Township of Lower Macungie, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. No. 2019-10, 8/1/2019]
1. 
The following words and phrases shall have the meanings hereinafter indicated, unless the text clearly states an alternative or different meaning.
2. 
Words in the present tense shall include the future tense.
3. 
Words used in the singular shall include the plural and those in the plural shall include the singular.
4. 
Any word, term or phrase used in this chapter, but not specifically defined herein, shall first be given their normal and customary meaning as found in The Latest Illustrated Book of Development Definitions, New Expanded Edition, published 2017. Should the term not be defined in the aforementioned publication, the definition as listed in the most recent edition of Webster's New Collegiate Dictionary shall apply.
[Ord. No. 2019-10, 8/1/2019]
As used in this chapter, the following terms shall have the meanings indicated:
ACADEMIC CLINICAL RESEARCH CENTER (PER MEDICIAL MARIJUANA)
An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth to conduct activities permitted under Act 16 of 2016[1] and registry.
ACCESS POINT
One combined ingress/egress point, or one clearly defined ingress point and one clearly defined egress point, separated by an appropriate distance.
ACCESSORY BUILDING OR STRUCTURE
A building or structure detached from and subordinate to the main building situate on the same lot and used for purposes customarily incidental to the main building. The term "accessory building or structure" shall include private garages, sheds, barns, fences, greenhouses, swimming pools and tennis courts. However, the following shall not constitute an accessory building or structure: Bus, full trailer, house trailer, modular housing unit, school bus, school vehicle, trailer, truck, truck-camper, truck tractor, railroad car, travel trailer, shipping containers or any type of container used as a trailer previously, or miniature dwelling units colloquially known as "tiny houses."
ACCESSORY USE
A use separated from, subordinate to and customarily incidental to the use of the principal building and situate on the same lot.
ADAPTIVE REUSE
A use by means of site redevelopment or construction fit-out of an existing structure that substantially changes the character, operation or use of the existing site or building.
ADULT BOOKSTORE
An establishment which has a predominant portion of its stock in trade, books, magazines, photographs, pamphlets, newspapers, story papers, comic books, writings or other materials which emphasize matter depicting, describing or relating to specified sexual activity or specified anatomical areas as described hereinafter.
1. 
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitalia, pubic region, buttock or female breast(s).
2. 
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below the top of the areola.
B. 
Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
ADULT ENTERTAINMENT
A building or portion thereof or area regularly featuring the presentation or exhibition of live performers whose performances are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined; or whose performances are rendered in a state of dress so as to expose the female breast below a point immediately above the top of the areola; male or female genitals; pubic areas; buttocks; or the female breast with only the nipple or areola covered, or any combination thereof, for observation by patrons or customers, also known as pornography. Additionally, it may be an enclosed building or outdoor theater used for the presentation of motion pictures, slides or video tapes, disks, magazines or other similarly reproduced images distinguished or characterized by an emphasis on matter which depicts, describes or relates to specified sexual activities or the specified anatomical areas noted above. The establishment could also sell "marital aids," adult toys or other devices or objects that facilitate sexual pleasure. Motion pictures rated "G," "PG," "PG-13," and "R" by the Motion Picture Academy of America are not adult movies for purposes of this definition.
AGRICULTURAL RESIDUE
The portion of the original tract in the AP District upon which residential development is not allowed and which is permanently preserved under the applicable provisions of this chapter. Only the following uses are permitted on the agricultural residue: agricultural uses, farmstead, schools, places of worship, municipal outdoor recreational uses, utility uses, emergency services, municipal public works and utility uses, wireless telecommunications towers and antennas, bed-and-breakfast use, and no-impact home occupation.
AGRICULTURAL USES
For purposes of this chapter, the term "agricultural uses" shall refer to the following uses: agriculture, animal husbandry, boarding kennel, boarding stable, grazing and pasturing, horticulture, nursery, greenhouse, riding stable, sale of agricultural products at roadside stand, vineyard and accessory winery, wildlife sanctuary, and accessory regulated recreational agricultural activities including hayrides, corn mazes, haunted attractions, Christmas villages, holiday light displays, etc.
ALLEY
A public or private thoroughfare, with a right-of-way of 20 feet or less which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
1. 
Water deposited soils including:
A. 
Atkins Silt Loam (W).
B. 
Atkins Silt Loam, Local Alluvial (AkA).
C. 
Huntington Silt Loam (Hn).
D. 
Lindside Silt Loam (Ln).
E. 
Melvin Silt Loam (Mh).
F. 
Melvin Silt Loam, Local Alluvial (MkA).
G. 
Philo Silt Loam (Ph).
2. 
(As described in the Lehigh County Soil Survey).
ALTERATION
A change or rearrangement in any structural part of an existing facility, building or structure or in an exit or entrance, or an enlargement thereof, whether by extension of a side or by an increase height or by a movement of any or all of a structure from one location or orientation to another.
ALTERNATIVE TOWER STRUCTURE (PER WIRELESS TELECOMMUNICATIONS)
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. Such devices shall not be deemed a public utility or public use.
AMUSEMENT AND OUTDOOR RECREATION
Various forms of entertainment, including miniature golf, driving ranges, batting cages, go-karts, paintball, athletic contests, or all other forms of diversion, sport, recreation, pastime, shows, exhibitions, contests and displays. Fairgrounds, rides, carnivals, fairway games of chance or skill for prizes, exotic animal exhibition or any vehicle racing other than go-karts shall be specific excluded from this defined use.
AMUSEMENT DEVICE
A device, other than an audio or video jukebox, that is used or designed to be used to provide amusement or entertainment to the user for a fee, and shall include, but shall not be limited to, pinball machines, video display games, billiard tables, simulated sport machines and biorhythm machines.
ANIMAL HUSBANDRY
The raising and keeping of livestock, poultry, or other animals. The raising and keeping of four or less household pets shall not constitute animal husbandry.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Such devices shall not be deemed a public utility or public use.
ANTENNA HEIGHT
The measurement of the overall vertical length of the antenna and its support structure above the average finished grade. If such system is located on a building or other structure, the overall vertical length shall be measured and shall include the height of the building upon which the antenna and its structure is situate.
ANTENNA SUPPORT STRUCTURES
Any structure, mast, pole, tripod or tower, including all guy wires and braces that is or could be utilized for the purpose of supporting an antenna or antennas if approved by the Township.
APARTMENT
A dwelling unit contained in a building, structure or part thereof, leased to an occupant for residential purposes.
ARCHITECTURAL GRADE CLADDING
Building siding or cladding that uses or resembles authentic traditional materials which is textured, matte and nonreflective. Siding resembles traditional cedar shake, dutch lap, board and batten, scalloped, hardieboard or straight wood grained in finish. Authentic and manufactured brick and stone surfaces shall also be considered architectural grade cladding. Examples may be found in the Lower Macungie Township Design Guidelines.[2]
ARTIST, ARTISAN OR CRAFTSMAN STUDIO AND GALLERY AND SALES AREA
An establishment that includes work space or studio space to accommodate the work of artists, sculptors, craftsmen, etc., for the fabrication or creation of, but not limited to, paintings, sculpture, pottery, photography, carvings, specialty items such as clocks, handmade or refurbished furniture, custom clothing, custom jewelry and the like. In no circumstance shall this use include the production or sale of any food or beverage. Gallery and sales area shall be no more than 40% of the structure or entire use area, whichever is lesser.
AUTOMOBILE AND OTHER MOTOR VEHICLE, MOBILE HOME, BOAT OR RECREATIONAL VEHICLE SALES
A lot, parcel, tract building or structure used for the display, sale or rental of more than one new or used motor vehicles, recreation vehicles, boat trailers, farm equipment, motorcycles, trucks, utility trailers, boats or transportable mobile or manufactured homes in operable condition. Repair or maintenance work shall be considered as a separate accessory use to the extent it is provided for vehicles held on the lot for sale or lease. The term "automobile and other motor vehicle, mobile home, boat or recreational vehicle sales" shall not include a mobile home or manufactured home park or a junkyard. Outside storage and display of motor vehicles, boats or manufactured homes shall be permitted as an accessory use of this principal use, provided all motor vehicles available for customer operation shall be parked in spaces designed in accordance with § 27-2303, "Design Standards for Off-Street Parking Facilities," particularly § 27-2303, Subsection 1.
AUTOMOTIVE AND OTHER MOTOR VEHICLE REPAIR GARAGE
A lot, parcel, tract, building or structure where repairs of motor vehicles are conducted, not including sale thereof. The term "automotive and other motor vehicle repair garages" includes retail sales of gasoline and auto parts and the storage of vehicles being serviced. The term "automotive and other motor vehicle repair garages" includes a lot, parcel, tract, building or structure where repairs, including mechanical and body work, straightening of body parts, painting and body work, straightening of body painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other similar characteristics are performed. For the purposes of this chapter, this term shall also include facilities engaged in closely similar repairs of boats.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Such devices shall not be deemed a public utility or public use.
BAKERY/CONFECTIONER, RETAIL
A nonindustrial commercial retail business that conducts on-site baking and preparation of baked goods, confections and other similar food for purchase and consumption. This use may include accessory cafe or dining area for patrons either inside or outside accessory to the primary function.
BASEMENT
A story of a building or structure having 1/2 or more of its height (measured from floor to ceiling) below the average elevation of the finished grade. A basement shall be counted as a story for the purpose of height measurements or determining square footage, only if the vertical distance between the ceiling and the average elevation of the finished grade is more than five feet, or if the basement is used for a business or as a dwelling unit.
BED-AND-BREAKFAST
A private single-family detached dwelling unit which provides overnight sleeping accommodations and bathroom access to guests for a per night charge.
BILLBOARD
See "sign."
BOARD
The Zoning Hearing Board of the Township of Lower Macungie.
BOARD OF COMMISSIONERS
The Board of Commissioners of the Township of Lower Macungie.
BOARDING KENNEL
A building, buildings, or land used for the raising, boarding, training, or breeding of six or more dogs, cats, or other small animals at least four months of age that is regulated by the Pennsylvania Department of Agriculture. A kennel is not a facility for horses, cows, poultry, or other animals normally associated with animal husbandry, nor are reptiles or amphibians permitted under this use.
BOARDING, ROOMING OR LODGING HOUSE
A building or structure used to shelter or feed two or more individuals not members of the operator's family, by prearrangement and for definite periods of time.
BREWERY OR DISTILLERY, INDUSTRIAL
An industrial beverage processing use greater than 50,000 square feet that brews or distills and packages beer or spirits for mass distribution and consumption off site. Industrial breweries or distilleries have no food or alcohol service on site, nor does an industrial brewery or distillery host any special, seasonal or social events within its facilities such as tours, holiday or seasonal celebrations or the like.
BREWERY, CRAFT
A beverage processing use less than 50,000 square feet that brews and packages beer for distribution and consumption on or off site. A craft brewer may have indoor or outdoor alcohol service and food/restaurant service, or on-site food trucks as customary and incidental accessory uses. Programming and events may also be scheduled for the facility such as tours, corporate or social events, or holiday or seasonal celebrations.
BREWPUB
A restaurant use that includes the brewing, bottling and service of beer on site for consumption as a customary and incidental accessory use to primary food preparation and service.
BUFFER YARD
A continuous open space or landscaped area that may include fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances.
BUILDING
Any structure, either open or enclosed, having a roof supported by columns, piers or walls, intended for the shelter, housing enclosure of persons, animals or chattel. The term "building" shall at all times, unless otherwise indicated, be interpreted as including the words "or a part thereof."
BUILDING AREA
The aggregate area of any and all floor area of enclosed or roofed principal and accessory buildings or structures. Such area shall be computed by using outside building or structure dimensions of the ground floor measure on a horizontal plane.
BUILDING CODE
When used in this chapter shall refer to any and all building codes adopted by Lower Macungie Township, including, but not limited to, the Pennsylvania Uniform Construction Code (UCC), International Building Code (IBC), International Construction Code (ICC), International Fire Code (IFC), International Property Maintenance Code (IPMC), etc.
BUILDING COVERAGE
The percentage of a lot covered by buildings or structures; the "footprint" of the building or structure.
BUILDING HEIGHT
See "height of building or structure."
BUILDING SETBACK LINE
A line which designates the minimum distance between any building and the adjacent street right-of-way or property line, whichever is closer. This line shall be measured from a point or points formed by the intersection of a vertical building wall with the ground (or in the case of a cantilevered building, at the vertical plane which coincides with the most projected surface), to the street right-of-way, or property line, whichever is closer.
FRONT YARD BUILDING SETBACK LINE — The line parallel to the public or private street right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public or private street right-of-way shall be considered front yards (see also "reverse frontage lot").
REAR YARD BUILDING SETBACK LINE — The line parallel to the rear lot line and equal to the minimum depth of the rear yard designated for each district in this chapter.
SIDE YARD BUILDING SETBACK LINE — The line parallel to the side lot line and equal to the minimum depth of the side yard designated for each district in this chapter.
BUILDING, LINE OF
A line drawn parallel to the line of the lot at that portion of the building or structure closest to the lot line, including sun parlors, covered porches (but not steps).
BUSINESS
Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for remuneration or gain or the occupancy or use of a building or premise or any portion thereof for the transaction of business or the rendering or receiving of professional services. A no-impact home-based business shall not be considered a business, per the Pennsylvania Municipalities Planning Code.
BUSINESS/PROFESSIONAL OFFICE
See "office."
CAR WASH
A building or portion thereof used for the manual or mechanical washing of automobiles and other similar vehicles. Where a vehicle enters one side and receives washing on a mechanical track or belt or drives through the structure while being cleaned, the use shall also be considered a drive-through use.
CARBONATE GEOLOGY
Limestone or dolomite rock formations formed by carbonate sedimentation in shallow sea waters.
CAREGIVER (PER MEDICAL MARIJUANA)
The individual designated by a patient to deliver a form of medical marijuana as permitted by Pennsylvania Act 16 of 2016.[3]
CARTWAY
That portion of a street, alley or highway used for vehicular traffic.
CELLAR
See "basement."
CEMETERY
A lot, parcel, tract, building or structure used for burial of deceased humans or animals.
CENTERLINE OF STREET, ROAD, ALLEY OR HIGHWAY
A line equidistant from and parallel to the street, road, alley or highway right-of-way lines.
CERTIFIED MEDICAL USE (PER MEDICAL MARIJUANA)
The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification or identification card by the Commonwealth of Pennsylvania pursuant to the Act.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at intersections defined by the centerlines of the travel lanes and by a line of sight between points on said centerlines at a predetermined distance from the intersection of the centerlines, measured at two feet in height.
CLINICAL REGISTRANT (PER MEDICAL MARIJUANA)
An entity that:
1. 
Holds a permit both as a grower/processor and a dispensary under the Act; and
2. 
Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
CLOSED DEPRESSION
A part of the land surface of a lot, parcel or tract which drains internally, and which generally has sunk to a variable depth and is generally characterized by a downward movement of soil into bedrock voids without breaking the ground surface.
CLUB, LODGE or SOCIAL BUILDING
A building, structure, lot or part thereof, used to operate a nonprofit club or social organization, for the exclusive use of the members of the club or social organization, and which is not an adjunct to, operated by or in connection with a restaurant, cafe or other public place. If a club, lodge, or social building contains or is used in connection with a health club or fitness center (see "health club; fitness center") or a golf course (see "golf course"), the building, lot or part thereof so used shall be deemed a health club or fitness center or a golf course. Food and drink service and dining for members as part of a club, lodge or social building shall be considered customary and incidental to the use.
CO-LOCATION
The mounting of one or more commercial antennas onto an existing communication tower, antenna support structure, or on any structure that has been previously approved by the Township to support at least one commercial antenna.
COMMERCIAL CATERING, BAKING AND CONFECTIONER ESTABLISHMENTS
A business or establishment that includes a commercial grade kitchen, or kitchens for food production and subsequent consumption off-premises. The only consumption permissible at the establishment shall be scheduled samplings of food during consultation with customers in preparation for events including, but not limited to, weddings, wakes, reunions, business events, public events, political events and the like.
COMMISSION
The Planning Commission of the Township of Lower Macungie.
COMMUNITY CENTER, ADULT EDUCATION CENTER OR SIMILAR FACILITY OPERATED BY AN EDUCATIONAL, PHILANTHROPIC OR RELIGIOUS INSTITUTION
A recreation or educational center open to the public and operated by a nonprofit organization, religious or governmental entity where classes, activities, events and the like may be held. However, there shall be no childcare, lodging or housing, camping and school as part of this use.
COMPREHENSIVE PLAN
The official Comprehensive Plan for the Township of Lower Macungie, officially known and adopted as the Southwest Lehigh County Regional Comprehensive Plan of 2017.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions in Part 24 and requiring a recommendation from the Planning Commission prior to an approval and a determination by the Board of Commissioners at a public hearing where it is demonstrated that the use complies with standards set forth in this chapter. Conditional use approval may be granted subject to conditions imposed by the Board of Commissioners.
CREMATORY
A facility that is fully licensed by the Commonwealth of Pennsylvania to incinerate or disintegrate bodily remains and conforms with all state regulations and this chapter.
CULTURAL CENTER/CULTURAL FACILITIES
A lot, parcel, tract, building or structure or part thereof open to the public and designed, intended or used for exhibits of a cultural interest. The term "cultural center" includes museums, art galleries, libraries, auditoriums and natural study areas.
DATA CENTER
A facility colloquially known as a "server farm" where companies or organizations securely house data servers or other associated equipment for the purpose of data storage, transmittal or security operation as part of business operations or continuity.
DAY-CARE CENTER
A profit or nonprofit facility for the care of more than three children or impaired adults on a regular basis during a portion of the day or night for the purpose of temporarily relieving the individual's legal guardian of that care. The term "day-care center" shall include nursery schools and drop-in centers. The term "day-care center" shall not include such care provided for less than four children or adults requiring supervision.
DECISION
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the municipality lies.
DECK or PATIO
A platform which is not covered by a roof or permanent awning and is designed, intended or used for outdoor living purposes as an accessory use to a structure.
DENSITY, GROSS
A number determined by dividing the total number of dwelling units by the base site area (total amount of land in the lot, parcel or tract minus all of that land within the existing or ultimate rights-of-way of existing roads). Density requirements shall be determined in direct proportion to lot size, i.e., maximum eight units per acre, four units per 1/2 acre, two units per 1/4 acre.
DETENTION POND
A basin designed, intended or used to retard stormwater runoff by temporarily storing the runoff in the basin and releasing it at a predetermined rate.
1. 
Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
A. 
The Lower Macungie Township Board Commissioners.
B. 
The Zoning Hearing Board.
2. 
Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPABLE ACREAGE
The portion of the original tract in the AP District allocated for residential development with single-family detached dwelling units under § 27-406 or those lots upon which a single-family detached dwelling unit is permitted pursuant to the schedule within § 27-407. Does not include the farmstead lot.
DISTILLERY, CRAFT
A beverage processing use that distills and packages spirits such as whiskey, rum, vodka, gin or other liqueurs for distribution and consumption on or off site. A craft distiller may have alcohol service and indoor or outdoor food/restaurant service as customary and incidental accessory uses. Programming and events may also be scheduled for the facility such as tours, corporate or social events, or holiday or seasonal celebrations in a facility of no more than 50,000 square feet.
DRIVE-THROUGH SERVICE ESTABLISHMENT
An establishment or activity where patrons are provided while remaining in their motor vehicles with professional or personal goods or services for consumption, use or enjoyment outside of the confines of the principal building regardless of whether seats or similar accommodations are otherwise provided.
DWELLING
Any building that is designed, maintained and intended to be used, in whole or in part, for residential purposes:
DWELLING UNIT — A room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping and, typically, cooking and eating by one family. For the purposes of facilities where residents are housed in rooms but are provided with meals and other services utilizing common facilities, such as life care centers (see "life care center"), hospitals (see "hospital"); one "dwelling unit" shall be considered to be three such residents (beds).
MULTIFAMILY APARTMENT DWELLING — A building containing more than one dwelling unit, with minimum sizes of 600 square feet, with each individual dwelling unit sharing a common outside access and sharing a common yard area which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall be deemed multifamily apartment dwellings. A single or multiple apartments as part of a building with a mix of uses shall be deemed multifamily apartment dwellings within a mixed-use structure. Life care centers or portions thereof which contain dwelling units whose residents have separate living units and who do not receive custodial care but who may receive other services to enable the residents to maintain substantially independent living are deemed multifamily apartment dwellings.
SINGLE-FAMILY ATTACHED DWELLING — A building or structure having only one dwelling unit from ground to roof, two points of independent outside access, at least two other dwelling units built in conjunction therewith and any portion of one or two unpierced party walls adjoining an adjacent dwelling. The term "single-family attached dwelling" shall include row homes and townhouses.
SINGLE-FAMILY DETACHED DWELLING — A dwelling unit on a permanent foundation or a mobile home stand constructed pursuant to § 27-1705 of this chapter, occupied as a residence for one family, which does not have a vertical wall in common with another building.
SINGLE-FAMILY SEMIDETACHED DWELLING (INCLUDING TWINS) — A building or structure having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.
EASEMENTS
A liberty, privilege or advantage which one has in the lands of another for a precise and definite purpose, subordinate to but not inconsistent with the owner's general property rights.
EDUCATIONAL INSTITUTION
A public, private or parochial school, academy or college certified or accredited, including any educational institution regulated by the Department of Education. The term "educational institution" shall not include nursery schools or day-care centers.
ELECTRICAL SUBSTATION
An assemblage of equipment for transferring electric power rather than for its generation or utilization.
ENHANCED ARCHITECTURAL FEATURES
Quality materials, unique design schemes, ornamentation, a mixture of building materials or cladding and other features that create high-quality variation between buildings while utilizing architectural grade cladding or materials and in congress with design notations in the Lower Macungie Township Design Guidelines.[4]
ESSENTIAL UTILITIES
Utilities such as sewage, water, gas and electric lines and related appurtenances required and necessary to serve property owners in the municipality are essential utilities. The term "essential utilities" shall not include cross-country transmission lines or other utilities not required or necessary to serve the municipality.
FAA
The Federal Aviation Administration.
FAMILY
One or more persons related by blood, marriage, adoption or foster relationship, living together in a dwelling as a single housekeeping unit; or a group of not more than six unrelated persons who are living together in a dwelling unit and maintaining a single housekeeping unit, including such persons who may be mentally or physically impaired, whether or not they are supervised or receive any specialized services. The term "family" shall not include the occupants of a clubhouse, halfway house for criminals or juvenile delinquents, or large group care facility.
FARM STAND
A use with a table or structure that is used to display offered for sale, farm, farmstead nursery or greenhouse products produced on the premises.
FARMSTEAD
A group of buildings, including single-family dwelling, barn and accessory buildings, typically found on a farm and which are customarily used for agricultural operations. Farm stands may be located on a farmstead.
FARMSTEAD LOT
A lot containing the agricultural residue along with a single-family detached dwelling unit as allowed under the provisions of Part 4 (Agricultural Protection District).
FAST FOOD RESTAURANT
A use which offers food or drink through a drive-up or drive-through service establishment (see "drive-through service establishment"), where patrons remain inside their motor vehicles in a drive-up area or a drive-through lane, and/or a walk-up window, where patrons approach the use on foot, with the purchased food or drink to be consumed on or off the premises. This use may also include a restaurant offering food or drink for consumption on the premises. Restaurants which offer curbside pick-up and do not have a drive-up area or a drive-through lane shall not be included within fast food restaurants.
FCC
The Federal Communications Commission.
FENCE
A man-made barrier placed or arranged as a line of demarcation between lots or used to enclose a lot, parcel, tract or portion thereof. The term "fence" does not include barriers of landscaped materials such as trees, bushes or hedges.
FINISHED GRADE
See "grade, finished."
FLOOD
A temporary inundation by surface water of land areas not continually inundated.
FLOOD HAZARD AREA
An area within the floodplain with the highest threat of regular inundation or continuous damage from frequent flood events.
FLOOD-PRONE AREAS
Areas within the 500-year floodplain and areas containing alluvial soils.
FLOODPLAIN
A relatively flat or low lying area adjoining a river, stream or watercourse which is subject to partial or complete inundation during a 500-year design frequency storm or an area subject to the accumulation or runoff of surface waters from any source as delineated by the Federal Emergency Management Agency (FEMA).
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge floodwaters in a 100-year design frequency storm without cumulatively increasing the 100-year water surface elevation more than one foot at any point.
FLOOR AREA OR SPACE
The aggregate area of all floor areas in a building or structure. Floor area shall be determined by measuring the horizontal plane from interior wall to interior wall at floor level. Floor area shall not include residential unfinished basements used for nonresidential purposes.
FOOD AND BEVERAGE PROCESSING
The industrial manufacture, processing, preparation, baking, juicing or otherwise creation of edible or drinkable products for distribution and consumption off site.
FORESTRY
Developing, caring for or cultivating mature woodland; the management of growing timber for lumber or commercial wood by-products.
BUFFER ZONE — Land surrounding the immediate perimeter of a logging operation in which no cutting or trees or other vegetation shall occur except for the isolated cutting of individual trees which are dead, damaged, sick, infected or constitute a danger to neighboring property, the public generally, or other trees in the area.
CLEAR CUTTING — A logging method whereby all trees from a tract of land or a portion thereof are removed.
FORESTER — A person with a degree in forestry from a college or university accredited by the Society of American Foresters.
LOGGING or LUMBERING — The cutting down of trees in or for any type of business or commercial purpose.
SELECTION METHOD — A method of selectively removing trees from a wooded area either singly or in small groups according to age and size with provision being made for natural or artificial revegetation.
SLASH — All debris resulting from logging operations including stems, limbs or parts thereof.
TOPS — That part of a felled tree which is left above the part of the tree to be utilized as the lumbering log.
FORM OF MEDICAL MARIJUANA
The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient as permitted under the Act.
FREESTANDING SIGN
A sign which is supported by one or more columns, uprights, braces or similar structures which are affixed to or are situated upon the ground.
FRONTAGE
That part of a lot abutting a street right-of-way, commonly referred to in terms of "feet of frontage."
FUEL
Any substance that is burned, consumed or otherwise used for the production of heat, power or energy.
FUEL DISPENSING STATION
A lot, parcel, tract, building, or structure where fuel for vehicles including, but not limited to, gasoline or diesel is stored and sold at retail. Additional convenience retail or food preparation and sale shall be considered customary and incidental to this use. A fueling station shall not be used for long- or short-term parking of more than two tractor trailer trucks or long-term parking for any passenger vehicles or other commercial vehicles. No showers, bathing, gambling or personal services shall be permitted within or accessory to this use.
GAME ROOM
A place where amusement devices are provided and utilized as the principal use of the premises.
1. 
A garage for the convenience of the general public in which no servicing, repairs, washing or reconditioning of motor vehicles occurs.
2. 
A building or part thereof, whether or not enclosed, used for the storage of vehicles or used for the convenience of the owner or occupants of the main building and in which no business, use or service is rendered, provided or conducted for the benefit of the general public.
3. 
A building or part thereof used for the storage of one or more vehicles for remuneration which may include facilities and equipment for servicing, repairing, washing or reconditioning vehicles, as well as any and all services or equipment provided by or at a motor vehicle service station.
GARBAGE
See "solid waste."
GENERAL CONSTRUCTION CONTRACTING
A use or service involving any of the building or construction trades including, but not limited to, building construction, excavation and paving.
GOLF COURSE
A parcel, lot or tract of land designed, intended or used for the purpose of engaging in the sport or activity of golf. The term "golf course" shall include all golf holes, practice tees, ranges and clubhouses when designed, intended or used in connection with an established golf course, but shall not include driving ranges, practice tees, miniature golf or chip-and-putt areas when such establishments are not designed, intended, used or operated in connection with an established golf course.
GOVERNMENTAL USES
Municipal, county, state or federal government buildings or facilities designed, intended or used by the government or those designed, intended or used by the public and owned by the government.
GRADE
The surface of the ground, lawns, walks or streets adjoining the exterior walls of any building or structure.
GRADE, FINISHED
The completed surface of the ground, lawns, walks or streets adjoining the exterior walls of any building or structure.
GRADING
Changing existing topography through cutting or filling earth or any combination thereof.
GREENHOUSE
See "nursery."
GREENWAY
Designated open space utilized for passive recreation and/or environmental protection or preservation as defined and shown on the Lower Macungie Township Official Map, Lower Macungie Township Official Recreation Plan and the Lower Macungie Township Official Greenway Master Plan.
GREENWAY (PER OPEN SPACE NEIGHBORHOOD)
Newly delineated and created open space utilized for passive recreation, agriculture, horticulture and/or environmental protection or preservation as part of an open space neighborhood development part of this chapter.
GROUP CARE FACILITY
A residential facility designed, maintained and used for the provision of care and treatment to more than six residents who are physically or mentally impaired or who are experiencing family conflict problems or homelessness. A facility shall only be considered a large group care facility if there is a twenty-four-hour supervisory staff or the facility is affiliated with a health care provider or profit or nonprofit entity licensed or certified by the commonwealth. Large group care facilities shall not include correctional halfway houses for criminals or juvenile delinquents. For purposes of this chapter, a "group care facility" and a "group home" shall be considered the same use and defined as written above.
1. 
Any garbage, refuse, sludge from an industrial or other waste water treatment plant, medical or biohazard waste, electronic waste, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or any combination of the above (but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges) which are point sources subject to permits under the Federal Water Pollution Control Act,[5] or source, special nuclear, or by-product material as defined by the U.S. Atomic Energy Act of 1954,[6] which because of its quantity, concentration, or physical, chemical or infectious characteristics may:
A. 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.
B. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
2. 
The term "hazardous waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act, 52 P.S. § 30.51 et seq., and shall not include treatment sludges from coal mine drainage treatment plants, the disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law, 35 P.S. § 691.1 et seq.
HEALTH CLUB; FITNESS CENTER
A building, structure, lot or part thereof used to offer indoor or outdoor recreational facilities or activities, such as exercise or weight rooms, racquet sports, non-household swimming pools, aerobics or nutrition classes, steam rooms, saunas, and the like, whether for profit or not-for-profit and whether or not operated by or in connection with a club, lodge or social building (see "club, lodge or social building") or a hospital (see "hospital") or medical center (see "medical center; medical office").
HEIGHT OF A TOWER
When referring to a tower used or to be used in wireless communications, the distance measured from the finished grade at the perimeter of the structure to the highest point on the tower or other structure, including the base pad and any antenna. If the base of the tower is not on ground level, the height shall include the base of the building or other structure to which the tower is attached.
HEIGHT OF BUILDING OR STRUCTURE
The vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding residential chimneys, silos and other similar structures. Architectural features that extend beyond the top of finished space that shield view of machinery such as HVAC equipment, elevator shafts, roof stairway access, or to add design elements of the structure shall not be calculated towards height.
HELIPORT
A lot, parcel or tract of land, water or a structural surface which is designed, intended or used primarily for the landing and taking off of helicopters and any appurtenant areas which are designed, intended or used for helicopter support facilities, including but not limited to maintenance, fueling and parking.
HISTORIC DWELLING OR STRUCTURE
Any dwelling or structure located within the Township that is listed on the National Registry of Historic Places, listed by the Commonwealth of Pennsylvania or Lehigh County as a historic place or structure, or has been listed or called out by the Lower Macungie Township Historical Commission as a historic place or structure.
HOME OCCUPATION
Any use of a dwelling conducted entirely within a dwelling by not more than a total of three persons (regardless of the number of hours employed or worked per day, week or month by such persons), at least one of whom such persons shall have that dwelling as his/her full-time, permanent and exclusive domicile and residence, and which use also fully complies with all of the criteria of § 27-2406, Subsection IT, of this chapter (including, but not limited to, the exclusion of certain uses therein stated).
HORTICULTURE
The cultivation of a garden, orchard, or nursery; the cultivation of flowers, fruits, hops, vegetables, or ornamental plants.
HOSPITAL
A building or part thereof used for the medical, psychiatric, obstetrical or surgical care on a twenty-four-hour basis. The term "hospital" shall include facilities used for medical research and training for health care professions, general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals, and any such other facilities which provide in-patient care. The term "hospital" shall not include any facility in which is conducted the housing of the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony.
HOTEL/MOTEL
An establishment where the public may, for consideration, obtain sleeping accommodations and meals, such establishment shall have at least 10 permanent bedrooms for the use of guests. The term "hotel" does not include bed-and-breakfast, boarding, rooming or lodging house.
HOUSEHOLD PETS
Domestic animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasure of the resident family and shall include animals such as dogs, cats, gerbils, and other similar pets normally sold by retail pet stores or breeders. The term "household pets" shall not include any farm stock animals, with the exception of poultry or fowl as regulated in this chapter, or dangerous or endangered species. Dangerous species shall include any venomous reptile, insect, arthropod or arachnid or any wild animals including, but not limited to, raccoons, fox, opossum, birds of prey, exotic or wild cats or hybrids such as lynx, bobcat, serval or exotic or wild dogs such as coyote, wolf, or any hybrid thereof.
HYDRIC SOILS
See § 27-1905, Subsection 1.
IDENTIFICATION CARD (PER MEDICAL MARIJUANA)
A document issued by the DOH pursuant to the Act that permits access to medical marijuana.
IMPERVIOUS COVERAGE
The percentage of a lot area covered by impervious surfaces. Impervious surfaces shall include: asphalt, blacktop or macadam, concrete or cement, any area covered by a building or structure's footprint, any artificial play surface where water does not infiltrate or drain, any area of compacted crushed stone, or any other material that does not allow the infiltration of water and creates ponding or run off which shall also be deemed impervious.
IMPERVIOUS SURFACE
A surface which does not absorb water or rain and includes roofs, buildings, parking areas, driveways, roads, streets and any areas covered by concrete, asphalt, compacted gravel or compacted stone. Man-made ponds and swimming pools shall not be calculated as impervious for purposes of this chapter.
INCINERATION
The process of burning combustible solids, liquids or gases.
INCINERATOR
Any device which can be used for the burning of combustible organic or inorganic waste.
INN
See "hotel."
JUNKYARD
A lot, parcel, tract, building, structure or part thereof, which is used to collect or store scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment and glass containers, or which is used to collect, dismantle, store or salvage machinery or vehicles not in operating condition, and shall also include the sale, resale, salvage or conversion to some other use, of the parts of machinery or vehicles. Any lot, parcel, tract, building, structure or part thereof, which is used to collect, store or transfer any garbage, solid waste, refuse, toxic or hazardous substances shall not be considered a junkyard.
KARST
A type of topography that is formed over limestone, dolomite or gypsum by bedrock solution, and that is characterized by closed depressions or sinkholes, caves and underground drainage.
KENNEL
A lot, parcel, tract, building, structure or part thereof designed, maintained and used for the boarding, breeding, training or raising of five or more animals exceeding six months in age for compensation.
LAND DEVELOPMENT
Any of the following activities:
1. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A. 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
B. 
The division or allocation of land or space, whether initially or cumulative, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
2. 
A subdivision of land.
3. 
Development in accordance with § 503.1.1 of the Municipalities Planning Code, 53 P.S. § 10503.1.1.
LANDFILL, SANITARY
A tract, parcel or lot used for the disposal of garbage, refuse or ashes by depositing them in layers of controlled depth and width in trenches or depressions and covering each layer promptly on all sides with a compact layer of clean earth and other inorganic material of sufficient thickness to exclude rodents and to prevent the escape of odors or outbreak of fires.
LIFE CARE CENTER
A community facility, typically including a range of residential options including skilled nursing care, custodial care, and semi-independent living units or apartments, which may include health services, communal dining, recreation areas, open space, parking and accessory facilities. A "life care center" may include a nursing home, accessory transitional "age-in-place" multifamily apartment dwellings, assisted living, personal care/skilled care for those with special needs and certain limited support facilities intended specifically to serve the needs of the residents.
LIGHT MANUFACTURING
Fabrication, creation or production of items such as articles or merchandise from the following previously prepared materials: plastics, bone, canvas, cellophane, cork, feathers, fiber, glass, horn, leather and fur (excluding tanning, curing and dyeing) precious or semiprecious metals or stones, shell, textiles, and tobacco; or ceramic products (using only previously pulverized clay); novelty or small products from previously prepared paper or cardboard (not including bulk processing); mass-produced jewelry or clocks and watches; medical, drafting, optical and other professional and scientific instruments and equipment; musical instruments; small rubber products and synthetic treated fabrics (excluding spinning and weaving, but not including wool scouring and pulling, or jute or burlap processing or reconditioning); toys; and wood products (excluding planning mills and bulk processing of wood and lumber), cardboard boxes, envelopes, containers, and novelties from previously prepared paper or cardboard.
LOADING SPACE
An off-street area used for loading and unloading of goods.
LODGE
See "club, lodge or social building."
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. Lots held in common ownership and not separated by a street or separating natural feature such as a stream or creek may be considered one lot.
LOT AREA
An area of land which is determined by the limits of the property lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in determining lot area.
LOT DEPTH
The horizontal distance between the midpoint of the front lot line to the midpoint of the rear lot line.
LOT LINE
A line forming the front, rear or sides of lots, commonly referred to as front, rear or side property lines.
LOT LINE, FRONT — The lot line along a public or private street. In the event that a lot has more than one such lot line, all shall be deemed front lot lines.
LOT LINE, REAR — Any lot line which is parallel to or within 45° of being parallel to the front lot line. In the event that a lot has no street frontage or is a corner lot or a lot of an odd shape, the lot line farthest from any street shall be considered the rear lot line.
LOT LINE, SIDE — Any lot line which is not a front or rear lot line.
LOT WIDTH
The horizontal distance measured between the side property lines at the building setback line.
LOWER MACUNGIE TOWNSHIP DESIGN GUIDELINES
Prescriptive accessory documents to this chapter that are binding and provide direction or requirements for building massing, design, layout, architecture, materials, roof lines, lighting, signage, landscaping, public space or trail features, on-site features, etc., that have been adopted by resolution by the Lower Macungie Township Board of Commissioners.[7]
MAIN BUILDING
See "principal building structure or use."
MANUFACTURED HOUSE
A dwelling unit fabricated at an off-site manufacturing facility for installation or assembly at the building site bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards and which has been attached to a permanent foundation.
MEDICAL CENTER; MEDICAL OFFICE (PER MEDICAL MARIJUANA)
A building or part thereof used for medical, psychiatric, obstetrical or surgical care. The term "medical center" shall include facilities similar to general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals and any other such facility which provides care, whether or not on a twenty-four-hour basis, but does not provide services or care for overnight stays and is not licensed by the state as a general hospital. Home offices of health care professionals shall be considered home occupations, and shall not be included in this definition.
MEDICAL MARIJUANA (PER MEDICAL MARIJUANA)
Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania by the Act.
MEDICAL MARIJUANA DISPENSARY (PER MEDICAL MARIJUANA)
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the commonwealth pursuant to the Act to dispense medical marijuana. A zoning permit may be denied, and shall be automatically revoked if already granted to an applicant, in the event such permit holder and/or applicant's license for growing, processing, transporting, dispensing, or researching medical marijuana with the Pennsylvania Department of Health is revoked, suspended or otherwise limited in any manner.
MEDICAL MARIJUANA GROWER/PROCESSOR (PER MEDICAL MARIJUANA)
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the commonwealth pursuant to the Act to grow and process medical marijuana. A zoning permit may be denied, and shall be automatically revoked if already granted to an applicant, in the event such permit holder and/or applicant's license for growing, processing, transporting, dispensing, or researching medical marijuana with the Pennsylvania Department of Health is revoked, suspended or otherwise limited in any manner.
MEDICAL MARIJUANA ORGANIZATION OR FACILITY (PER MEDICAL MARIJUANA)
A dispensary or a grower/processor of marijuana for medical purposes as licensed pursuant to the Act.
MEDICAL MARIJUANA TRANSPORT/VEHICLE OFFICE (PER MEDICAL MARIJUANA)
Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana growers/processors and/or dispensaries as permitted by the Act.
MIXED-USE DEVELOPMENT
A development or redevelopment of land, buildings or space that includes residential housing, retail, dining or commercial services and/or professional services within a single development. A mixed-use development may rest on a single lot or multiple lots, but must be approved as a single land development.
MIXED-USE STRUCTURE
A structure that includes several uses including, but not limited to, office, commercial, service, retail, etc. where a residence or residences are located within the same building/structure.
MOBILE HOME
Officially known and regulated as a manufactured housing unit by the Commonwealth of Pennsylvania, that is a transportable single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME PAD/SPACE
An area of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel 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.
MONOPOLE
A wireless communications facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connecting appurtenances.
MORTUARY or FUNERAL HOME
An establishment that receives and prepares bodies for permanent interment or conducts cremation in addition to hosting facilities for religious or secular wakes or memorial services. Temporary storage of bodies in proper facilities prior to embalming, preparation, or autopsy is customary and incidental to a mortuary or funeral home use.
NATURALIZE/NATURALIZATION
The construction of space or process of allowing natural succession to occur at a particular site within the Township. These areas are planted with hearty native species selected to thrive independently in the conditions where they will reside. Examples of naturalization include reforestation with native tree species, meadow conversions utilizing grasses and flowers, riparian buffer creation or restoration, constructed wetlands or wetland restoration and the like.
NONCONFORMING BUILDING OR STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location.
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING SIGN
A sign or sign display area that does not conform to the sign or sign display area requirements as established by this chapter. To be considered nonconforming, the sign or sign display area shall also have predated the implementation of zoning in the Township of Lower Macungie or have been lawfully conforming prior to the enactment of this chapter.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location.
NURSERY
A lot, parcel, tract, building, structure or part thereof used for the raising and wholesale distribution of trees, shrubs, flowers, house plants and other similar plants.
NURSERY SCHOOL
See "day-care center."
OCCUPANCY
Use of a building or lot for a specific purpose.
OFF-PREMISES SIGN
A sign advertising goods, products, or services which are not sold, manufactured, distributed or provided on the premises where the sign is situate. Off-premises signs also include signs used to direct the general public to places, business or areas not located on the site of the sign.
OFF-STREET PARKING AREA, PRIVATE
An area on private property designed and used for the parking or storage of one or more passenger vehicles as an accessory use. Private off-street parking areas shall include private garages, carports and improved accessory parking spaces.
OFF-STREET PARKING AREA, PUBLIC
An open space, other than a street or other public right-of-way, designed, maintained and used by the general public for the parking of vehicles.
OFFICE
A commercial or nonprofit establishment or use involving clerical, professional or administrative work, which may include the provision of customer services but shall not include on-premises sales of a product or merchandise, unless incidental to the primary office use. The term "office" shall not include retail, distribution, industrial, manufacturing, or assembly uses.
OFFICIAL ROAD CLASSIFICATION MAP
A map adopted by the Township showing the location of the lines of existing and proposed public streets, water courses and public grounds, including widenings, narrowings, extensions, diminutions, openings, closings or vacations of the same for the whole of the municipality. This map is attached to this chapter and is incorporated by reference.
OFFICIAL ZONING MAP
The map adopted by ordinance pursuant to Part 3 of the Lower Macungie Township Zoning Ordinance.
OPEN SPACE
That part of a lot, parcel or tract which is intended for common use, which is at least 20 feet away from, and unoccupied and unobstructed by, any structure or impervious cover, except recreational and utility structures, which are permitted. The term "open space" shall not include any area designed, maintained, or used for streets, roads, highways, driveways, or parking areas.
OPEN SPACE NEIGHBORHOOD DEVELOPMENT
A subdivision and land development that complies with all provisions of the both the Zoning and subdivision and land development Sections of this chapter. An open space neighborhood conserves undeveloped land for the purpose of protecting open space in contiguous, unfragmented, commonly managed landscapes that will protect large, intact wildlife habitat areas, promote greater biodiversity and maintain ecosystem processes. This type of development contributes to the creation of community-wide greenway systems, protects productive agricultural soils and agricultural uses, conserves existing landscapes of an area and provides for choice in styles of housing and development pattern for citizens to reside.
ORDINANCE
Shall refer to the Lower Macungie Township Zoning Ordinance, including the Official Zoning Map, Official Street Classification Map, all overlays to the Zoning Map and all amendments thereto.
ORIGINAL TRACT
A parcel of land in the AP District of at least 12 acres in size, as of October 30, 2009.
OUTDOOR MOVIE THEATER
A theater which shows movies, motion pictures, videos or other similar reproduced entertainment on a screen located out of doors which are rated "G," "PG," "PG-13" or "R" by the Classification and Rating Administration (CARA) of the Motion Picture Academy of America.
PARKING SPACE
An area designed or used for the parking of a motor vehicle, exclusive of passageways, driveways and accessways appurtenant thereto.
PATIO
See "deck" or patio."
PERMIT, BUILDING
A certificate issued by a designated Township official for the construction, reconstruction, remodeling, alteration or repair of a building, structure or part thereof.
PERMIT, TEMPORARY USE
A certificate issued by a designated Township official for the conduct of a use for a limited time period indicating the duration of the permit and indicating that all special requirements governing such use and all other applicable zoning requirement have been met.
PERMIT, ZONING
A certificate issued by a designated Township official stating that the purpose for which a building or land is to be used is in conformity with all requirements of this chapter for the zoning district in which the use is situated.
PERMITTED USE
A use of a lot, parcel, tract, building, structure, sign or part thereof which is permitted as of right in a particular zoning district.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine, imprisonment or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PERSONAL SERVICE ESTABLISHMENTS
Places primarily providing services which do not involve retail sales or professional advisory services. The term "personal service establishments" shall include those oriented to serving personal needs, such as barber and beauty shops, spas, nail salons, shoe repair shops, household appliance repair shops, dry-cleaning and laundry pickups, computer and phone repair services, tattoo parlors, travel agency and other similar establishments.
PLACE OF WORSHIP
A building or portion thereof designed, intended or used as a place of worship or gathering place for persons engaging in religious services, activities or ceremonies. The term "place of worship" shall include churches, chapels, cathedrals, sanctuaries, temples, synagogues, mosques, missions, meeting places, and similar designations. Places of worship shall comply with all sections of this chapter.
PLAN
A drawing submitted for a zoning permit prepared and sealed by a registered professional engineer, architect, landscape architect or surveyor.
PLANNED/COORDINATED COMMERCIAL DEVELOPMENT
An area of land under single ownership containing any combination of two or more principal commercial, retail, professional, personal service or other uses within separate buildings permitted by right, as a special exception, or as a conditional use in the district in which the development is proposed. A planned commercial development submits for development as a single development, though phasing may be permitted, with the requirement of architectural schemes, landscaping and public amenities via a submitted and Township-approved project design companion for the development that conforms to the Lower Macungie Township Design Guidelines.
PLANNED/COORDINATED INDUSTRIAL DEVELOPMENT
An area of land under single ownership containing any combination of two or more principal uses within separate buildings permitted by right, as a special exception, or as a conditional use in the district in which the development is proposed. Such a development may never include any warehouse, logics or distribution uses unless directly accessory to another primary industrial or production related use on site. A planned industrial development submits for development as a single development, though phasing may be permitted, with the requirement of architectural schemes, landscaping and public amenities via a submitted and Township-approved project design companion for the development that conforms to the Lower Macungie Township Design Guidelines.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as approval is current and not expired, or other tower or antenna lawfully installed in Lower Macungie Township.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of the first, second, or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services county soil survey. It is intended that prime agricultural land shall include all land which contains such Class I, II, or III soils as previously set forth, even if such land is not then actively being used for agricultural purposes, as long as such land has not already been developed for another purpose and is therefore potentially available for agricultural use at some future time.
PRINCIPAL BUILDING, STRUCTURE OR USE
The primary building or structure or use conducted on a lot or parcel of land.
PRIVATE CLUBS
See "club, lodge or social building."
PROFESSIONAL SERVICE ESTABLISHMENT
Businesses or establishments that provide professional business related services such as engineers, lawyers, architects, website designers, accountants, financial advisors and the like which generally do not require any sort of large scale specialty equipment, machines or apparatus within the place of business. See "office."
PROJECT DESIGN COMPANION
A document prepared by an applicant to Lower Macungie Township that includes the architectural design of a proposed building or buildings, showing layout, elevations, materials, colors, signs, roof lines, and the like. Also included in the document shall be all proposed signage and its design, utility and ornamental lighting, all landscaping and fencing or walls and all proposed public spaces, gathering spaces, trails or walking areas and examples of all furniture or accessory structures. This document, where designated by this chapter, shall be reviewed and approved by the Township, binding and applicable to any approved land development or specified Township permit.
PUBLIC BUILDING OR FACILITY
Municipal, county, state or federal government buildings or facilities designed, maintained or used by the government or designed, maintained or used for public use which is sponsored by such governments, except landfills and waste disposal areas and facilities. Public buildings and facilities shall not include alternative tower structures, antennas, backhaul networks or towers.
PUBLIC NOTICE
A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC OR PRIVATE EDUCATIONAL INSTITUTIONS
An educational facility that provides classes or training in specific fields or activities such as martial arts, dance, gymnastics, drama, music, voice and the like. This use is not an academic primary, intermediate or secondary public, private or religious school, college, university.
RECREATION
Refreshment of one's mind or body through exercise or activities that foster physical fitness or amuse. Recreational facilities or activities, as used herein, exclude golf courses, driving ranges, pitch-and-putt courses, miniature golf courses, and entertainments or amusements, such as bowling alleys, theaters, auditoriums, stadiums, skating rinks, arcades, pool halls, and the like.
RECREATION FACILITY, PRIVATE
A building or area of land within a residential development designed, maintained, and used for recreation that is only open to residents of the residential development.
RECREATION LAND
Land dedicated to the Township or other entity approved by the Township for the use of the Township's residents which is suitable for active uses such as playing fields. The term "recreation land" shall not include areas within the 100-year floodplain, power line or pipeline rights-of-way, quarries, road rights-of-way, buffer zones, stormwater management facilities, areas characterized by wetlands, hydric soils, slopes in excess of 15% or woodlands.
RECREATION USE, NONPROFIT, PRIVATE OR COMMERCIAL
Leisure time activities that are open to members, guests, patrons or some specific groups at a facility that has controlled or limited access to the public. Uses may include certain sports, fitness or wellness activities in addition to other recreation and may also include the use of a summer camp where youth may stay to engage in similar indoor or outdoor activities while lodging for periods of time.
RECREATIONAL VEHICLE OR UNIT
A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles include travel trailers, truck-mounted campers, motor homes, folding tent campers and automobiles, buses or trucks adapted for vacation use, snowmobiles, mini-bikes, all-terrain vehicles, go-carts, boat trailers, and other vehicles not suitable for daily conventional family transportation on Township roads, streets and highways.
RECYCLING COLLECTION OR TRANSFER CENTER
A lot, parcel, tract, building, structure or part thereof designed, maintained and used for the collection, sorting and transfer of nontoxic recyclable items.
REGISTRY/REGISTERED (PER MEDICAL MARIJUANA)
The registry established by the Pennsylvania Department of Health for all medical marijuana organizations and practitioners pursuant to the Act.
RESEARCH PARK
A planned development that may either be a single lot or multiple lots that primarily consists of research laboratories, pilot plants, testing facilities collaborative workspaces, and the like, with associated accessory storage, office, executive space, meeting space, cafeterias, auditoriums, etc.
RESIDENTIAL PLANNED CLUSTER DEVELOPMENT
A tract of land or lot planned and developed for multiple residential units.
REST HOME
See "life care center."
RESTAURANT
Any establishment at which food or drink is sold for consumption on the premises or via a clearly accessory pick up station. The term "restaurant" shall not include any snack bar at a public or community playground, play field, park or swimming pool operated by a governmental agency or municipal agency for the convenience of the patrons of those facilities. This use may include an accessory food pick-up service area upon review and approval by the Township.
RETAIL STORE
A single business enterprise which primarily engages in the retail sale of consumer goods such as wearing apparel, antiques, books, beverages, confections, drugs, dry goods, flowers, food stuffs, gifts, garden supplies, hardware supplies, household goods, jewelry, paint, periodicals, tobacco, etc.
REVERSE FRONTAGE LOT
A parcel designed such that individual residential uses abut a street on both the front and rear, with vehicular access from only one street. A lot will only be deemed a reverse frontage lot if access is from a local street.
RIGHT-OF-WAY
Land set aside or designated for public or private streets, roadways, sidewalks, curbs and the installation of public utilities. The term "right-of-way" shall include the ultimate or future right-of-way.
RIGHT-OF-WAY LINE, EXISTING
The line separating a lot from the area designated for a street or utility purpose.
RIGHT-OF-WAY LINE, ULTIMATE
The line separating a lot from the area designated for the eventual expansion of street or utility rights-of-way.
RIPARIAN BUFFER
An area bounding a river, stream, brook, creek or run vegetated with native species of trees, bushes and other vegetation to provide shade, protection and seclusion of water bodies from adjacent land uses which in turn increases water quality and overall the health of watersheds.
SATELLITE DISH ANTENNA
A device incorporating a reflective surface greater than two feet in diameter, that is solid, open mesh or bar configured, is in the shape of a shallow dish cone, horn or cornucopia and is used to transmit or receive radio or other electromagnetic waves between terrestrially and orbitally based systems. The definition "satellite dish antenna" shall include, but shall not be limited to, satellite earth stations, television receivers only (TVROS) and satellite microwave antennas.
SCHOOL
A building or part thereof maintained for the purpose of offering instruction, or in which classes are conducted, whether or not for a consideration or tuition, to five or more pupils at one and the same time, or to 25 or more pupils during any school year, the purpose of which is to educate an individual generally or specially or to prepare an individual for more advanced study, and shall include all schools engaged in such education, whether private, public or parochial. The term "school" shall not include private correspondence schools, private music schools, private dance schools, private art schools, private dramatic art schools, private schools of charm or poise, private driver training schools or any type of private school which is nonacademic in character.
SCIENTIFIC AND RESEARCH DEVELOPMENT LABORATORIES
Laboratories where studies, design, testing, prototype innovation or management of clinical, academic or other research occurs for medical, biopharmaceutical, industrial, mechanical, chemical or other similar technical fields occurs.
SCREENING
The formation of a visual or acoustical barrier using such materials as dense evergreen shrubbery or architectural grade solid fencing of durable wood, masonry or engineered product construction, generally intended to shield nearby uses or structures from one another.
SELF-STORAGE FACILITY
A commercial facility that provides for lease or rental for specified periods an enclosed or unenclosed space or room for use by customers for the storage of the customer's personal property, including licensed and currently inspected noncommercial automobiles and recreational vehicles [provided no more than 25% of the portion of the lot used for storage (typically, the portion of the lot fenced-in for this use) may be used to store such automobiles and vehicles]. "Self-storage facility" use shall not include the use "warehouse and wholesale trade" and shall not include warehousing, manufacturing, or distribution uses or storage uses other than as provided in this subsection. No commercial, professional, industrial, retail or wholesale business or occupation shall be operated by the owners, operators, or customers of a self-storage facility using the storage spaces provided by the facility, except for the business of leasing or renting the facility itself. A residence for a caretaker of the facility may be included as an accessory use. No hazardous waste (see "hazardous waste," above) or dangerous materials or substances (as listed in § 27A-402, Subsection 1B, of Appendix 27A hereof, or similar substances) may be stored in or upon the premises of the facility. The owners, operators and customers of a self-storage facility shall comply with all other provisions of this chapter, particularly those of Section 27-1801 in Part 18, General Performance Standards, relating to outdoor storage control.
SETBACK
The distance between a use, building or structure (or any projection therefrom) and a lot boundary or right-of-way line, whichever is less.
SETBACK LINE
That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure or use must be erected or placed.
SEWER
A public or private utility system designed to collect, centrally treat and dispose of sewage from customers in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever is more stringent.
CENTRALIZED SEWAGE DISPOSAL SYSTEM — A public or private utility system designed to collect, centrally treat and dispose of sewage from more than one customer in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever is more stringent.
PRIVATE SEWAGE DISPOSAL SYSTEM — An on-lot septic tank disposal system generally providing for the disposal of effluent for only one building or a group of buildings on a single lot and provided in compliance with the Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever is more stringent.
SHOPPING CENTER
A group of retail and other commercial establishments that is planned, developed, owned and managed as a single property or single venture. The use in this chapter may be regulated to those shopping centers less than 50,000 square feet and those more than 50,000 square feet.
SIGHT TRIANGLE
See "clear sight triangle."
SIGN
Any permanent or temporary structure or part thereof, or any device attached, painted or represented directly or indirectly on or in a structure or other outdoor surface that shall display or include any letter, word, insignia or representation used as, or which is in the nature of, an advertisement, announcement, direction, and is designed to bring the subject to the attention of the public. The term "sign" shall not include the flag of any public, quasipublic, civic, charitable or religious group. Nothing herein shall be construed to prohibit noncommercial speech which is not obscene or libelous or which does not constitute or include fighting words. Additionally, nothing herein shall be construed to prohibit political speech subject to all applicable regulations.
ADVERTISING SIGN — A sign which announces, advocates or directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the property. Only one advertising sign may be located on a single and separate lot of record except as provided in § 27-2217, Subsection 2A, and elsewhere in this chapter.
BILLBOARD — A freestanding advertising sign.
DIRECTIONAL SIGN — An informational sign indicating direction, entry or exit, loading or service area, fire lanes, parking, no trespassing or similar information incidental to the primary use and not itself advertising that use.
FREESTANDING SIGN — A sign which is self-supporting upon the ground or which is supported by means of poles, pylons or standards in the ground. A freestanding sign is not attached to a building except by secondary supports such as guy wires.
IDENTIFICATION SIGN — A sign identifying a home occupation or identifying the use of a property, but one that has no advertisement.
ILLUMINATED SIGN, DIRECT — A sign which is designed to be illuminated by artificial light from a source adjacent to, or outside of, the sign in such a manner that the source of the light is not directly visible from the street or any other intended vantage point of the sign.
ILLUMINATED SIGN, INDIRECT — A sign which is designed to be illuminated by light from within the sign rather than a source adjacent to or outside of the sign.
MOVABLE SIGN — A sign which is not secured or attached to a structure or to the ground.
NAMEPLATE SIGN — A sign indicating only the name and/or address of persons or person residing on or legally occupying the premises.
OFFICIAL SIGN — A sign erected by the state, county, Township or other legally constituted governmental body, or specifically authorized by a Township ordinance or resolution.
PUBLIC SERVICES SIGN — A sign which advertises availability of rest rooms, telephones, meeting times of service organizations or other similar public conveniences.
SIGN, HEIGHT OF — The vertical distance measured from the average ground level immediately below a sign to the highest point of the sign and its supporting structure (maximum height) or to the bottom most part of the sign (minimum height).
SIGN ON MOBILE STANDS — A freestanding sign that is attached to a chassis that allows it to be towed from one location to another and that has no permanent foundation. (See §§ 27-2214, Subsection 3, 27-2216, Subsection 2, and 27-2217, Subsection 3).
SIGNABLE AREA — A continuous area on the face of a building.
TEMPORARY SIGN — A sign constructed of paper, cloth, canvas, wood, metal or any lightweight material intended to be displayed for a short period of time at one location not to exceed 90 days.
TIME AND TEMPERATURE SIGNS — A sign or portion of a sign whose sole purpose is to indicate the time and/or temperature.
VEHICULAR SIGN — A sign affixed or painted on a vehicle, trailer or similar device.
WALL SIGN — A sign posted on, painted on, suspended from, or otherwise affixed to a wall or vertical surface of a building which does not project more than 12 inches from the wall or vertical surface to which it is attached.
WINDOW SIGN — A temporary sign attached or affixed to the interior of a window or door, or a sign which is readily visible and can be read from the exterior through a window or door from an exterior lot line.
SIGN DISPLAY AREA
The two-dimensional area included on one side of a sign, which includes the frame or edge of the sign, if any. For measurement purposes, the sign display area shall be deemed the smallest two-dimensional square, rectangle, triangle, circle or combination thereof which will encompass the entire side of the sign.
SINKHOLE
A localized sinking of land surface to a variable depth generally characterized by a roughly circular outline and a downward movement of soil into bedrock voids.
SOLAR ENERGY
Radiant energy (direct, diffuse and reflected) received from the sun.
SOLAR ENERGY FACILITY
A solar energy system that its primary use and exists solely to generate energy for sale back into the energy grid system, rather than being consumed on site.
SOLAR PANEL
A structure, the purpose of which is to convert solar energy into usable solar energy for space heating or cooling, for water heating or for electricity, by way of a solar energy system.
SOLAR SYSTEM
Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity and is not the primary use of the property.
SOLID WASTE
Any waste including, but not limited to, municipal, residual or hazardous waste, including solid liquid, semisolid or contained gaseous materials. The term "solid waste" does not include coal ash or drill cuttings.
SOLID WASTE DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking or placing of solid wastes into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged into the waters of the municipality.
SOLID WASTE DISPOSAL AREA OR FACILITY
A lot, parcel or tract of land including, but not limited to, a sanitary landfill where garbage, trash or junk is disposed of or is processed or recycled for disposal or processing of hazardous or radioactive materials.
SOLID WASTE STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste or permit leachate. Any containment of any waste in excess of six months shall constitute disposal.
SOLID WASTE TRANSFER AREA
A place where solid waste is brought, sorted, stored for less than four days and transferred from one vehicle to another vehicle or to a rail car for the purpose of transport to a solid waste disposal area or facility.
SOLID WASTE TREATMENT
Any method, technique or process, including neutralization, designed to change the physical, chemical, biological, character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, suitable for recovery, suitable for storage, or reduced in volume. The term "solid waste treatment" includes any activity or processing designed to change the physical form or chemical composition of waste so as to render it neutral or nonhazardous.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Part 24 and requiring prior approval and determination by the Zoning Hearing Board at a public hearing that the use complies with the standards as set forth in this chapter. A special exception approval may be granted subject to conditions imposed by the Zoning Hearing Board.
STORAGE YARDS AND BUILDINGS
A building or yard used for the storing of goods or materials.
STORMWATER RUNOFF
Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
STREET
A strip of land intended for use as a means of vehicular or pedestrian traffic, whether public or private.
STREET RIGHT-OF-WAY LINE
The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line provided that: (A) the street right-of-way line shall be not less than 16 1/2 feet from the centerline of any existing road or street; and (B) where a future right-of-way width for a road or street has been officially established, then the street right-of-way shall be the side line of the future right-of-way so established.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease or any 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.
SWIMMING POOL, PRIVATE
Any artificially constructed body of water and any lake or pond maintained by an individual for bathing by the members of the household and guests, located on a lot as an accessory use to the residence. A wading pool, with a depth of less than 18 inches, shall not be deemed as a swimming pool. A portable pool, located above ground level, with an area of less than 125 square feet and constructed to contain a water depth of less than two feet, temporary in character and constructed of a material other than concrete or masonry, capable of being moved from one place to another, shall not be deemed a swimming pool.
SWIMMING POOL, PUBLIC OR SEMIPUBLIC
Any body of water maintained for the use of an association of members and guests or the general public either for a fee or without cost. A wading pool with a depth of less than 18 inches shall not be deemed as a swimming pool. A portable pool located above ground level, with an area of less than 125 square feet and constructed to contain a water depth of less than two feet, temporary in character and constructed of a material other than concrete or masonry, capable of being moved from one place to another, shall not be deemed a swimming pool.
TENT SALE
A temporary or permanent sales area, either under cover of a tent or open aired, that is customarily located within an existing parking lot, a vacant lot or on the roadside that may sell item such as, but not limited to, fireworks, flowers, plants, furniture, housewares, tools, etc. Farmstands or produce stands or special sales by benevolent organizations such as churches, boy scouts, girl scouts, Kiwanis, Lion's Club, Rotary Club, fire companies, EMS companies, police organizations, etc., shall not constitute a tent sale.
TOWER (PER WIRELESS TELECOMMUNICATIONS)
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. Such devices shall not be deemed a public utility or public use.
TOWNSHIP
Lower Macungie Township, Lehigh County, Commonwealth of Pennsylvania.
TRANSPORTATION TERMINAL
A terminal where private and public transportation services via bus, van, car, train, etc., are available to riders for local, regional or interregional passenger service. Accessory uses for interior waiting areas, sale of food and drink or minor personal services are customary and incidental at a terminal or station.
TURBINE HEIGHT
The distance measured from the surface of the tower or building foundation to the highest point of the turbine rotor plane.
ULTRA-LIGHT MANUFACTURING
Manufacturing process to create or fabricate products that do not utilize any heavy machinery, assembly lines, loud equipment, toxic materials/components or dangerous conditions in their creation on a site. The use has zero impact to surrounding properties and does not cause nuisance in sound, light, vapors or waste outside the structure where it is housed. The use shall not include the production or processing of any food or beverage.
USE
Includes the phrases "arranged," "designed" and "intended to be used" and shall mean a specific purpose for which land, buildings or structures are designed, arranged, intended, occupied or maintained, or any activity, occupation, business or operation which may be conducted at a given location.
UTILITY
Equipment of facilities regulated by the Pennsylvania Public Utility Commission and utilized for producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity or steam for the production of light, heat or power to or for the public for compensation; diverting, developing, pumping, ponding, and distributing or furnishing water to or for the public for compensation; transporting passengers or property as a common carrier; equipment of facilities for use as a canal, turnpike, tunnel, bridge, wharf and the like for the public for compensation; transporting or conveying natural or artificial gas, crude oil, gasoline or petroleum products, materials for refrigeration of oxygen or nitrogen or other fluid substance by pipeline or conduit for the public for compensation; conveying or transmitting messages or communications by telephone or telegraph or domestic public land mobile radio service including, but not limited to, point-to-point microwave radio service for the public for compensation; and sewage collection treatment or disposal for the public for compensation. Utilities shall not include alternative tower structures, antennas, backhaul networks or towers.
VARIANCE
The relief granted pursuant to the provisions of § 27-2604, Subsection 5.D.
VERNAL POOL
A wetland or water that is confined to a basin depression without a permanent flowing outlet, supporting species adapted to reproduce in ephemeral aquatic conditions, maintaining ponded water for at least a portion of the year and that is free of fish and dries up for a definitive period of the year. Species that inhabit vernal pools include amphibians such as frogs and salamanders. Areas known as "ghost lakes" shall be classified as vernal pools for purposes of this chapter, unless delineated otherwise by the United States Army Corps of Engineers (USACOE).
VETERINARY OFFICE or ANIMAL HOSPITAL
Any building used for the treatment, housing or limited boarding of animals such as dogs, cats, goats, rabbits and birds or fowl by a veterinarian.
WALL
A man-made structure which permanently or temporarily prohibits or inhibits travel between properties or portions of properties or between the street or public right-of-way and a property.
WAREHOUSE, WHOLESALE, STORAGE OR DISTRIBUTION USE
A commercial enterprise located in a building or group of buildings primarily used for the storage, transfer and/or distribution of goods, products and/or materials. Retail sales of those goods, products and/or materials within such building or group of buildings are specifically excluded.
1. 
A public or private utility system designed to transmit potable water from a common source to customers in compliance with Pennsylvania Department of Environmental Protection regulations or the Township regulations, whichever is more stringent.
2. 
An on-lot water supply system generally providing for an adequate supply of potable water to one building or a group of buildings on a single lot and in compliance with the Pennsylvania Department of Environmental Protection regulations or the Township regulations, whichever is more stringent.
WBCA
Pennsylvania Wireless Broadband Co-location Act (53 P.S. § 11702.1 et seq.).
WETLANDS
Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted to life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
WIND ENERGY FACILITY
An electricity generating facility, whose main purpose is to generate electricity for sale back to the energy grid system, consisting of wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND TURBINE
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
WINERY
An accessory agricultural operation to a vineyard where wine is produced for consumption on or off site. A winery may include a tasting area and event space as customary and incidental if all regulations and requirements of this chapter are met.
WOODLAND
Areas composed of a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter, measured at 4 1/2 feet from the ground.
YARD
A required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the average elevation of the final grade upward; provided, however, that fences and walls may be permitted in any yard subject to height limitations as hereinafter specified in this chapter.
YARD, FRONT
The yard area between the building line or front main wall of a building and the front street right-of-way, measured perpendicular to the property line.
YARD, REAR
The yard area between the rear building or, if no building has been constructed, the building restriction line and the closer of any property line, measured perpendicular to the property line.
YARD, SIDE
A required or existing yard between the building restriction line and the side lot line and extending the entire length of, and parallel to, the side lot line.
ZONING MAP
The Official Zoning Map of Lower Macungie Township.
ZONING OFFICER
The administrative officer charged with the duty of enforcing the provisions of this chapter, and any amendments hereto.
ZONING ORDINANCE
Shall refer to the Lower Macungie Township Zoning Ordinance, including the Official Zoning Map, Official Street Classification Map, all overlays to the Zoning Map and all amendments thereto.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[4]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
[5]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[6]
Editor's Note: See 42 U.S.C. § 2011 et seq.
[7]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.