas; and other areas
that may be specified within this chapter. No dwelling unit, accessory
building or parking area may be located within common open spaces.
A parking facility other than those provided within the lot
lines of a lot on which one single-family detached dwelling, one single-family
semidetached dwelling, or one townhouse is located.
A wall used or adopted for joint service between two buildings
or parts thereof.
A public or quasi-public municipal, institutional or recreational
use devoted exclusively to accommodate one or more group activities,
including but not limited to civic, social, recreational, educational
or cultural, or other similar activities determined appropriate by
the Zoning Officer, and provided that the community center is properly
maintained and is not utilized as a residential use.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The Muhlenberg Township Comprehensive Plan, or any part thereof,
last updated and adopted by the Muhlenberg Township Board of Commissioners
in October of 2003.
A use by which the Board of Commissioners may grant permission
to an applicant within a particular zoning district for the occupancy
or use of land or water for a specific purpose, as specified within
this chapter of the Code.
A facility utilized for meetings and seminars, with accommodations
for meeting rooms, food preparation, social quarters, restaurants,
banquet facilities, bars, taprooms, recreation facilities, entertainment,
overnight accommodations, and similar uses.
Overlay provisions established to consider conservation management,
environmental resource protection, natural resources, and open space
preservation. These provisions are intended to supplement and enhance
the existing underlying zoning district regulations for certain land
areas and water features, including floodplains, wetlands and hydric
soils, steep slopes, woodlands, and carbonate geological formations.
The preservation and utilization of land and surface water
as wildlife habitats, forests, farmland, meadows, wetlands, lakes,
streams, rivers, and other similar uses or features that involve no
site improvements other than those required for education, recreation
or municipal uses.
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar connection or relationship.
The placement of materials and equipment in a defined area
to be assembled, built, applied and/or demolished in a temporary or
permanent manner, as approved by the designated officials of Muhlenberg
Township.
The total necessary land area required for all buildings
or uses within a unified development before a zoning permit may be
issued.
A building containing sleeping rooms used by persons who
are lodged and furnished with meals and are provided with needed support
and recovery services, including the availability of basic nursing
care. Such a facility may or may not include skilled nursing or medical
care. This definition shall be limited to facilities licensed by the
Commonwealth of Pennsylvania as a convalescent home, nursing center,
rehabilitation center, or personal care center.
A commercial establishment, usually less than 10,000 square
feet of gross floor area, offering retail sales, prepackaged, prepared
or assembled foods, newspapers, magazines, automatic bank teller machines,
lottery sales, and other similar uses as determined by the Zoning
Officer.
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Berks, Commonwealth of Pennsylvania.
The Berks County Planning Commission.
A portion of a lot unoccupied above grade but partially or
wholly surrounded by the walls of a structure or buildings.
The edge of the cartway.
A proposed zoning amendment made to the Board of Commissioners
by any landowner/applicant who desires to challenge on substantial
grounds the validity of an ordinance which prohibits or restricts
the use or the development of land in which the landowner/applicant
has an interest.
Equipment typically used by utility providers of water, gas
or electric services to provide wireless monitoring of service usage
by residential, commercial and/or industrial users.
[Added 7-20-2015 by Ord.
No. 546]
The offering of care or supervision to minors or adults with
special needs. The following subcategories are related to day-care
centers and facilities:
CHILD DAY-CARE CENTERA facility which, on a daily basis, exclusively provides supplemental parental care and supervision and/or instruction to seven or more children simultaneously who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized or not, and which is licensed or approved to dispense child care by the Commonwealth of Pennsylvania.
FAMILY DAY-CARE FACILITYA building used principally as a residence by one adult caregiver resident thereof in which child day care is provided simultaneously for six or fewer children who are unrelated to the resident caregiver. Such residential property shall have an outdoor play area in the rear of the property of sufficient size to accommodate six children at once, which shall be enclosed with at least a four-foot-high continuous fence and self-latching gate.
ADULT DAY-CARE CENTERA facility which provides supervision and/or instruction on a daily basis for one or more individuals who have a physical or mental disability who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized and/or licensed and whether operated for profit or not for profit.
The deliberate appropriation of land by its owner for general
public use.
A written document whereby an estate in real property is
described, conveyed and recorded.
Clause included in a deed which restricts, controls or limits
the general use of a defined parcel of land.
The number of residential dwelling units per acre or lot
area.
The area designated as "common open space" within a residential
development, containing open areas for recreational uses and natural
resource conservation.
Any landowner, agent of such landowner, equitable owner,
or tenant with the permission of the landowner, for whom subdivision
or land development plans are being or have been made.
Any man-made change to improved or unimproved land, including
but not limited to buildings or other structures, the installation
of utilities, filling, grading, paving, excavation, mining, dredging
or drilling operations.
A proposal for the development of land, prepared in accordance
with the Muhlenberg Township Code, including a plan for subdivision
or land development; all covenants relating to use, location and bulk
of buildings and other structures; intensity of use or density of
development; streets, ways and parking facilities; common open space
and public facilities. The phrase "provisions of the development plan"
when used in this chapter shall mean the written and graphic materials
referred to in this definition.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure. DAS may be ground-mounted or mounted to non-tower
wireless support structures, such as but not limited to a light or
utility pole.
[Added 7-20-2015 by Ord.
No. 546]
A portion of the Township within which certain uniform regulations
and requirements, or combinations thereof, apply under the provisions
of this chapter.
The keeping and housing of non-farm animals as pets on a property in accordance with Chapter 123, Animals, of the Muhlenberg Township Code.
A housing facility or residence hall established to occupy
students attending a nearby educational use during the time of year
when the educational use is in session. All student housing units
or dormitories may include defined sleeping and living areas, common
sanitary sewage facilities, common bathing facilities, common cooking
facilities, and other types of uses considered appropriate by the
Muhlenberg Township Zoning Officer.
A privately owned and constructed access drive providing
vehicular access between a public road or an approved private road
into the lot or parcel having frontage on the road.
A site utilized for the disposal, abandonment, dumping, burial,
incineration, burning or other means of discarding garbage, trash,
junk, vehicles, automobile parts, or other forms of waste.
A building or structure or portion thereof arranged, intended,
designed or used as the living quarters for one or more families living
independently of each other. Such buildings as hospitals, hotels,
boardinghouses, rooming houses, lodging houses, nursing homes, motels
and institutional residences are not included in the definition of
"dwelling." The following dwelling types are further defined as follows:
SINGLE-FAMILY DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a vertical common wall.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building arranged, designed or intended for occupancy of two families living independent of each other in separate dwelling units that are separated by a common horizontal floor as opposed to a common vertical wall.
MULTIFAMILY DWELLINGA building or group of buildings arranged, designed and intended to be occupied exclusively by more than one family as a residence. Individual dwelling units may share up to three party walls with other units and either have common outside access areas or have individual outside access areas.
[Amended 9-17-2007 by Ord. No. 439]
TOWNHOUSEA building arranged, designed and intended to be occupied exclusively as a residence for one family, which is one of a group of three or more such buildings, placed side by side and separated by unpierced vertical common walls, each dwelling having at least one separate entrance from the outside.
APARTMENT BUILDINGA building on a single lot, arranged, designed and intended to be occupied as a residential rental unit for two or more families, and in which the dwelling units may be separated horizontally and/or vertically within a common building, which may have common or separate utility provisions.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common open space solely for the owners of those portions, as established under the applicable laws of the Commonwealth of Pennsylvania.
MOBILE HOMEA transportable, single-family dwelling constructed in accordance with the specifications of the Commonwealth of Pennsylvania, intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MODULAR OR MANUFACTURED HOMEAny structure designed primarily for residential occupancy, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site. Housing units defined as "mobile homes" are excluded from this definition.
A building or portion thereof providing one or more rooms
arranged for the use of one or more individuals living together as
a single housekeeping unit and having no cooking or sanitary facilities
in common with any other unit.
A defined parcel area of land or right-of-way which is granted
or conveyed for the limited use of land for public, quasi-public or
private purposes.
A use having one or more of the following purposes: to educate
or instruct individuals in a school, college or university setting
with instruction directed in its broadest sense toward moral, intellectual
and physical instruction taken as a whole and not in the disjunctive
sense, such as moral or intellectual or physical instruction; and
which shall include all schools engaged in such education except trade
schools, business schools, driver training schools, heavy equipment
training schools, riding schools or academies or any type of school
which is nonacademic in character. Also excepted from this definition
are child day-care centers, adult day-care centers, family day-care
homes and group day-care homes.
A point of exit from a property.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the general public.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The horizontal alignment of a surface above mean sea level
as it exists in predevelopment conditions or as it is proposed in
post-development conditions.
CENTER-LINE ELEVATIONThe elevation of the street as measured at the midpoint of the street.
CURB ELEVATIONThe elevation of the top of the curb as measured at the street line.
FIRST-FLOOR ELEVATIONThe elevation of the level of living space, as typically measured at the main entrance of the building, unless the living space is divided as a bi-level or split-level, in which case the first-floor elevation shall be established at the lower elevation of living space.
GARAGE ELEVATIONThe elevation of the garage floor as measured at the center of the garage door.
A condition that:
The total number of workers (including both part-time and
full-time) present on a parcel of land at any given time, other than
temporary or occasional construction workers.
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania.
A detailed written report that provides discussion of significant
environmental impacts and provides reasonable alternatives which would
avoid or minimize adverse impacts or enhance the quality of the human
environment.
The removal of soil, rock or surface particles by the action
of water, wind, ice or other agents.
The erection, construction, alteration or maintenance by
a public utility, municipality or governmental agency for general
utility services, including gas, electric, steam, water, sewage disposal,
telephone and similar utility services, excluding telecommunication
and wireless communication providers.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary,
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
An indoor or outdoor facility providing recreational, educational,
social and entertainment facilities suitable for children and their
parents.
An area of land, including all buildings, accessory buildings,
farm buildings and one single-family detached principal dwelling,
all used for agriculture and where the primary source of income is
derived from property.
The raising and ownership of chickens, turkey, sheep, goats, hogs, pigs, cattle, horses, and other similar animals which are common to a farm in accordance with Chapter 123 of the Muhlenberg Township Code.
A barn, silo or any building used for the storage of agricultural
equipment or farm produce or housing livestock or poultry. The term
"farm building" shall not include dwellings.
Federal Communications Commission.
[Added 7-20-2015 by Ord.
No. 546]
Recent Federal Communications Commission rules effective April 8, 2015, which regulate both traditional telecommunications towers as well as distributed antenna systems and other small cells. Applicable rules reflected in the requirements as set forth in § 355-83 of this chapter relate to FCC rules at 47 U.S.C. § 1455(a) [also known as § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012] and 47 U.S.C. § 332(c)(7).
[Added 7-20-2015 by Ord.
No. 546]
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall.
A bank, savings and loan, credit union, or similar use.
A defined lane that is cleared of obstacles and vegetation
at all times so as to allow ingress and egress for fire, police and
ambulance vehicles during an emergency or other catastrophic event.
A conservation overlay of land and water as specified under § 355-29 of this chapter of the Code, which has been defined within the Flood Insurance Study, as prepared by the Federal Emergency Management Agency, which principally includes areas located along the major creeks and waterways of Muhlenberg Township. The following subdefinitions and categories shall apply to the Floodplain Overlay District:
FLOODPLAINA relatively flat or lowland area adjoining a river, stream or watercourse, which is subject to partial or complete inundation of water. Also, an area subject to unusual and rapid accumulation of water or runoff of surface waters from any source.
APPROXIMATED FLOODPLAINThose portions of land within the Floodplain Overlay District that are subject to the inundation of the one-hundred-year flood where a detailed study has not been performed and the one-hundred-year floodplain boundary has been approximated by the most recent Flood Insurance Study.
ONE-HUNDRED-YEAR FLOODPLAINA flood that, on the average, is likely to occur once every 100 years, or has a one-percent chance of occurring each year, although the flood may occur in any year.
FLOODWAYThat portion of the Floodplain Overlay District that is required to carry and discharge the waters of the one-hundred-year flood without increasing the water surface elevation at any point more than one foot above existing conditions, as determined in the Flood Insurance Study of the Federal Emergency Management Agency.
FLOODWAY FRINGEThat portion of the Floodplain Overlay District that is subject to inundation by the one-hundred-year flood lying beyond the floodway in areas where detailed study data and profiles are made available by the Flood Insurance Study.
REGULATORY FLOODThe flood that has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared. The regulatory flood shall also be known as the "one-hundred-year flood."
SHALLOW FLOOD DISTRICTThat portion of the Floodplain Overlay District subject to inundation by the one-hundred-year flood involving shallow water depths or unpredictable floodpaths.
The gross floor space of the building or buildings, measured
from the exterior faces of exterior walls or from the center line
of walls separating buildings. In particular, the floor area of a
building or buildings shall include: basement space; all spaces other
than cellar space with structural headroom of seven feet six inches
or more; interior balconies and mezzanines; enclosed porches, terraces
or other space which is attached to the principal structure on at
least one side; attic spaces (with or without a finished floor), provided
that structural headroom of seven feet six inches or more is available
over 50% of such attic space. However, the "floor area" shall not
include: cellar space, except that cellar space used for retailing;
elevator shafts, stairwells, bulkhead, accessory water tanks or cooling
towers; terraces; breezeways; uncovered steps; open space; and/or
accessory buildings.
The floor area in square feet of all buildings on a lot divided
by the gross area of such lot in square feet.
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.
FELLINGThe act of cutting a standing tree so it falls to the ground.
LANDINGA place or area where logs, pulpwood or firewood are assembled for transportation to processing facilities.
LOPTo cut tops and slash into smaller pieces to allow the material to settle close to the ground.
OPERATORAn individual, partnership, company, firm, association or corporation which is engaged in timber harvesting or forestry operations, including the agents, subcontractors and employees thereof.
SKIDDINGDragging trees on the ground from the stump to the landing area by any means.
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, broken or uprooted vegetation, or similar items.
STANDAny area of the forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
TIMBER HARVESTING, TREE HARVESTING or LOGGINGThe process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
TOPThe upper portion of a tree that has little or no commercial resale value because of its small size, taper or defect.
A building used for the preparation of the deceased for burial,
including the viewing of the deceased and any lawful rituals connected
therewith before burial or cremation.
An accessory building or a part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises and for the storage of not more than three motor vehicles
owned and used by persons other than the owner or tenant of the premises.
Not more than one commercial vehicle or truck may be stored in a private
garage.
A building, other than a private or storage garage, one or
more stories in height, used solely for commercial storage service
or repair of motor vehicles.
A building, not a private residential or a public garage,
one story in height, used solely for the storage of motor vehicles
used in conjunction with a business or industry, but not for the sale,
service or repair thereof nor for the sale of fuel, accessories or
supplies.
A computer-based system that links the geographic location
of map features to text information or databases.
The dimensions of a facility and the relationships of its
features such as alignment, profile, grades, widths, sight distances,
clearances, and slopes.
A sensation of brightness within a visual field which may
cause annoyance, discomfort, loss of vision and/or the ability to
focus.
A public or private course with a minimum of nine holes and
a length of more than 2,000 yards.
The Board of Commissioners of Muhlenberg Township, Berks
County.
Any activities, services or uses conducted by any agency
or department of local, county, state or federal government.
A reference plane representing the average of finished ground
level adjoining the building at the exterior walls. Where the finished
ground levels slope away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
A linear corridor of open space, including natural features
such as waterways, stream valleys, ridgelines and scenic vistas, or
along man-made features such as railroad beds or abandoned canals,
which provide areas for wildlife habitats and recreational uses.
A household of not more than five persons, not necessarily
related by blood, marriage, adoption, or legal guardianship, who because
of their physical or emotional condition or their social or interpretation
skills otherwise would limit, inhibit or prevent their ability to
function as useful or productive members of society. All such group
homes shall be provided with supported services through a licensed
social service agency.
A residential collective of six or more persons, excluding
supervisors, not necessarily related by blood, marriage, adoption
or legal guardianship, who because of their physical or emotional
condition or their social or interpretation skills otherwise would
limit, inhibit or prevent their ability to function as useful or productive
members of society. All such group institutions shall be provided
with full-time supported services through a licensed social service
agency.
Materials that have the potential to damage health or impair
safety, including but not limited to inorganic mineral acids, sulfur,
fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, arsenic,
lead, nickel, mercury, metalloid-organic derivatives, coal tar acids,
phenols, cresols, petroleum products, and radioactive materials.
A private or public indoor facility utilized for health,
fitness and/or recreational activities. All activities relating to
an adult business use shall be prohibited within a health club.
The vertical distance measured from the average elevation
of the ground or finished grade to the highest point of a building
or structure.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 7-20-2015 by Ord.
No. 546]
A defined area to accommodate all phases of operation of
rotor-wing aircraft or helicopters, with sufficient space for all
required safety controls and maneuvers in accordance with all state
and federal requirements, as well as to allow for the provision of
service facilities.
A defined area on a roof or on the ground to accommodate
touchdown and liftoff of rotor-wing aircraft or helicopters. All such
areas shall have sufficient space to accommodate all required safety
controls and maneuvers in accordance with all state and federal requirements,
but in no case shall such area provide service facilities.
Surface soils which are within three feet of the seasonable
high water table.
A place of ingress to/egress from or access to a street or
highway created by a driveway or another street or highway. Measurement
between them shall be from the center line of one such point to the
center line of another such point.
The lot dimensions measured along the right-of-way line of
any one street or highway abutting a lot.
A place, building, structure or site which, because of its
local, state or national significance, is considered as a historical
site or resource. All such historical sites are identified on the
National Register of Historical Places, by the Pennsylvania Historical
and Museum Commission, or within the Comprehensive Plan.
An accessory use which is customarily conducted within a
residential use or a structure accessory thereto, and which is clearly
secondary and incidental to the residential use in which the practitioner
resides. The following categories of home occupation are hereby defined:
CATEGORY 1 HOME OCCUPATIONSAlso known as "no-impact home-based business." A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
CATEGORY 2 HOME OCCUPATIONSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to a single-family residential dwelling and which involves some customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use.
An institutional use, licensed by the Commonwealth of Pennsylvania,
which provides for inpatient and outpatient medical care, 24 hours
per day, seven day per week, as well as providing primary health services,
medical care and surgical services to patients suffering from illness,
disease, injury, deformity, and other abnormal physical or mental
conditions. In addition, a hospital may also include accessory uses
and facilities, including but not limited to medical offices, administrative
offices, educational facilities, research centers, clinics, cafeterias,
retail stores, and other uses considered customary to a hospital or
medical campus.
A building or group of buildings containing five or more
individual rooms for rental, primarily for transients, with common
hallways for all rooms on the same floor, and where no provision is
made for cooking in any individual room or suite. "Hotel" does not
include institutional or educational uses and buildings where human
beings are housed under legal constraint.
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Hydric soils are identified within the Comprehensive Plan.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces which do not normally absorb rainfall.
Any type of structure, paved area and/or physical changes
to the land, including but not limited to grading, paving, stormwater
management facilities, sidewalks, street signs, traffic control devices,
monuments, utilities, water supply facilities and sewage disposal
facilities.
The minimum distance an improvement must be set back from
a street right-of-way and/or property line.
A facility designed to reduce municipal solid waste, fuel,
gas, refuse or other material by combustion. This use may include
heat exchange equipment for energy recovery.
A residential community or use designed for those persons
who are independent with respect to their daily living activities
(bathing, dressing, grooming and eating) and choose to reside in a
community with other seniors (55 years or older). These communities
may offer amenities, such as, but not limited to, security systems,
recreational activities, social programs, meal services and transportation.
A group of mixed uses within a planned nonresidential development which principally relate to industrial uses, as specified under § 355-67 of this chapter of the Code.
A use or activity that includes, but is not limited to, assembling,
manufacturing, distributing, processing, storing or warehousing of
products and materials, and other similar industrial uses as determined
by the Zoning Officer.
A point of entrance to a property.
A use or activity that includes, but is not limited to, educational
uses, hospitals, medical centers, health care uses, churches, religious
uses, assisted living care facilities, convalescent homes, nursing
homes, and other similar institutional uses, as determined by the
Zoning Officer.
Discarded materials, including but not limited to waste,
paper, rags, glass, containers, fabric, and similar material from
vehicles, equipment or machinery.
A lot, land or structure, or parts thereof, used for the
collection, storage, dismantling, salvage, sale, exchange and/or recycling
of used and discarded materials, including but not limited to waste,
paper, rags, glass, containers, fabric and similar material from vehicles,
equipment or machinery. The deposit or storage of two or more unlicensed,
uninspected, abandoned, wrecked or disabled vehicles shall be deemed
to be a "junkyard."
A site survey performed by the United States Army Corps of
Engineers to officially determine whether or not a defined parcel
of land is subject to wetlands regulations.
A commercial establishment, structure, lot or portion of
a lot in which four or more domesticated pets, 10 weeks or older,
are kept for remuneration for boarding, grooming, breeding and/or
selling purposes.
An enclosed and weatherproofed room consisting of a sink
with plumbing facilities, permanent stove/oven and a refrigerator
which complies with all codes adopted by Muhlenberg Township.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with the Muhlenberg
Township Code and the Pennsylvania Municipalities Planning Code.[6]
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition). A lessee under a
written lease who has written authorization of the legal owner shall
be deemed to be a landowner for the purpose of this chapter.
A landscape architect registered by the Commonwealth of Pennsylvania.
The raising and ownership of chickens, turkeys, sheep, goats, hogs, pigs, cattle, horses, and other similar animals which are common to a farm in accordance with Chapter 123, Animals, of the Muhlenberg Township Code.
A defined space located within a lot or parcel of land which
has accessibility to a public street for temporary use of commercial
vehicles while loading or unloading merchandise and materials to the
principal use and building contained on the lot or parcel of land.
A tract or parcel of land, regardless of size, held in single
or joint ownership, not necessarily a lot or lots shown on a duly
recorded map, which is occupied or capable of being occupied by buildings,
structures and accessory buildings, including such open spaces as
are arranged, designed or required. The term "lot" shall also mean
"parcel," "plot," "site" or any similar term.
CORNER LOTA lot situated at and abutting the intersection of two streets, having an interior angle of intersection not greater than 135°. The front yard and lot width requirements shall apply to each street on which the corner lot has frontage.
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
REVERSE FRONTAGE LOTSLots that have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot.
THROUGH LOTAn interior lot having frontage on two public streets which are parallel to one another and divided by the lot.
FLAG LOT or KEYHOLE LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.
The space contained within the lot lines, including land
area within all existing and future/ultimate street rights-of-way,
areas delineated as wetlands, areas identified as common open space,
and land area within all utility, municipal and stormwater easements.
The space contained within the lot lines, excluding any and
all land areas as follows: areas within existing or designated ultimate
street rights-of-way; areas delineated as wetlands; areas identified
as common open space; and areas within easements dedicated for utility,
municipal or stormwater purposes. The net lot area for all proposed
lots shall be no smaller than the minimum lot size for the zoning
district in which the lot is located.
The percentage of a lot covered by all impervious surfaces.
The mean average horizontal distance between the front and
the rear lot lines.
That portion of a lot which fronts on a single street.
The property line forming the front, rear or side boundary
of a lot.
FRONT LOT LINEThe line separating a lot from a street. The front lot line is also the street line.
REAR LOT LINEThe lot line which is opposite the front lot line. The rear line of any triangularly or irregularly shaped lot shall be established such that it will be at least 10 feet long.
SIDE LOT LINEAny lot line other than a front or rear lot line.
STREET OR ALLEY LOT LINEA lot line separating the lot from a street or alley.
A lot or parcel recorded in the office of the Recorder of
Deeds of Berks County, Pennsylvania.
The width of a lot measured at the street line, the legal right-of-way line and the ultimate right-of-way line (where it exists) of the street immediately adjacent thereto, unless otherwise permitted as an exception under § 355-94 of this chapter of the Code.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The assembling, creating, cleaning, fabricating, processing,
testing, recycling, packaging, converting, distributing and/or repairing
of raw materials, with the use of labor and machinery, of products
that will be made available for sale. The term "manufacture" shall
not include retail sales, personal services, solid waste disposal,
truck distribution, mineral extraction, woodland extraction, forestry,
exportation of groundwater, and warehousing.
A place of business where a person or persons engage in or
carry on any method of pressure on, friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
any part of the body with the hands or with the aid of any mechanical
or spa apparatus. This particular use shall only include licensed
physicians or members of the American Massage Therapists Association.
The average height of the sea for all stages of the tide,
utilizing the most current National Geodetic Vertical Datum.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Marijuana for certified medical use as set forth under the
Medical Marijuana Act, Pennsylvania Act 16.
[Added 11-21-2016 by Ord.
No. 563]
The Medical Marijuana Act, Pennsylvania Act 16, as adopted
April 17, 2016.[7]
[Added 11-21-2016 by Ord.
No. 563]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health under
Pennsylvania Act 16 to dispense medical marijuana. The term does not
include a health-care medical marijuana organization under the Medical
Marijuana Act, Pennsylvania Act 16.
[Added 11-21-2016 by Ord.
No. 563]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health under
Pennsylvania Act 16 to grow and process medical marijuana. The term
does not include a health-care medical marijuana organization under
the Medical Marijuana Act, Pennsylvania Act 16.
[Added 11-21-2016 by Ord.
No. 563]
A dispensary or a grower/processor as permitted under the
Medical Marijuana Act, Pennsylvania Act 16. The term does not include
a health care medical marijuana organization under Act 16.
[Added 11-21-2016 by Ord.
No. 563]
A building which primarily involves a health-care use, where
patients are admitted for examination and treatment on an outpatient
basis by one or more physicians, dentists, psychologist, social workers,
or other similar licensed professional, but where the patients are
not lodged overnight or after normal office hours.
A public or private facility utilized for medical testing,
sampling or research in a controlled laboratory environment.
A group of mixed uses within a planned nonresidential development which principally relates to medical or institutional uses, as specified under § 355-66 of this chapter of the Code.
A public or private facility utilized for the treatment,
rehabilitation and training of outpatients to regain, develop or enhance
their physical skills, condition or stamina which have been lost or
impaired through injury or illness.
The act or process of mining or extracting minerals.
A solid homogenous aggregate or mass of mineral matter, whether
or not coherent. The term includes, but is not limited to, limestone,
dolomite, sand, gravel, rock, stone, earth, fill, slag, iron ore,
zinc ore, vermiculite, clay, anthracite and bituminous coal, coal
refuse, peat, crude oil and natural gas.
The multiple use of a single property for a planned group
of nonresidential uses, including retail operations, personal services,
offices, financial institutions, medical and dental clinics, restaurants,
taverns, and similar planned uses as determined by the Zoning Officer,
where the uses are less than a cumulative total of 30,000 square feet
of gross floor area and are owned and maintained by an individual,
corporation, partnership or organization. All mini malls shall be
planned and designed as an integrated unit or converted as such, with
common off-street parking facilities and stormwater management facilities.
A building or group of buildings that are divided into individual
units, each of which unit is available for rent or lease to the public
for the self-storage of tangible personal property.
A combination of uses within a single building, including a permitted commercial use occupying the first floor and no more than two residential rental units occupying the second floor, as further defined under § 355-56 of the Code.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A wireless support structure, which consists of a single
pole structure, designed and erected on the ground or on top of a
structure, to support communications antennas and connecting appurtenances.
[Added 7-20-2015 by Ord.
No. 546]
A building or group of attached or detached buildings containing
individual living or sleeping units, designed for temporary use by
tourists or transients, each of which is provided with an independent
exterior entrance and off-street parking space. The term "motel" includes
auto courts, motor courts, motor inns, motor lodges, roadside hotels,
or similar accommodations.
Any building or land area on which freight is delivered for
transfer, assembly, storage or sorting, and then shipped to another
location.
Muhlenberg Township, Berks County, Pennsylvania.
The Muhlenberg Township Municipal Authority, Berks County,
Pennsylvania.
A use by Muhlenberg Township for public recreation area,
park, swimming pool, golf course, spectator sports, municipal offices,
police station, water and sewage facilities, utilities, road materials
and equipment storage and similar governmental uses, auditoriums or
meeting rooms for civic group use.
Any building or establishment used for social and entertainment
purposes, where food, music and beverages are provided to patrons
for a fee in accordance with local and state laws.
A business or commercial activity administered or conducted
as an accessory use, which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot which does not meet with the minimum lot width or area
dimensions specified for the district where such lot is situated but
which was lawfully in existence prior to the effective date of this
chapter or is legally established through the granting of a variance
by the Zoning Hearing Board.
A structure or building or part thereof which does not meet
the applicable provisions or requirements of the district in which
it is located, either at the time of enactment of this chapter or
as a result of subsequent amendments thereto, where such building
or structure lawfully existed prior to the enactment of such chapter
or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs.
A building, structure, sign or use of land which does not
conform to the applicable regulations of the district in which it
is located, either at the time of the enactment of this chapter or
as a result of subsequent amendments thereto, but which did not violate
any applicable use regulations prior to the enactment of such chapter
or amendments. However, no existing use shall be deemed nonconforming
solely because of the existence of less than the required off-street
parking spaces.
All non-tower wireless communications facilities, including
but not limited to antennas and related equipment. Non-tower WCF shall
include support structures for antennas or any related equipment that
is mounted to the ground or at ground level. Other non-ground-mounted
examples can include, but not be limited to, installation of a WCF
on an existing utility pole, light pole, barn, church steeple, farm
silo, water towers, or other similar structures.
[Added 7-20-2015 by Ord.
No. 546]
The raising of trees (for transplanting), ornamental shrubs,
flowers or house plants for any commercial purpose. All nursery/greenhouses
that are designed and constructed to be 1,000 square feet or less
shall be considered accessory structures. All nursery/greenhouses
that are designed and constructed to exceed 1,000 square feet in size
shall be considered principal structures.
A building containing sleeping rooms used by persons who
are lodged and furnished with meals and are provided with needed support
services, including the availability of basic nursing care. Such a
facility may or may not include skilled nursing or medical care. This
definition shall be limited to facilities licensed by the Commonwealth
of Pennsylvania as a nursing center or personal care center.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
structure, fence, stockpile, refuse, fill or other matter which may
impede, retard or change the normal direction or path of air, water
or any modes of transportation.
The possession of any structure, building, land area or water
body with the intent to remain for the purpose of residing, conducting
business, or performing social, recreational, cultural, educational,
municipal, governmental, institutional, religious, charitable, or
similar uses.
PERMANENT OCCUPANCYOccupancy for a period in excess of 120 consecutive days within one calendar year.
TEMPORARY OR SEASONAL OCCUPANCYOccupancy for a period less than 120 consecutive days within one calendar year.
The Muhlenberg Township Zoning Ordinance of 2004, as amended
and codified.
A use that primarily involves professional or nonprofit services
relating to, but not limited to, administrative, business, clerical,
financial, governmental, medical, municipal, political, religious,
or similar office uses as determined by the Zoning Officer.
A group of mixed uses within a planned nonresidential development which principally relate to office or business, as specified under § 355-65 of this chapter of the Code.
The Official Map, as adopted by the Board of Commissioners,
showing the characteristics of streets, watercourses, public grounds
and other topographic features.
The Zoning Map of Muhlenberg Township.
The unoccupied space, land area, or water body that is located
on the same lot with the principal use or development, which is open
to the sky and not occupied by buildings, structures, sidewalks, off-street
parking areas, access drives and/or other impervious areas.
All sales conducted outside of a principal building.
The Commonwealth of Pennsylvania.
A tract of land designed and utilized by the general public
for active and/or passive recreational uses.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways and maneuvering space appurtenant
thereto.
The limit beyond the defined off-street parking area in which
parking is not allowed or permitted.
A reasonably level space, available for the parking of one
motor vehicle, not less than 10 feet wide and having an area of not
less than 200 square feet exclusive of passageways or other means
of circulation or access.
An area or courtyard which is not covered by a roof or permanent
awning and is designed for outdoor living purposes as an accessory
use to the principal structure or building.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces which do not normally absorb rainfall.
A document issued by the proper regulatory agency authorizing
the applicant to undertake certain activities as specified on the
application or permit.
BUILDING PERMITA permit issued for a specific building, structure or land use which indicates that the proposed construction, alteration, development, reconstruction, or similar activities are in accordance with the appropriate construction provisions of the chapter, as adopted by Muhlenberg Township, and which authorizes an applicant to commence with the activities specified on the application or the provisions of the permit.
OCCUPANCY PERMITA permit issued for a building, structure or land use which indicates that certain construction, alteration, reconstruction, development or similar activities have been completed and inspected in accordance with the appropriate provisions of the chapter, as adopted by Muhlenberg Township, and which allows the applicant to occupy the building, structure or land area in accordance with the provisions of the permit.
SEASONAL OR TEMPORARY PERMITA permit issued for a specific building, structure or land use, which indicates that the seasonal or temporary activities are in accordance with the appropriate provisions of the chapter, as adopted by Muhlenberg Township, and authorizes an applicant to commence the seasonal or temporary activities for a defined period of time as specified on the permit.
[Amended 11-21-2016 by Ord. No. 563]
SIGN PERMITA permit issued for a specific on-premises or off-premises sign.
SPECIAL USE PERMITA permit issued to nonprofit organizations for specific use and event on land owned or leased by the applicant for a defined period of time, not to exceed 30 cumulative days within a calendar year, and as specified on the permit. Such permitted uses may include carnivals, circuses, bazaars, fairs, seasonal sales or other nonprofit fund-raisers.
A use permitted in a particular district to occupy or use
land for a specific purpose in accordance with this chapter when such
use is permitted by right.
An individual, corporation, partnership, organization, incorporator's
association, trust, or other similar entity.
A facility owned and operated by a legal entity which possesses
the appropriate certifications and licenses issued by the Commonwealth
of Pennsylvania for operating a personal care home at a defined location.
The facility shall be used to provide dwelling units, food, personal
assistance or supervision to adults of advanced age or otherwise who
do not require services at a licensed long-term care facility, but
who, because of their advanced age or other condition, require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, emergency evacuation, and/or taking medication prescribed
for self-administration.
A building or portion of a building in which the services
of a person permitted to practice a specified profession are offered
to the general public. Examples of such professions may include accountants,
agents, architects, barbers, beauticians, cleaners, contractors, dentists,
doctors, electricians, engineers, florists, laundromats, lawyers,
landscapers, jewelers, optometrists, painters, pharmacists, photographers,
planners, plumbers, post offices, publishers, printers, realtors,
surveyors, therapeutic massage therapists, tailors, repair technicians,
or other similar personal service establishments as determined by
the Zoning Officer.
A proposal for development, subdivision or land development,
including all covenants, grants or easements and other conditions
relating to use, location and bulk of buildings, density of development,
common open space and public facilities, which complies with the Muhlenberg
Township Code.
The Muhlenberg Township Planning Commission, Berks County,
Pennsylvania.
A roofed or unroofed structure projecting from the front,
side or rear wall of a building.
A facility utilized by a public or private utility provider
in order to generate, convert and supply power or energy within a
defined service area.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
Prime agricultural soils or land areas as defined in the
Muhlenberg Township Comprehensive Plan.
A building in which a principal use on a lot is carried on.
The main or primary purpose for which any land, structure
or building is designed, arranged or intended, and for which it may
be occupied or maintained under the terms of this chapter. Only one
principal use shall be permitted on a lot.
All such areas, including parks, playgrounds, trails, paths
and other recreational areas and other public areas; sites for schools,
sewage treatment, refuse disposal and other publicly owned or operated
facilities; and publicly owned or operated scenic and historic sites.
A formal meeting held pursuant to public notice by Muhlenberg
Township governing body or planning agency, intended to inform and
obtain public comment prior to taking action in accordance with this
chapter and the Pennsylvania Municipalities Planning Code.
A forum held pursuant to notice under the requirements of
this chapter, the Pennsylvania Municipalities Planning Code and the
Pennsylvania Sunshine Law.[8]
Notice published once each week for two successive weeks
in a newspaper of general circulation within Muhlenberg Township.
Such notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing. The
first publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing.
The removal or extraction of minerals, rock, natural resources,
or other products of earth, either on the surface or below the surface,
in accordance with the provisions of the Muhlenberg Township Code
and the Commonwealth of Pennsylvania.
Land area containing recreational facilities which may require
visitors or participants to become involved in physical or energetic
functions, primarily group functions. Active recreation areas may
include, but are not limited to, basketball courts, baseball fields,
football fields, soccer fields, tennis courts, playgrounds, tot-lots,
community centers, golf courses, hockey rinks, skateboard areas, swimming
pools and volleyball courts.
Land area containing recreation facilities which may require
visitors or participants to become involved in quiet functions that
do not require physical or energetic functions. Passive recreation
areas may include, but are not limited to, common open space, trails
for walking or bicycling, surface water for canoeing, rafting or fishing,
pavilions, picnic areas, cultural centers, scenic vistas and amphitheaters.
Land, water, buildings, structures, apparatuses and/or equipment
which are required to accommodate recreational uses.
An active or passive recreational use designed to accommodate
physical, leisure, sporting or relaxation activities on land or water.
Recreational uses may include basketball, baseball, football, bicycling,
walking, jogging, running, fishing, boating, hunting, hockey, skating,
skateboarding, soccer, golfing, swimming, tennis, volleyball, racquetball,
exercise/fitness, bowling, billiards, bird watching, picnicking, or
any other similar recreational uses as determined by the Zoning Officer.
An active or passive recreational use in which a fee is paid
to utilize the recreation facilities.
A vehicle of any size which is designed as a temporary dwelling
or living unit for travel, recreation and vacation uses. Recreation
vehicles may include motorized vehicles designed to be self-propelled
or nonmotorized vehicles designed to be towed or carried by another
vehicle, including campers, pickup coaches, travel trailers, and similar
vehicles.
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added 7-20-2015 by Ord.
No. 546]
Land areas occupied by buildings, churches, synagogues, retreat
centers, monasteries, seminaries, convents, shrines, cemeteries, and
other similar nonprofit facilities which are primarily used for religious
or spiritual worship.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including but not limited to biomass
conversion, geothermal energy, solar energy, wind energy, and hydroelectric
energy, and excluding those sources of energy used in the fission
and fusion processes.
A commercial use in which machinery, automobiles, equipment
and other similar goods are rented to customers for temporary use
pursuant to a short-term rental contract.
A defined area within a building or structure which is rented
or leased to accommodate residential or nonresidential uses as permitted
by the Muhlenberg Township Code.
A use within a permitted dwelling unit designed and utilized
as the living quarters for one or more families living independently
of each other. Residential uses may be permitted within single-family
detached units, single-family semidetached units, two-family attached
units, mobile homes, apartment units and townhouse units, provided
the type of dwelling unit is a permitted use within the zoning district
in which it is located, and provided that the dwelling unit complies
with the standards specified by this chapter.
A commercial establishment devoted to the preparation, sale
and consumption of food and beverages to patrons within an enclosed
building while the patrons are seated at counters, booths or tables.
A restaurant may contain an accessory area or use devoted to outdoor
eating, retail sales, social quarters, meeting rooms, bars, taprooms,
and similar uses, provided the cumulative total area of the accessory
use does not exceed 25% of the gross floor area of the restaurant.
A restaurant devoted to the preparation and sale of food
and beverages to patrons either within an enclosed building, at a
pickup counter, through a drive-through service lane, and/or through
a delivery service. All such facilities may offer their patrons the
option to consume the food and beverages either inside the restaurant
or at an off-site location.
A facility or land that is used for any one or a combination
of the following or similar uses: composting, incineration, material
separation, recycling or trash transfer. A resource recovery facility
shall be owned and operated by Muhlenberg Township or by a municipal
authority by and on behalf of Muhlenberg Township.
COMPOSTING FACILITYA facility for the composting of the organic matter in municipal solid waste.
INCINERATORA facility designed to reduce municipal solid waste by combustion. This use may or may not include heat exchange equipment for energy recovery.
REFUSE-DERIVED FUEL (RDF) FACILITYThe extraction of materials from municipal solid waste for recycling or for use as refuse-derived fuel (RDF).
RECYCLING FACILITYA business that accumulates material, such as paper, glass, aluminum and/or plastic, that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product.
TRANSFER STATIONA facility where municipal solid waste is delivered for the purpose of transferring the material into another container or vehicles for transport to a final disposal site or processing facility. (A transfer station may include the separation and collection of material for the purpose of recycling.)
A commercial establishment devoted to the sale of products
and services to patrons within an enclosed building. Retail uses may
include establishments selling food, groceries, beverages, clothing,
business or office supplies, entertainment items, furniture, home
improvement supplies, household products, personal care supplies,
building supplies, sporting goods, equipment, machines, computers,
electronics, pet supplies, medical supplies, agricultural supplies,
automobile supplies, firearms, and other similar retail uses as determined
by the Zoning Officer.
The width or area of land which is dedicated or reserved
to accommodate streets, utilities, stormwater management facilities,
traffic control facilities, curbs, sidewalks, bicycle lanes, streetlights,
and other public improvements.
LEGAL RIGHT-OF-WAYThe existing width or area of land which is currently owned and maintained by Muhlenberg Township, the Commonwealth of Pennsylvania, and/or other public agency or authority.
ULTIMATE RIGHT-OF-WAYThe width or area of land which is determined necessary to reserve and/or dedicate in order to accommodate future public improvements.
The temporary use and occupancy of a single-family detached
dwelling for the purpose of accommodating transient guests for rent.
The required plumbing fixtures within a dwelling unit, including
a sink, toilet, bathtub or shower, which are functioning and compliant
with the Muhlenberg Township Code.
A system designed to collect, convey, treat and dispose of
sewage from users in compliance with local, county, state and federal
regulations.
ON-LOT SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot.
COMMUNITY SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
PUBLIC OR MUNICIPAL SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant.
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land which because of its wastewater disposal needs may have the option to utilize on-lot sewage disposal methods or connect to a private, community, public or municipal treatment system. The selected method for wastewater collection, conveyance and treatment shall be consistent with the Muhlenberg Township Act 537 Plan.
A device incorporating a reflective solid surface in the
shape of a dish, cone or horn which is used to transmit and/or receive
signals.
An assemblage of permissible materials which are strategically
arranged so as to effectively block or obstruct the views between
adjacent or adjoining properties from ground level to a height of
six feet above grade level, or as determined by the Zoning Officer.
The setback requirements as established for any building
or structure within the applicable zoning district in which it is
located.
A deciduous tree which normally grows with a single trunk
and has a canopy which screens and filters sunshine during specific
seasons during the year.
The multiple use of a single property for a planned group
of nonresidential uses, including retail operations, personal services,
offices, financial institutions, medical and dental clinics, restaurants,
family entertainment centers, taverns, nightclubs, and similar planned
uses as determined by the Zoning Officer, where the uses exceed a
cumulative total of 30,000 square feet of gross floor area and are
owned and maintained by an individual, corporation, partnership or
organization. All shopping centers shall be planned and designed as
an integrated unit or converted as such, with common off-street parking
facilities, stormwater management facilities and utility services.
A seasonal or occasional sale conducted on the sidewalk or
outside of the front or side of the principal building or establishment,
where goods are offered for sale to the public, typically at discounted
prices, provided that all such sales shall not exceed 60 cumulative
days during the course of a calendar year.
Any structure, building, wall, or other outdoor surface,
or any device or part thereof, which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device or other representations
utilized for announcement, direction, identification or advertisement.
The word "sign" includes the word "billboard," but does not include
the flag, pennant or insignia of any nation, state, city or other
political unit, nor public traffic or directional signs.
ACCESSORY SIGNA subordinate sign located on the same property as the principal use, which is erected to further describe the products or services available to the general public.
ANIMATED SIGNA sign or any device designed to attract attention by visual means through the movement or semblance of movement by mechanical, electrical or natural means.
BANNERA promotional sign for special community events, including educational, charitable, philanthropic, civic, cultural, municipal, fraternal, religious, or similar community events as determined by the Zoning Officer, where the promotional sign or banner shall be considered as temporary for a specified period of time within a calendar year. All such signs or banners shall be made of nylon, canvas, or similar all-weather material.
BILLBOARDAn off-premises sign erected by a professional sign company or by the outdoor advertising industry, on which advertisement space is leased for a fixed period of time.
BUSINESS OR NONRESIDENTIAL SIGNAn on-premises sign designated for a permitted business or nonresidential use, which identifies the written name, type of business, use, commodity sold, type of services, trademark and/or symbol.
CANOPY SIGNA nonilluminated sign made of cloth, canvas, aluminum, metal, wood, or similar materials, which is affixed to a building and projects outward, where the sign or message is painted on, sewed, fastened or applied. All such signs may or may not be fixed or equipped with a mechanism for raising or holding the canopy or awning in a retracted position against the building.
CHARITABLE OR COMMUNITY SERVICE SIGNAn on-premises sign identifying the charitable or community service organization, including religious facilities, volunteer fire companies or other nonprofit organization. All such signs may include supplemental information concerning hours, events, activities or messages.
DEVELOPMENT SIGNAn on-premises sign indicating that the property is actively in the process of subdivision or land development for residential or nonresidential uses.
DIRECTIONAL SIGNAn informational or functional on-premises sign, containing only information pertaining to direction, entrance, exit, off-street loading spaces, service areas, service lanes, fire lanes, handicapped parking spaces, and off-street parking areas. All such directional signs shall contain no advertisement messages.
DOUBLE-FACED SIGNA sign with two faces that are parallel, facing opposite directions, and matching in size and shape.
FLASHING SIGNA type of sign in which the illumination is not kept constant in intensity at all times of use, and which exhibits sudden, timed or marked changes in lighting effects. Illuminated signs which display the time of day, date and temperature shall not be considered as a flashing sign.
FREESTANDING SIGNAn on-premises sign displaying information pertaining to the existing use for which it is located, and which is supported by or suspended from a freestanding column or other support(s) located in or upon the ground surface.
GROUND SIGNAn on-premises sign displaying information pertaining to the existing use for which it is located, and which is placed upon, supported by, and anchored to the ground. A ground sign shall not be considered as a freestanding sign or portable sign.
IDENTIFICATION SIGNAn on-premises sign identifying a medical facility, hospital, school, institutional use, religious facility, municipal facility, recreational use, farm, historical site, or similar use as determined by the Zoning Officer.
ILLUMINATED SIGNA sign designed to project or reflect artificial light from an internal or external source, which may be directly or indirectly illuminated, or through transparent or translucent material. Illuminated signs may include billboards, freestanding signs, ground signs, or signs affixed to a building or structure, as permitted in this chapter.
MARQUEE SIGNAn on-premises sign attached to a building facade, which may include changeable letters, messages or displays.
MUNICIPAL OR OFFICIAL SIGNA sign erected by Muhlenberg Township, Berks County, the Commonwealth of Pennsylvania, or other governmental organization.
OFF-PREMISES SIGNA permitted sign which directs attention to a business, commodity, service, entertainment, institution, or other use, which is offered elsewhere other than upon the premises where the sign is located.
ON-PREMISES SIGNA permitted sign which directs attention to a business, commodity, service, entertainment, institution, or other permitted use, which is offered on the same property or tract of land where the sign is located.
PORTABLE SIGNA temporary sign designed to be moved from place to place, which is not affixed or anchored to the ground, structure or building.
PROJECTING SIGNAn on-premises sign mounted upon a building so that its principal face is a right angle or perpendicular to the wall of the building. All such projecting signs shall extend at least one foot from the building but no more than 12 feet from the building.
REAL ESTATE SIGNAn on-premises sign pertaining to the sale or lease of the premises on which the sign is located.
ROOF SIGNAn on-premises sign which is erected or displayed upon the roof of a building or exceeds the height of the building.
SEASONAL OR SPECIAL EVENT SIGNA temporary promotional sign by which periodical advertisement of specials can be displayed during certain segments of the year.
SIGN AREAThe entire area within a single continuous perimeter-enclosing maximum line of such sign, including all lettering, wording, symbols, border, background and/or trim, but shall not include the area of any supporting framework, bracing or structural elements which are incidental to the display. Where the sign consists of individual letters or symbols attached or painted onto the surface of a building, wall or window, the area shall be determined by calculating the smallest rectangle encompassing all of the letters and symbols, regardless of the actual shape created by the letters and symbols.
SIGN HEIGHTThe height of the sign, as measured for the ground elevation to the highest and lowest parts of the sign.
TEMPORARY SIGNA permitted on-premises sign erected for a temporary period of time not to exceed 30 cumulative days in a calendar year.
WALL SIGN or PARALLEL SIGNAn on-premises sign posted on, suspended from, or otherwise affixed to the wall, facade or vertical surface of a building, which does not project or extend more than 12 inches from the wall, façade or vertical surface of the building to which it is attached.
WINDOW SIGNA temporary or permanent on-premises sign, affixed to or visible through a window of a building.
The ownership of a lot by one or more persons, where the
ownership is separate and distinct from that of any adjoining land
areas.
Topographic conditions in which the percentage of vertical
to horizontal relief is computed utilizing standard rise over run
calculations and/or as defined by this chapter of the Code.
The legal consultant appointed by the Muhlenberg Township
Board of Commissioners.
Waste, including solid, liquid, semisolid or contained gaseous
materials.
A site in which engineering principles are utilized to bury,
dispose, reduce, eliminate and/or incinerate deposits of solid waste
without creating public health or safety hazards, nuisances, pollution
or environmental degradation. All such facilities may include sanitary
landfills, solid waste landfills, low-level radioactive waste disposal
facilities, resource recovery facilities, recycling centers and transfer
stations.
The growing, processing, packing, storage, sale and shipment
of mushrooms and all other related activities incidental thereto.
A use by which the Zoning Hearing Board may grant permission
to an applicant within a particular zoning district for the occupancy
or use of land or water for a specific purpose, as specified within
this chapter of the Code.
Overlay provisions established to consider special features,
land uses, buildings, zones or corridors. These provisions are intended
to supplement and enhance the existing underlying zoning district
regulations for specifically defined areas, including existing or
abandoned industrial sites, airport zones, transportation corridors,
and bypass interchanges.
A building or structure in which horses, llamas, donkeys,
and other similar animals are kept for remuneration, hire, sale or
other lawful uses.
The Commonwealth of Pennsylvania and its designated agencies.
Section 5903, Title 18, Pennsylvania Consolidated Statutes,
as amended.[9]
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs and light poles.
[Added 7-20-2015 by Ord.
No. 546]
Areas of land in which the topographical conditions exceed
a certain slope in predevelopment conditions, as defined by this chapter.
The following sloped categories are hereby defined as part of the
Steep Slope Overlay District:
CATEGORY 1 SLOPESAll land areas in which the topographical conditions have a range of slope between 10% and 20% in slope in predevelopment conditions, where the difference in vertical elevation ranges between five and 10 feet over a horizontal distance of 50 feet as measured in any given direction.
CATEGORY 2 SLOPESAll land areas in which the topographical conditions have a range of slope between 20% and 30% in slope in predevelopment conditions, where the difference in vertical elevation ranges between 10 and 15 feet over a horizontal distance of 50 feet as measured in any given direction.
CATEGORY 3 SLOPESAll land areas in which the topographical conditions exceed a slope of 30% in slope in predevelopment conditions, where the difference in vertical elevation is 15 feet or more over a horizontal distance of 50 feet as measured in any given direction.
A conservation overlay of land and water which has been defined
by the Comprehensive Plan and this chapter of the Code as having steep
slopes.
Drainage runoff from the surface of the land resulting from
precipitation in the form of rain, snow, sleet, hail or ice.
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff from a defined area or development
while promoting the protection and conservation of surface water,
groundwater and groundwater recharge.
Those controls and measures, including but not limited to
berms, terraces, bridges, dams, storm sewers, basins, infiltration
systems, swales, watercourses and floodplains, used to implement stormwater
management regulations.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
next above it. A basement, but not a cellar, shall be deemed to be
a story.
A public or private right-of-way, excluding driveways, intended
as a means of vehicular and pedestrian travel, furnishing access to
abutting properties. The word "street" includes "thoroughfare," "avenue,"
"boulevard," "court," "drive," "expressway," "highway" and similar
terms. The functional classification of all existing streets has been
defined in the Comprehensive Plan.
EXPRESSWAYSRoutes providing for corridor movements that represent substantial statewide, interstate, or regional travel and movements between major urban areas. Expressways contain the most heavily traveled routes (10,000 to 100,000 trips per day) and including multi-lane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (50 to 65 mph) with a minimum of interference to through traffic. Expressways facilitate truck transport by providing optimum conditions. Mobility is the principal function, and accessibility should be limited to carefully planned interchanges to preserve the functional classification of expressways.
ARTERIALS (MINOR AND MAJOR ARTERIAL)Routes providing for corridor movements that represent substantial statewide or regional travel and movements between major urban areas. Arterial routes contain heavily traveled routes (5,000 to 30,000 trips per day) including multi-lane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (30 to 55 mph) with a minor interference to through traffic. Arterial routes facilitate truck transport by providing favorable conditions. Mobility is the major function, and accessibility should be limited to preserve the functional classification of arterials roads.
COLLECTORS (MINOR AND MAJOR COLLECTOR)Routes that serve primarily regional or intracounty trips and represent those routes with shorter travel distances than arterial routes. Collector roads contain well-traveled roads (500 to 10,000 trips per day) leading to specific destinations or to expressways and arterial routes. The system is designed for moderate speeds (25 to 45 mph) with some interference with designed intersections to permit through traffic. Depending upon its structural integrity and design, collector routes can facilitate lightweight truck transport. Mobility is a significant function, and accessibility should be limited to street intersections and driveways in order to preserve the functional classification of collector roads.
MINOR STREETS or LOCAL ACCESS STREETSRoads that primarily serve local trips and represent those routes with shorter travel distances than collector routes. Local roads contain low-volume to moderately traveled roads (fewer than 500 trips per day) leading to collector and arterial routes. The system is designed for lower speeds (20 to 35 mph) with interference with a number of designed intersections. Local roads are typically designed to facilitate lightweight truck transport for local deliveries. Mobility is a minor function, and accessibility to street intersections, driveways and adjacent land areas is significant for local roads.
MARGINAL ACCESS ROADSRoads that serve specific land uses which are parallel or adjacent to an expressway, arterial or major collector roads. Marginal access roads are typically designed to accommodate the use(s) they directly serve. Accessibility between selective points is an essential design element with control at the point of destination. Many marginal access roads are privately owned and maintained.
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
INTERNAL STREETA minor street used for circulation and access within a development involving multiresidential, commercial and/or industrial land uses.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
The lot dimension measured along the street line or right-of-way
line of any one street or highway abutting a lot.
The dividing line between a lot and the outside boundary
of a public street, road or highway right-of-way legally open or officially
mapped by a municipality or higher governmental authority, between
a lot and the outside boundary of a street shown on a recorded subdivision
or land development plan, or between a lot and a private street or
road over which the owners or tenants of one or more lots held in
single and separate ownership have a right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
PERMANENT STRUCTUREA structure to be utilized for a specific purpose for more than one year, provided the structure complies with the provisions of the chapter.
TEMPORARY STRUCTUREA structure to be utilized for a specific purpose for less than one year, provided the structure complies with the provisions of the chapter.
A dormitory or residence hall established to occupy students
attending a nearby educational use during the time of year when the
educational use is in session. All student housing units or dormitories
may include defined sleeping and living areas, common sanitary sewage
facilities, common bathing facilities, common cooking facilities,
and other types of uses considered appropriate by the Muhlenberg Township
Zoning Officer.
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. 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.
The Muhlenberg Township Subdivision and Land Development Ordinance of 2004, as amended and codified. The Subdivision and Land Development Ordinance may also be referenced as "Chapter 310 of the Muhlenberg Township Code."
A modification to the physical dimensions of a tower or base
station, as measured from the dimensions of the tower or base station
inclusive of any modifications approved prior to the passage of the
Spectrum Act (effective February 22, 2012), if it meets any of the
following criteria:
[Added 7-20-2015 by Ord.
No. 546]
For towers outside of public rights-of-way, it increases the
height by more than 20 feet or 10%, whichever is greater; for those
towers in the rights-of-way and for all base stations, it increases
the height of the tower or base station by more than 10% or 10 feet,
whichever is greater;
For towers outside of public rights-of-way, it protrudes from
the edge of the tower more than 20 feet or more than the width of
the tower structure at the level of the appurtenance, whichever is
greater; for those towers in the rights-of-way and for all base stations,
it protrudes from the edge of the structure more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the tower or base station;
It would defeat the existing concealment elements of the tower
or base station; or
It does not comply with conditions associated with the prior
approval of the tower or base station unless the noncompliance is
due to an increase in height, increase in width, addition of cabinets,
or new excavation that does not exceed the corresponding substantial
change thresholds.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its previous condition would equal
or exceed 50% of the market value before the damage occurred.
Any repair, addition, reconstruction, rehabilitation or other
improvement to a structure whereby the cost of such improvement equals
or exceeds 50% of the market value of the structure before the improvements
occurred.
A building covered by land on at least 50% of the combined
surface of its walls and roof.
The extraction of minerals, rock and other products of the
earth by activities conducted upon the surface of the land which require
the removal of the overburden, strata or material overlying, above
or between the minerals, rock and other products of the earth, or
by otherwise exposing and retrieving the minerals from the surface.
Mining activities carried out beneath the surface by means of shafts,
tunnels or other underground mine openings are not included in this
definition.
An individual registered with the Commonwealth of Pennsylvania
as authorized to measure the boundaries of tracts of land, establish
locations, and perform the requirements of a survey.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep, including in-ground swimming
pools, aboveground swimming pools, on-ground swimming pools, hot tubs,
and similar structures, which are further defined and regulated by
Muhlenberg Township and the Uniform Construction Code.
An establishment where alcoholic beverages and food are served
to the general public as the primary portion of the trade in accordance
with local and state laws.
The science or technology of communications by electronic
transmission of impulses as by telegraph, cable, cellular, telephone,
radio, television, microwave, earth station broadcast/cable television
communications and other similar technology not otherwise enumerated
and as may evolve after enactment of this chapter.
A structure, building, tower, antennas and other types of
facilities utilized as primary or accessory uses for telecommunications.
[Amended 7-20-2015 by Ord. No. 546]
The temporary use and occupancy of a single-family detached
dwelling for the purpose of accommodating transient guests for rent.
Any structure that is used for the purpose of supporting
one or more antennas, including but not limited to self-supporting
lattice towers, guy towers and monopoles. Utility poles, light poles
and DAS hub facilities are not considered to be tower-based WCFs.
[Added 7-20-2015 by Ord.
No. 546]
Muhlenberg Township, Berks County, Pennsylvania.
The Muhlenberg Township Engineer, as appointed by the Muhlenberg
Township Board of Commissioners.
The Muhlenberg Township Solicitor, as appointed by the Muhlenberg
Township Board of Commissioners.
One or more lots or parcels of land assembled for the purposes
of subdivision or land development.
The temporary passing or crossing from one thing or person
to another, or from place to place, provided the passing or crossing
is temporary and not permanent.
Any building or land area which can accommodate the transfer
of cargo and freight with trucks or other motor vehicles.
The specific purpose for which land, a sign, structure or
building is designed, arranged or intended, or for which it may be
occupied or maintained, or any activity, occupation, business or operation
which may be carried on thereon or therein. The term "permitted use"
or its equivalent shall not be deemed to include any nonconforming
use.
PERMANENT USEA permitted use conducted on a lot for more than one year, provided the permanent use complies with all provisions of the chapter.
SEASONAL USEA permitted use conducted on a lot during certain defined segments of the year, provided the seasonal use complies with all provisions of the chapter.
TEMPORARY USEA permitted use conducted on a lot for less than a one-year period of time, provided the temporary use complies with all provisions of the chapter.
A service, facility, apparatus or use which provides electric,
telephone, cable, sewer, water, natural gas, and similar utility services
to customers within a defined service area, grid, neighborhood, region,
or municipality.
COMMUNITY UTILITYA utility which is owned, operated or maintained by a public utility provider, municipality, municipal authority, homeowners' association, or private agency for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area.
PRIVATE UTILITYA utility which is owned, operated or maintained by a private or independent utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area.
PUBLIC UTILITYA utility which is owned, operated or maintained by a public utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area.
Relief granted by the Zoning Hearing Board from the terms
and conditions of this chapter where literal enforcement would create
unnecessary hardship and when granting of the relief would not be
contrary to the public interest.
Any motor vehicle utilized for any lawful use, which is properly
licensed and inspected in accordance with all local, state and federal
laws.
A professional use operated by a doctor of veterinary medicine
used for the diagnosis, care and treatment of small domesticated animals,
including dogs, cats, reptiles and birds, which may include the provision
for a medical laboratory, operating theater and overnight boarding
accommodations.
A use which provides facilities for or at which persons assemble
for the purpose of any activity involving lawful gambling or wagering,
including but not limited to bingo, games of chance, thoroughbred
racing, harness racing, or other lawful activities, games and devices
at which money or other valuable items may be played for, stacked,
or betted upon in accordance with certain rules and regulations, where
a reward, win or loss may occur as a result of the activity. All such
wagering or gambling establishments shall comply with all pertinent
operational requirements and laws of Muhlenberg Township and the Commonwealth
of Pennsylvania.
A building or group of buildings primarily utilized for storage,
transfer, loading and unloading of certain products or commodities,
but shall not include retail uses or trucking establishments unless
such use is specifically permitted in that district.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term "waste" shall also include and apply to waste considered
as either hazardous, contaminated, toxic, residual, municipal or recyclable,
as defined by the PADEP and/or the Environmental Protection Agency.
HAZARDOUS WASTEAny garbage, refuse, sludge and/or discarded materials, including but not limited to solid, liquid, semisolid, gaseous, and biological materials resulting from municipal, agricultural, residential, commercial, industrial and institutional uses, which, because of their quantity, concentration, physical, chemical or infectious characteristics, may cause a threat to the health, safety or general welfare of the community.
MUNICIPAL SOLID WASTEThe nonseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.
A system designed to transmit water from the source to users
in compliance with the requirements of the appropriate state agencies
and the Township.
ON-LOT WATER SUPPLY SYSTEMA water supply system which transmits water from a source on the lot to one dwelling, principal use or lot.
COMMUNITY WATER SUPPLY SYSTEMA temporary water supply system which transmits from a common source to more than one dwelling, principal use and/or lot within a single neighborhood. A community water supply system may be permitted on a temporary basis for developments which are to be permanently serviced by a public water supply system.
PUBLIC OR MUNICIPAL WATER SUPPLY SYSTEMA system of water collection, storage, transmission and delivery which is to service a community but is not confined to a neighborhood.
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land which, because of its water supply needs, may have the option to utilize on-lot water supply methods or connect to a private, community, public or municipal water supply system. The selected method for water supply shall be consistent with the Muhlenberg Township Act 537 Plan.
A permanent or intermittent stream, river, brook, run, channel,
swale, pond, lake, or other body of surface water carrying or holding
water, whether natural or artificial.
The total land area where water drains into a particular
watercourse.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 7-20-2015 by Ord.
No. 546]
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. The major
characteristics of wetlands include vegetation, soil and hydrology.
A conservation overlay of land and water which includes areas of wetlands, hydric soils and high water table soils with hydric components, as further defined and regulated under § 355-30 of this chapter.
Sales that primarily involve large transactions of commodities
to other business and their agents and not to the general public.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite or
radio signals.
[Added 7-20-2015 by Ord.
No. 546]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services. The term shall not include the wireless
support structure.
[Added 7-20-2015 by Ord.
No. 546]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
[Added 7-20-2015 by Ord.
No. 546]
A freestanding structure, such as a tower-based wireless
communications facility, or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
[Added 7-20-2015 by Ord.
No. 546]
An area of land in which one or more contiguous acres are
mostly occupied or covered by mature trees (six inches in caliper).
The area of the woodlands shall be measured from the dripline of the
outer trees.
The clear-cutting or removal of mature trees, as measured
six inches or more in caliper, to provide area for improvements on
an individual lot or parcel of land, as the mature trees exist in
predevelopment conditions.
A conservation overlay of woodlands and forested areas, which is further defined, categorized and regulated under § 355-32 of the chapter.
An open space on the same lot with a structure (or a group
of structures) which lies between the structure (or a group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward except as herein permitted.
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line. On lots abutting more than one public street other than an alley, the front yard requirement shall apply fronting each public street.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
Division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land;
height, area, bulk and use of buildings; yard requirements; and in
some states, density of population. Zoning is effected by local ordinance
under the police power of the state granted by specific legislation
generally termed an "enabling act."
The Muhlenberg Township Zoning Hearing Board, as established
by the Board of Commissioners, to hear matters in accordance with
this chapter.
The Muhlenberg Township Zoning Map.
The agent or official designated by the governing body to
administer and enforce this chapter.
The Muhlenberg Township Zoning Ordinance of 2004, as amended and codified. The Zoning Ordinance may also be referenced as Chapter 355 of the Muhlenberg Township Code.
[1]
Editor's Note: 53 P.S. § 10101 et
seq.
[2]
Editor's Note: See 3 P.S. § 901 et seq.
[3]
Editor's Note: See 3 P.S. § 951 et seq.
[4]
Editor's Note: See now the Nutrient Management and Odor Management
Act, 3 Pa.C.S.A. § 501 et seq.
[5]
Editor's Note: The former definitions of "antenna height"
and "antenna support structure," which immediately followed this definition,
were repealed 7-20-2015 by Ord. No. 546.
[6]
Editor's Note: 53 P.S. § 10101 et
seq.
[7]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[8]
Editor's Note: See 65 Pa.C.S.A. § 701
et seq.
[9]
Editor's Note: See 18 Pa.C.S.A. § 5903.
