The following words and phrases shall have the particular meaning
assigned by this section in the appropriate sections of this chapter.
ACCESS DRIVE
An improved cartway designed and constructed to provide for
vehicular movement between a public or private road and the off-street
parking and/or loading area for any use other than one single-family
dwelling unit or farm.
ACCESSORY BUILDING
A detached, subordinate building, the use of which is customarily
incidental to that of the principal use and which is located on the
same lot as the principal use.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot as the principal use or
building.
ACT
The Pennsylvania Municipalities Planning Code.
ADULT ENTERTAINMENT USE
Any structure, building, or use which is open to the general
public in which 20% or more of the occupied sales or display area
offers for sale, for rent, lease, loan or for view upon the premises
pictures, photographs, drawings, prints, images, sculpture, still
film, motion-picture film, videotape, or similar visual representations
distinguished or characterized by an emphasis on sexual content or
sexually explicit nudity depicting exposed male or female genitalia,
or books, pamphlets, magazines, printed matter or sound recordings,
containing explicit or detailed descriptions or narrative accounts
distinguished or characterized by an emphasis on sexual content, or
which offers for sale sexual devices. This definition shall also include
a building, structure, or a portion thereof, or a use open to the
general public, used for presenting motion-picture film, videotape,
live performances, or similar visual representation or materials distinguished
or characterized by an emphasis on sexual conduct or sexually explicit
nudity depicting exposed male or female genitalia.
AGRICULTURE
The tilling of the soil, the raising of crops, horticulture,
and the keeping or raising of livestock. This definition also includes
noncommercial greenhouses and mushroom houses, the processing and
retail sale of goods produced on a farm, uses devoted to research
into agricultural technology that would change the conduct of normal
farming operations and custom work. For the purposes of this definition,
"custom work" shall mean the hiring of another person or agency who
does not reside on the subject property to perform one or more activities
necessary to the function of the principal farm use as a whole. This
definition of agriculture does not include concentrated animal feeding
operations, concentrated animal operations, commercial produce operations
and gardening, each as defined below. Agriculture shall be a principal
use and shall be understood to include one dwelling unit as well as
all structures necessary for the housing of animals, storage of feed
and equipment, and other operations customarily incidental to agricultural
use. Below are definitions relevant to agriculture:
B.
COMMERCIAL GREENHOUSEA retail business devoted to the raising and/or selling of trees, ornamental shrubs, flowers, and houseplants for transplanting, along with the sale of ancillary supplies wherein the preponderance of the growing operation is indoors.
C.
COMMERCIAL PRODUCE OPERATIONAn agricultural use whereby plant materials are principally grown within enclosed buildings, and where such use exceeds a lot coverage of 10%.
D.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)An agricultural use which includes an animal feeding operation that is, due to the quantities of commercial keeping and handling of livestock with certain characteristics, required to obtain NPDES permits in accordance with the Clean Water Act as set forth at 33 U.S.C. § 1251 et seq., as may be amended from time to time.
E.
CONCENTRATED ANIMAL OPERATION (CAO)An agricultural use which includes an animal feeding operation that is, due to the quantities of commercial keeping and handling of livestock with certain characteristics, required to develop a nutrient management plan in accordance with the Pennsylvania Nutrient Management Act as set forth at 3 Pa.C.S.A. § 501 et seq., as may be amended from time to time.
F.
FARMA parcel of land that is used for one or more agricultural operations, including but not necessarily limited to the raising of agricultural products, livestock, poultry, or the production of dairy products. A "farm" shall be understood to include a dwelling unit as well as all structures necessary for the housing of animals, storage of feed and equipment, and other operations customarily incidental to farm use.
G.
FARM OCCUPATIONA business or commercial activity that is conducted as an accessory use to a principal agricultural or horticultural use.
H.
LIVESTOCKAn animal typically bred and raised associated with some form of agriculture. This term shall expressly include alpacas, birds, bees, burrows, cattle, cows, donkeys, fish, fowl, goats, hogs, horses, mules, sheep, goats, llamas, peacocks, potbelly pigs, poultry, rabbits, shellfish, swine, and other similar animals for commercial distribution.
I.
PRIME AGRICULTURAL LANDLand used for agricultural purposes that contains soil of the first or second class as defined by the latest edition of the United States Department of Agriculture Natural Resource and Conservation Services Web Soil Survey.
AIRCRAFT
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into flight through the air.
AIRPORT
Any area of land or water which is used, or intended to be
used, for the landing and takeoff of aircraft and any appurtenant
areas which are used, or intended to be used, for airport buildings
or navigation facilities or rights of way, together with all airport
buildings and facilities thereon.
A.
PRIVATE AIRPORTAn airport that is privately owned and which is not open or intended to be open to the public, as defined in 74 Pa.C.S.A. § 5102.
B.
PUBLIC AIRPORTAn airport that is either publicly or privately owned and that is open to the public as defined in 74 Pa.C.S.A. § 5102.
ALLEY
A minor right-of-way, privately or publicly owned, primarily
for service access to the rear or sides of properties.
ALTERATIONS
Any exterior structural addition to a building; any renovation
to a building which would change its use; any change or rearrangement
in the structural parts of a building such as bearing walls, columns,
beams or girders, joists or rafters, or enclosing walls; the moving
of a building from one location or position to another.
ALTERNATIVE ENERGY SYSTEM
Any device installed as an accessory use that supplies energy
principally for the principal use of the property that is derived
from natural sources (e.g., solar panels, wind turbines, hydro turbines,
geothermal exchangers and similar and emerging technologies.) This
definition shall expressly exclude outdoor furnaces, as defined herein.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors,
and assigns.
APPLICATION FOR DEVELOPMENT
Every application required to be filed and approved prior
to start of construction or development, including but not limited
to, an application for a zoning permit, for the approval of a subdivision
plat or plan or for the approval of a development plan.
AREA
The two-dimensional measurement of space between known lines
or boundaries.
A.
BUILDING AREAThe total area of all buildings (principal and accessory) taken on a horizontal plane at the main grade level.
B.
GROSS FLOOR AREAThe sum of the floor areas of a building as measured to the outside surfaces of exterior walls and/or all areas intended for the conduct of a use.
C.
GROSS LOT AREAThe total surface area contained within the property lines of a lot, exclusive of exterior public rights-of-way.
D.
HABITABLE FLOOR AREAThe sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room, closets, hallways, stairways, and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches.
E.
NET LOT AREAThe total surface area contained within the property lines of a lot, exclusive of public rights-of-way, public and private streets and the following features:
(3)
Access easements serving another principal use;
(4)
Sanitary sewer and water easements serving another principal
use;
(5)
Gas pipeline easements and/or rights-of-way;
(6)
Land within easements and/or rights-of-way for overhead electric
transmission lines 66 KV and greater;
(7)
Stormwater management facilities, pipes and/or swales intended
to serve another principal use;
(8)
Riparian buffers as regulated in §
205-136 of this chapter;
(9)
Permanent and open bodies of water;
(10)
The floodplain zone as delineated under the terms of §
205-135 of this chapter;
(11)
Wetlands as regulated as delineated under the terms of §
205-137 of this chapter; and/or
(12)
Slopes of 25% or greater.
F.
MINIMUM LOT AREAThe least amount of lot area required to be associated with a principal use as specified within this chapter.
G.
RETAIL SALES AREAThe total area of use which is devoted to the display of goods and/or services, including aisles, to prospective patrons.
H.
SITE AREAThe lot area or portion thereof devoted to a particular use as regulated by this chapter.
AREA OF DISTURBANCE
The total land area proposed to be used for and/or within
any, and all, of the following:
A.
Except as modified by Subsection
C below, any area within the lot proposed for development that is within 15 feet of any or all of the following existing or proposed features:
(1)
A principal building or structure [except as provided in Subsection
A(3) below];
(2)
Accessory structures existing or proposed at the time of development
of the principal building or structure; and
(3)
An accessory structure of more than 400 square feet of lot coverage.
B.
Any areas within the lot proposed for development that are within
10 feet of any existing or proposed gravel or paved areas, including
gravel or paved driveways;
C.
Any areas within the lot proposed for development that are within
40 feet of the rear of the principal building; and
D.
Any areas proposed to be graded, cleared or otherwise altered
that are 1,000 square feet or greater in size.
ATTIC
That part of a building which is immediately below and completely
or partly within the roof framing. Within a dwelling unit, an attic
shall not be counted as floor area unless it is constructed as or
modified into a habitable room by the inclusion of dormer windows,
an average ceiling height of five feet or more, and a permanent stationary
interior access stairway to a lower building story.
AUCTION HOUSE
A principal commercial use at which items are imported for
public or private sale during a competitive bidding process. This
use shall also expressly include a cafeteria or refreshment counter
provided such use is contained completely within an enclosed building
and patrons are limited to those participating in the auction. This
term shall not include automobile auctions as defined below.
AUDITORIUM
A building containing a stage and/or screen and seating for
meetings, performances, or screening of movies.
AUTOMOBILE AUCTION
A use whereby passenger vehicles are offered for wholesale
and/or retail sales at prearranged sales during a competitive bidding
process.
AVOIDANCE MEASURES
Specific actions that have been identified by one of the
Pennsylvania Natural Diversity Inventory (PNDI) jurisdictional agencies
that must be fulfilled by an applicant in order to inflict no impact
upon a special concern species or resource in the vicinity of the
project area.
BASEMENT
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground and with
a floor-to-ceiling height of greater than 6 1/2 feet.
BED-AND-BREAKFAST
A single-family detached dwelling, where between one and
five sleeping accommodations are rented to overnight guests on a daily
basis for periods not exceeding two weeks. Breakfast may be offered
only to registered overnight guests.
BEEKEEPING
The raising or keeping of bees within a man-made enclosure
(beehive) for hobby or business purposes.
BOARDER
An individual other than a member of a family occupying a
room within a dwelling unit or a lodging facility who, for compensation,
is furnished sleeping accommodations within such dwelling unit or
lodging facility, and who also may be furnished meals or other domestic
services in return for compensation.
BOARDINGHOUSE
A building or portion thereof arranged or used for sheltering
or feeding, or both, as a gainful business, for one or more boarders.
This term includes single-room occupancy residences (SROs), tourist
homes, and rooming houses. It expressly excludes bed-and-breakfast
arrangements and short-term rentals (including arrangements known
as "AirBNB").
BUFFER
Except as referenced in §§
205-136 and
205-137 of this chapter, a continuous strip of land that is clear of all buildings and paved areas and is landscaped in accordance with §
205-40 of this chapter.
BUILDING
Any structure with a roof intended for shelter or enclosure
of persons, animals or property.
C.
ATTACHEDA building which has two or more common walls.
BUILDING ENVELOPE
The area of a lot that is available for development and free
of restrictions as specified in this chapter, which may include building
set back requirements, rights-of-way, easements, floodplains, wetlands,
steep slopes, and all similar restrictions.
BUILDING HEIGHT
A building's vertical measurement from the mean level of the ground abutting the corners of the building to the highest point of the building, including except as noted in §
205-28, any signs, antennas or other appurtenances.
BUILDING PERMIT
Permits issued under the Uniform Code Construction Code.
Permits issued under this chapter are "zoning permits."
BUILDING SETBACK LINE
The actual distance between the closest part of a building including roof overhangs, (excluding those permitted projections listed in §
205-26 of this chapter) and:
A.
In the case of a front yard, all adjoining street right-of-way
lines;
B.
In the case of a side yard, all side lot lines; and
C.
In the case of a rear yard, all rear lot lines.
CAMPGROUND
A lot, tract, or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupation
by guests, travelers and/or transients in recreational vehicles or
tents.
CAMPSITE
A plot of ground within a campground intended for occupation
by a recreational vehicle, tent or travel trailer.
CAR WASH
A commercial use used to clean the exterior, and sometimes
the interior, of automobiles. There are several types of car washes,
ranging from self-service coin-operated automatic car washes to fee-based
full-service operations.
CARPORT
A roofed structure open on two or more sides for the storage
of motor vehicles.
CARTWAY
The paved surface of a street or access drive intended and
available for use by vehicular traffic.
CASINOS
A gaming facility other than a racetrack and/or an off-track
betting parlor wherein wagering and other lawful gambling activity,
is conducted under Pennsylvania law. This use shall include any facility
in which gambling devices, including but not limited to slot machines,
video poker machines, punch boards, and similar devices are located.
The term "lawful gambling activity" shall not include the sale of
lottery tickets in compliance with state lottery law.
CATERERS, BAKERS AND CONFECTIONERS
A retail commercial use devoted to the preparation, packaging
and/or delivery of prepared foods for consumption at another location.
This use shall also expressly include the retail sales of those goods
produced on the site; however, no seating for on-site consumption
shall be permitted.
CELLAR
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling
unit, a cellar shall not be counted as floor area.
CEMETERY
Land used or intended to be used for the burial of the deceased,
including columbariums, crematoriums, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within the boundaries
thereof. This definition shall also include facilities for the burial
of domestic pets.
CERTIFICATE OF ZONING COMPLIANCE
A statement signed by the Zoning Officer setting forth that
a building, structure, sign, and/or use of land complies with this
chapter and a previously issued zoning permit.
CHILD DAY-CARE FACILITY
A facility in which a wide range of formal care is provided
by qualified staff for remuneration to children under the age of 16
years, if such children are not related to the provider by blood,
marriage or adoption or are not placed in the home as foster children
pursuant to direction by an authorized licensed foster child agency
or who are not placed in the home by court order. This definition
does not include the offering of overnight accommodations. Any child
day-care use shall meet all applicable requirements of the State Department
of Public Welfare. The following types of child day-care uses are
regulated by the Pennsylvania Department of Public Welfare:
A.
CHILD-CARE CENTERA child-care facility in which seven or more children who are not related to the operator receive childcare. A child-care center must have a certificate of compliance (license) from the Pennsylvania Department of Public Welfare in order to legally operate (55 Pa. Code Chapter 3270).
B.
GROUP CHILD-CARE HOMEA child-care facility in which seven though 12 children of various ages or in which seven though 15 children from fourth grade through 15 years of age who are not related to the operator receive child care. A group child-care home must have a certificate of compliance (license) from the Pennsylvania Department of Public Welfare in order to legally operate (55 Pa. Code Chapter 3280).
C.
FAMILY CHILD-CARE HOMEA child-care facility located in a home in which four, five or six children who are not related to the caregiver receive child care. A family child-care home must have a certificate of registration from Pennsylvania Department of Public Welfare in order to legally operate (55 Pa.Code Chapter 3290). This definition shall include any child-care services provided in a home for less than four children who are not related to the caregiver despite not being regulated by the Pennsylvania Department of Public Welfare.
CHURCH AND RELATED USES
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include synagogues, mosques, temples, rectories,
convents, cemeteries and church-related recreation, educational and/or
day-care facilities and orphanages.
CLAY LINER
Fine grained soil that is used in the construction of a liner
that limits the rate of surface water intrusion into the subsurface.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection defined
by a line of sight between points at center lines.
CLUB, PRIVATE
An organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided there are not
conducted any vending stands, merchandising or commercial activities
except as required for the membership of such club. Clubs shall include
but not be limited to, service and political organizations, labor
unions, as well as social and athletic clubs.
CODE
Code of the Township of Dickinson.
COMMERCIAL RECREATION FACILITY
An activity operated as a business, open to the public, for
the purpose of public recreation or entertainment, including but not
limited to, bowling alleys, cinemas, drive-in motion-picture facilities,
swimming pools, health clubs, miniature golf courses, museums, and
etc. This does not include adult entertainment uses, outdoor shooting
ranges, automobile and/or animal racing with or without related wagering
facilities, campgrounds, convention or conference center, gaming operations,
golf courses and driving ranges, off-track betting, slot machine parlors
and/or casinos.
COMMERCIAL VEHICLE
A motor vehicle that is associated with a business and/or
exceeds the limitations of a passenger vehicle, as defined herein.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
COMMON PARKING AREA
A parking facility serving multiple uses or properties that
is not owned by one user or property, although it may be owned jointly
by all or some of the users.
COMMON WALL
A wall used or adopted for joint service between two buildings
or parts thereof.
COMMUNICATIONS ANTENNA
Any device or equipment used for the transmission or reception
of wireless communications signals for ultimate reception by a modem,
computer, similar internet use or purpose, radio, television, wireless
telephone (mobile or cell phone), pager, commercial mobile radio service,
or any similar device. This term includes without limitation wireless
telecommunication devices, small cells, communication antenna employing
stealth technology, distributed antenna systems, omnidirectional (or
whip) antennas and directional (or panel) antennas owned or operated
by any person or entity licensed by the Federal Communications Commission
(FCC) to operate such device. This definition shall not include residential
satellite dishes, residential television antennas, or antennae for
amateur radio equipment.
C.
COMMUNICATIONS TOWERA freestanding structure designed and used solely to support communications antennas, regardless of the height, size, or any other dimension of such tower. Such definition shall expressly include without limitation small cells, nodes and any other freestanding communications structure employing stealth technology.
D.
DISTRIBUTED ANTENNA SYSTEMSA small network of communication antennas that are connected to a common source that provides wireless communications coverage in a building or a small geographic area.
F.
STEALTH TECHNOLOGYState-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. For purposes of communication antenna, these techniques are applied to communication antenna, communication equipment, communication equipment facilities, and communication towers, and other communication facilities which blend the proposed communication facility (as listed above) into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include without limitation architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flag poles.
COMMUNITY CENTER
A building or portion of a building used as a gathering place
or meeting area by local residents of the Township or development
within which it is located.
COMPOSTING/COMPOST
The conversion of organic matter, such as yard waste, into
fertilizer and similar materials useful for gardening and lawn care,
conducted within a portable open structure used and properly maintained
by on-site residents.
COMPREHENSIVE PLAN
The latest adopted version of the Dickinson Township Comprehensive
Plan, including any freestanding supplemental documents, as may be
amended.
CONDITIONAL USE
A use permitted in a particular zone pursuant to the provisions in Article
VI of the Act and in accordance with §
205-162 of this chapter.
CONDOMINIUM
Real estate, portions of which, in accordance with the provisions
of the Pennsylvania Uniform Condominium Act of 1980, are designated for separate ownership and the remainder
of which is designed for common ownership solely by the owners of
those portions. Real estate is not a condominium unless the undivided
interests in the common elements are vested in the unit owners.
CONSERVATION DESIGN DEVELOPMENT
A development that integrates required common open space and residential dwellings. Conservation design developments are further regulated by §
205-67 of this chapter.
CONSERVATION EASEMENT
An agreement between the landowner and the Township (and
possibly other designated persons or parties) that is applied to property
to perpetually protect it from future development. This definition
is not meant to relate to a conservation easement as defined under
the Pennsylvania Conservation Easement Act.
CONSERVATION MEASURE
A specific action that has been identified by one of the
Pennsylvania Natural Diversity Inventory (PNDI) jurisdictional agencies
that can minimize impact upon a special concern species or resource
in the vicinity of the project area.
CONSERVATION PLAN
A plan including a map(s) and narrative that, at a minimum,
outlines an erosion and sedimentation control plan for an identified
parcel of land.
CONSTRUCTION
The placement of materials and equipment in a defined area
to be assembled, built, applied, and/or demolished in a temporary
or permanent manner, as approved by the designated officials of the
Township.
CONVENIENCE STORE
A business which specializes in the retail sales and/or rental of household products and foods, which may or may not be operated in conjunction with a gas station use. Although this use is permitted by right within the BI Zone, additional activities are permitted pursuant to §
205-68 of this chapter.
CONVENTION/CONFERENCE CENTER
An assemblage of uses that provide a setting for indoor and
outdoor exhibits and activities to serve various business activities,
meetings, training sessions, entertainment, and recreation on a temporary
basis. This use may include hotels and eating and drinking establishments
as accessory uses.
CONVERSION
To change or adapt improved property to a use, occupancy,
or purpose other than what was intended at its time of construction.
COUNTY
The County of Cumberland, Commonwealth of Pennsylvania.
CURATIVE AMENDMENT
A proposed zoning amendment:
A.
Requested of the Board of Supervisors by any landowner or applicant
who desires to challenge the substantive validity of an ordinance
that prohibits or restricts the use or the development of land in
which the landowner or applicant has an interest; or
B.
Initiated by the Board of Supervisors to cure some known substantial
defect.
DENSITY
A term used to express the allowable number of dwelling units
per acre of land exclusive of unimproved public rights-of-way, and
rights-of-way of public and private streets.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land, a land development or a use requiring zoning approval.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DOMESTIC PETS
The noncommercial keeping of adult non-farm-animals that
are locally available for purchase as pets, as an accessory use to
a primary residential use. Domestic pets shall not include any species
identified as exotic animals and livestock, both as defined herein,
nor any animal species that, in the opinion of the Zoning Officer,
poses a threat to the health, safety and/or welfare of the community.
DRIVE-THROUGH FACILITY
Any portion of a building or structure from which business
may be transacted with a customer in a motor vehicle.
DRIVEWAY
Improved cartway designed and constructed solely to accommodate
vehicular movement between a public and/or private road and a tract
of land serving one single-family dwelling unit or a farm.
DROP LOT or DROP AND HOOK LOT
A tract of land, or portion thereof, used by trucks and other
large motor freight vehicles for the purpose of dropping or picking
up loaded and/or unloaded trailers, including the incidental short-term
or daily storage of loaded and/or unloaded trailers, for transfer
to other points or jurisdictions. The use may include an accessory
guardhouse or similar type structure to allow for trailers to be checked
in and out. The use does not include the breakdown or aggregation
into smaller or larger loads, truck repair and service facilities,
fueling, dispensing or storage of petroleum products.
DRY CLEANERS
A use at which articles of clothing, uniforms, linens, sheets,
blankets, table cloths, draperies, towels, diapers and other fabric
items are delivered to be cleaned with the use of chemical agents
that are generally not water soluble.
DWELLING
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including
hospitals and nursing homes; hotels and motels, boarding, rooming
and lodging houses, institutional houses, tourists courts, and the
like, which offer overnight accommodations for guests or patients.
All dwellings are permanently affixed to a completely enclosed foundation
constructed of currently accepted materials that are an entire perimeter
wall and extend from below the frost line to the first floor of the
building. Such foundation is constructed to provide sufficient structural
integrity to prevent the building from heaving, shifting, or settling
unevenly, due to frost action. In addition, all dwellings are properly
connected to approved and permanently designed sewer, water, electrical,
and other utility systems.
A.
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family. Mobile and modular homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile and/or modular home is securely anchored to the permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Mobile and modular homes shall be considered single-family detached dwellings so long as they are designed and constructed in accordance with the Uniform Construction Code (Figure 1).
B.
DUPLEXA freestanding building containing two dwelling units for two families, arranged in a side-by-side configuration (Figure 2).
C.
TWO-FAMILYA freestanding building containing two dwelling units, arranged in an over-and-under configuration (Figure 3).
D.
MULTIPLE-FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units (Figure 4).
E.
TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common walls (Figure 5).
DWELLING UNIT
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary
facilities.
DYNAMIC MESSAGE DISPLAY
A sign incorporating LCD, LED, plasma, CRT, pixelized lights,
other video-like displays or other means of changing messages.
EARTHMOVING ACTIVITY
Any construction or other activity which disturbs the surface
of the land including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth. For the
purposes of this chapter, this definition shall not include the tilling
of the soils and cultivation associated with the growing of crops.
EASEMENT
An interest in land owned by another person, consisting in
the right to use or control the use of land, or areas above or below
it, for a specific limited purpose. The grant of an easement reserves
to the owner of the land all other incidents of ownership.
ELEVATION
The level of the ground adjacent to a structure, storage
area, sign or other improvement.
EMISSIONS RELEASE POINT
That location where an exhaust chimney of an outdoor furnace
permits the unrestricted flow of exhaust into the environment.
ENGINEER
A professional engineer registered as such in the Commonwealth
of Pennsylvania.
ENTERTAINMENT FACILITIES
A use conducted indoors that offers personal amusement and/or
enjoyment through mental engagement. This does not include adult entertainment
uses, amusement arcades, amusement/theme/zoo parks, automobile and/or
animal racing with or without related wagering facilities, off-track
betting, slot machine parlors and/or casinos.
EXOTIC ANIMALS
All bears, coyotes, lions, tigers, leopards, jaguars, cheetahs,
cougars, wolves and any crossbreed of these animals which have similar
characteristics in appearance or features. The definition is applicable
whether or not the animals were bred or reared in captivity or imported
from another state or nation.
FACADE
The face(s) of a principal structure that directly adjoins
and whose longest axis runs generally perpendicular to the adjoining
yard.
A.
FRONT FACADEThat facade that faces the front yard as defined herein. Front facades must also feature the prominent pedestrian entrance of a building. In the case of lots with multiple front yards, the location of the prominent pedestrian entrance of the building shall be determined according to the descending order of requirement:
(1)
That facade that faces an adjoining street sidewalk;
(2)
That facade that faces the adjoining street of address; and
(3)
That facade selected at the discretion of the applicant with
approval by the Township.
B.
REAR FACADEThat facade that faces the rear yard as defined herein.
C.
SIDE FACADEThat facade(s) that faces the side yard(s), as defined herein.
FAMILY
Any one of the following:
A.
A single individual occupying a dwelling unit.
B.
Two or more persons related by blood, marriage, or adoption
occupying a dwelling unit.
C.
Not more than three unrelated persons occupying a dwelling unit.
D.
Not more than eight related or unrelated persons who are the
functional equivalent of a family in that they live together, participate
in such activities as meal planning, shopping, meal preparation, and
the cleaning of their dwelling unit together and who are part of a
community-based residential home that qualifies as a community living
arrangement licensed by the Pennsylvania Department of Public Welfare
or other appropriate federal or state agency having jurisdiction,
where the persons occupying the home are handicapped persons under
the terms of the Fair Housing Amendments Act of 1988, and where the operator of the home provides room and board,
personal care, rehabilitative services, and supervision in a family
environment. The presence of staff persons in a home meeting this
definition shall not disqualify the group of persons occupying the
dwelling unit as a family.
FARMERS AND/OR FLEA MARKET
A retail sales use where more than one vendor displays and
sells general merchandise that is new or used on a regularly occurring
basis. Farmers and/or flea markets can include indoor and outdoor
display of merchandise.
FCC
The Federal Communications Commission of the United States
of America.
FINANCIAL INSTITUTION
Bank, credit union, savings-and-loan association, savings
bank, investment company, or philanthropic foundation. For the purpose
of this chapter, this term shall exclude pawn shops and non-bank operations
that provide check-cashing services and advances on paychecks.
FIXTURE
A complete lighting unit consisting of one or more lamps
(light sources) together with the parts designed to control the light
distribution, and other mechanical and electrical components.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overland flow of watercourses,
or from the unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN
An area of land adjacent to the channel of a watercourse below the flood elevation which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source as regulated by Article
III, Chapter
92 of the Code of Dickinson Township.
FLOODPROOF
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to property, structures and their contents.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silviculture principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
FRONTAGE
The line of a lot coincident with an abutting right-of-way
line of a street.
FUNERAL HOME
A building or part thereof used for human and/or domestic
pet funeral services. Such building may contain space and facilities
for:
A.
A funeral chapel or similar gathering place;
B.
Embalming and the performance of other services used in preparation
of the dead for burial;
C.
Cremation of human remains;
D.
The performance of autopsies and other surgical procedures;
E.
The storage of caskets, urns, and other related supplies; and
F.
The storage of funeral vehicles.
GAMING FACILITY
Any facility or location at which any lawful gambling activity
other than or in addition to pari-mutuel wagering may be conducted
under Pennsylvania law, including any facility in which gambling devices,
including but not limited to slot machines, video poker machines,
punch boards, and similar devices are located. The term "lawful gambling
activity" shall not include the sale of lottery tickets in compliance
with state lottery law. The incidental use of less than eight amusement
devices and/or games of skill or chance (e.g., pinball machines, video
games, Skee-Ball, electronic or water firing ranges and other similar
devices) is not considered to be a gaming facility and can be offered
at suitable uses and locations (e.g., restaurants, taverns, nightclubs,
commercial recreation establishments, and similar uses).
GARAGE, PRIVATE
An accessory building for the storage of one or more personal motor vehicles and/or other vehicles all of which must be accessory and incidental to the primary use of the residential premises, except as noted in §
205-34E of this chapter.
GARAGE, YARD AND MOVING SALE
An occasional and temporary use of a residential lot, wherein
the occupants of the said lot display and offer personal possessions
for sale to the general public.
GARDENING
The growing of plants for personal use as an accessory use
upon a residential site, or the growing of plants for personal use
upon assigned plots located away from the residential site.
GAS STATION
Any area of land, including structures thereon, that is used
for the retail sale of gasoline, fuel, diesel or similar products
used to fuel any passenger or commercial motor vehicle, which may
or may not be operated in conjunction with a convenience store use.
GEOTHERMAL SYSTEM
Any device installed as an accessory use that supplies energy
principally for the principal use of the property that is derived
from the exchange of underground temperature.
GLARE
The sensation produced by lighting that causes annoyance,
discomfort, or loss in visual performance and visibility to the eye.
GOLF COURSE
Property developed for and devoted for the recreational participation
in the sport commonly known as "golf," having a minimum of 675 yards
of play in nine holes.
GOLF COURSE, MINIATURE
A commercial recreational use based upon golf that requires
only a putter and is typically, but not necessarily, lit for night
play.
GOVERNING BODY
The Board of Supervisors of Dickinson Township, Cumberland
County, Pennsylvania.
GOVERNMENTAL USE
A use that is operated by a duly recognized level of government
(local, state and federal); provided, however, that such use shall
not include solid waste and/or hazardous waste disposal and/or handling
facilities, prisons, and/or hospitals.
GRADE
A measurement of slope expressed in terms of percentage of
vertical versus horizontal distance.
GREEN ROOFTOP
An assemblage of man-made and natural materials that support
vegetation as the principal exposed surface atop a building and are
designed and maintained to offer thermal protection and hydrological
benefit over conventional roofing surfaces.
GREENHOUSE, COMMERCIAL
A retail business devoted to the raising and/or selling of
trees, ornamental shrubs, flowers, and houseplants for transplanting,
along with the sale of ancillary supplies wherein the preponderance
of the growing operation is indoors.
GREENHOUSE, NONCOMMERCIAL
A structure designed or used for the indoor growing of plants,
typically found as an accessory structure to a residence. No sales
may be conducted from the structure, nor may the plants grown in the
greenhouse be sold from the residence as a business operation.
GROUP HOME
A single-family dwelling operated by a reasonably responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical disability. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. Group homes must be licensed by appropriate government agencies, and a copy of any such licenses must be delivered to the Township prior to beginning the use. Group homes shall be considered as single-family dwellings and subject to the same requirements as single-family dwellings, plus the requirements found in §
205-74 of this chapter.
HEALTH, FITNESS, FRATERNAL, SOCIAL AND OTHER PRIVATE CLUBS
A principal use that offers service, support, entertainment,
recreation, leisure and other activities only to club members and
their guests. Such use does not include adult entertainment uses,
casinos, golf courses, off-track betting parlors or outdoor shooting
ranges, all as defined herein.
HEAVY EQUIPMENT
Vehicles and machinery that are not normally associated with
domestic use (e.g., excavation equipment, commercial trucks in excess
of 11,000 pounds gross vehicle weight, cargo and storage containers,
cargo trailers, buses, yachts, farm equipment, mechanized amusement
rides, industrial machinery, and other similar items).
HEAVY INDUSTRIAL USE
A principal use that involves:
A.
The production and processing of asphalt and asphalt products,
bricks, cement and cement blocks, tar and other synthetic paving and
masonry-like materials;
B.
The production and processing of chemicals, dyes, solvents,
fertilizers, ammonia, carbide, caustic soda, cellulose, chlorine,
carbon black, bone black, creosote, hydrogen, oxygen, pharmaceutical
and industrial alcohol, nitrates, potash, plastic and synthetic resins,
pyroxylin, rayon, and hydrochloric, nitric, picric and sulfuric acids;
C.
The production, processing and/or refining of matches, fuels
and explosives, including but not limited to, gasoline, kerosene,
ethanol, coal, coke, naphtha, natural gas, oil (natural and synthetic),
lubricating oil, charcoal and other fuel briquettes, and other similar
materials;
D.
The aboveground bulk storage of oil, gasoline or other similar
flammable liquids;
E.
The production, processing and/or distillation of gelatin, glue,
soap, starch and other plant and animal by-products not associated
with food processing;
F.
The production and processing of linoleum, oil cloth, paint,
varnish, turpentine, vinyl, rubber (natural and synthetic) and other
similar materials;
G.
The production and processing of glass and glass products;
H.
A metal foundry, reduction, refinishing, smelting, alloying
and/or refining operation;
I.
The milling or processing of flour or grain;
J.
Principal waste handling, processing, transfer and disposal
facilities;
K.
Truck or motor freight terminals and truck stops;
L.
The production and/or assembly of passenger vehicles and heavy
equipment and mobile homes; and
M.
Any operation of assembly, conversion, distribution, manufacture, production, processing, storage, warehousing and/or wholesaling of goods, materials and products not listed in §§
205-17 and
205-18 of this chapter.
HEIGHT, STRUCTURE
A structure's vertical measurement from the mean level of the ground abutting the corners of the structure to the highest point of the structure, including except as noted in §
205-28, any signs, antennas or other appurtenances.
HELIPORT
Any area of land or water which is used, or intended to be
used, for the landing and takeoff of helicopter aircraft and any appurtenant
areas which are used, or intended to be used, for heliport buildings
or navigation facilities or rights of way, together with all heliport
buildings and facilities thereon.
HIGHWALL
The face of exposed overburden and mineral in an open cut
of a surface mining operation or for entry to underground mining activities.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic zone or a zone preliminarily determined by the Secretary
to qualify as a registered historic zone;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HISTORIC STRUCTURE CONVERSION
The change or adaptation of a historic structure for use and occupancy for a use other than that generally permitted within the site's zone. Historic structure conversions are governed by §
205-88 of this chapter.
HOME IMPROVEMENT, EQUIPMENT RENTAL AND BUILDING SUPPLY STORES
A facility for the retail sale and/or rental of a combination
of products used in the construction, repair and improvement of homes,
including, but not limited to, lumber, masonry products, exterior
siding, roofing, plumbing fixtures, pipes, electrical supplies, floor
coverings, paints and wall coverings, windows and glass, landscaping
materials, hardware, tools, and other accessories. Home improvement
stores shall always involve outdoor storage of materials; any facilities
that sell the above-described products that do not have outdoor storage
can be considered to offer the general retail sale of goods.
HOME OCCUPATION
An occupation customarily conducted within a dwelling unit
that is clearly incidental and secondary to the residential use of
the dwelling. The following uses are expressly prohibited as home
occupations, without limitation, animal hospitals; commercial stables
and kennels; commercial day care facilities, funeral homes; tourist
homes; restaurants; wholesale sales; storage or mail order activities
in which goods are distributed from the dwelling or property; the
repair, servicing, storage, or rental of motor vehicles; offices of
medical practitioners; clinics; hospitals; and machine and welding
shops.
HORTICULTURE
The cultivation of fruits, vegetables, flowers, and ornamental
plants for commercial distribution.
HOSPITAL AND RELATED USES
An institution, licensed in the Commonwealth of Pennsylvania,
which renders inpatient and outpatient medical care on a 24 hours
per day basis; and provides primary health services and medical/surgical
care to persons suffering from illness, disease, injury, deformity
and other abnormal physical or mental conditions. A hospital use can
also include attached and detached accessory uses, provided that all
accessory uses are contained upon the hospital property.
HOTEL, MOTEL OR SIMILAR LODGING FACILITIES
A building or group of buildings containing rooms for rental
on a transient basis of not more than 30 continuous days nor more
than 60 days within any calendar year. This term excludes "boardinghouse,"
"bed-and-breakfast" and "campground" all as defined herein. Accommodations
provided as an accessory by institutional and educational uses for
their patrons shall not be considered a "hotel"; similarly, buildings
where human beings are housed under legal constraint are excluded
from this term. Hotels are a building or group of buildings containing
rooms for rental on a transient basis whose primary access is limited
through a lobby. Motels are a building or group of buildings containing
rooms for rental on a transient basis whose primary exterior access
occurs at each respective unit. Hotels and motels may also include
related accessory uses primarily directed towards serving its patrons
including but not limited to dining, recreation, meetings, gifts,
laundry, maid service and other personal services. Mail service shall
be limited to counter service within the facility's lobby and
no individual unit mailboxes, individual unit mail slots or exterior
gang mailboxes shall be permitted. All hotels, motels and similar
lodging facilities shall require a full-time on-site staff that operates
24 hours per day and seven days per week and shall not require guests
to sign a lease agreement.
HOUSEHOLD HAZARDOUS WASTES
Those wastes in households that are hazardous in nature,
but are not regulated as hazardous waste, under federal and state
laws. Included are such items as old paints and paint related products,
pesticides, pool chemicals, drain cleaners, and degreasers, car care
products and etc.
HUB HEIGHT
The distance measured from the surface of the tower foundation
to the highest height of the wind turbine hub, to which the blade
is attached.
IMPERMEABLE LINERS
A liner system that prohibits the infiltration or surface
water into the subsurface.
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
A surface not readily penetrated by water under normal pressure
associated with rainfall or other typical conditions associated with
the proposed use. Impervious surfaces (or areas) shall include, but
not be limited to, buildings, roofs (except for green roofs, as defined
herein), patios, garages, storage shed and similar structures, access
drives, interior drives, driveways, sidewalks, off-street parking
spaces, off-street loading spaces and paved recreation courts. Any
areas designed to be covered by loose surfacing materials such as
gravel, stone and/or crushed stone, and intended for storage of and/or
travel by motorized or nonmotorized vehicles, or travel by pedestrians
shall be considered impervious.
IMPORTANT NATURAL AND/OR CULTURAL FEATURE
Any area characterized by any of the following:
A.
Floodplains as regulated by §
205-135 of this chapter;
B.
Steep slopes regulated by §
178-51 of the SALDO;
C.
Wetlands and wetland buffers as regulated by §
205-137 of this chapter and §
178-48 of the SALDO;
D.
Riparian buffer as regulated by §
205-136 of this chapter and §
178-49 of the SALDO;
E.
Sensitive carbonate geologic features as listed in §
178-55 of the SALDO;
F.
Pennsylvania Natural Diversity Inventory (PNDI) sites as regulated in §
178-56 of the SALDO;
G.
Areas within the Scenic River;
I.
Known and/or suspected areas of archaeological significance
as identified by the Pennsylvania Historical and Museum Commission;
J.
Historic sites as defined herein;
K.
Stands of mature trees that exceed 5,000 square feet of contiguous
land area; and
L.
Class I, II, or III agricultural soils as identified in the
latest version of the soil survey and/or area that is otherwise agriculturally
productive.
IMPROVEMENT
Any structure or paving placed upon land, including the provision
of underground or aboveground utilities, as well as any physical change
to the surface of the land, including but not necessarily limited
to grading, paving, the placement of stormwater management facilities,
sidewalks, street signs, traffic control devices, and monuments. This
definition shall expressly exclude the tilling of soil.
INTERIOR DRIVE
Any on-site vehicular movement lane(s) that are associated
with a use other than a single-family dwelling and/or farm.
INVASIVE PLANT SPECIES OF PENNSYLVANIA
Those plants and vegetation identified by the PA DCNR as
invasive plant species, with such list being published at (as amended
and updated) http://www.dcnr.pa.gov/Conservation/WildPlants/InvasivePlants/Pages/default.aspx
JOINT PARKING LOT
A parking lot that is designed, constructed and operated
on a shared basis by two or more adjoining uses with one or more shared
access drives.
JUNK
Used materials, discarded materials, or both, including,
but not limited to, waste paper, rags, metal, building materials,
house furnishings and appliances, machinery, vehicles or parts thereof,
all of which are being stored awaiting potential reuse or ultimate
disposal.
JUNKYARD
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including but not limited to, waste paper, rags, metal,
building materials, house furnishings, appliances, machinery, vehicles,
or parts thereof, with or without the dismantling, processing, salvage,
sale, or other use or disposition of the same. The term "salvage yard"
includes "junkyard," but does not include scrap metal processing operations
and automobile shredding establishments. The deposit or storage on
a lot of one or more unlicensed, wrecked, or disabled vehicles, or
the major part thereof, shall be deemed to constitute a salvage yard.
For the purposes of this definition, a "disabled vehicle" is a vehicle
intended to be self-propelled that shall not be operable under its
own power for any reason, or a vehicle that does not have a valid
current registration plate or that has a certificate of inspection
which has expired.
KENNEL
Any lot on which three or more non-farm-animals are kept,
boarded, raised, bred, treated, or trained for commercial purposes
or a fee, including but not limited to dog or cat kennels. This definition
shall also expressly include animal rescue and similar emergency treatment
facilities whether or not they are operated on a commercial basis.
LABORATORY
A use devoted to the conduct of experiments, research and
observation associated with scientific study.
LAMP
A generic term for a man-made source of light.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
C.
In accordance with Section 503(1.1) of the Act, the following activities are excluded from the definition
of land development:
(1)
The conversion of an existing single-family detached dwelling,
two-family dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; provided,
however, that the addition of a nonresidential or nonfarm accessory
building or buildings does not:
(a)
Exceed a total square footage of 2,000 square feet or 10% of
the principal nonresidential or nonfarm building's square footage
(as existed as of any addition of an accessory building or buildings
made following the effective date of this chapter).
(b)
Create negative stormwater impacts on existing stormwater facilities
or on neighboring properties.
(c)
Require the construction of additional access drive(s).
(d)
Relieve the need for DEP Sewer Planning Module or exemption.
(3)
The addition or conversion of buildings, structures or rides
within an amusement, theme and/or zoo park.
LANDOWNER
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person who has a proprietary interest in land.
LANDSCAPE SCREEN
A planting of noninvasive species arranged to form both a
low-level and a high-level barrier between grade and a predetermined
height established by the applicable regulation. This definition can
also include the use of an earthen berm provided such berm is covered
with noninvasive vegetative materials that stabilize its slopes and
form both a low-level and a high-level screen between grade and a
predetermined height established by the applicable regulation.
LANDSCAPE STRIP
An area of designated width at the periphery of a property
planted with required noninvasive vegetative species that generally
visually and functionally separate adjoining properties and uses.
LAUNDROMAT
A self-service business in which patrons clean, dry clean
and/or dry articles of clothing, uniforms, linens, sheets, blankets,
table cloths, draperies, towels, diapers and other fabric items.
LAUNDRY
A use at which articles of clothing, uniforms, linens, sheets,
blankets, table cloths, draperies, towels, diapers and other fabric
items are delivered to be cleaned with the use of agents that are
generally water soluble.
LOADING SPACE
An off-street space or area having direct usable access to
a street or alley suitable for the loading or unloading of goods for
shipment.
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.
A.
LOT, CORNERA property having street frontage along two or more contiguous sides or along a single curved street with an interior angle of less than 135° as measured along the interior edge of the street right-of-way, or in the event of no right-of-way, along the interior edge of the cartway.
C.
LOT, THROUGH/REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets with vehicular access solely from the street of lesser functional classification.
LOT COVERAGE
A percentage of the lot area which may be covered with an
impervious surface (e.g., buildings, driveways, parking area, sidewalks).
To the extent a building or structure incorporates a green rooftop
(as defined herein) such area shall not be considered to be impervious.
LOT DEPTH
The horizontal distance measured between the street right-of-way
line and the closest rear property line measured perpendicular along
straight streets rights-of-way and measured radially along curved
street rights-of-way. On corner and reverse frontage lots, the depth
shall be measured from the street right-of-way line of the street
of address to the directly opposite property line.
LOT LINE
A recorded boundary line of a lot; however, any edge of an
adjoining street or other public or quasi-public right-of-way shall
be interpreted as the lot line for the purposes of determining the
location of the setbacks required by this chapter.
B.
LOT LINE, REARLot lines that are formed at the outermost edge of any rear yard as defined herein.
C.
LOT LINE, SIDELot lines that are formed at the outermost edge of any side yard as defined herein.
LOT WIDTH
The horizontal distance measured between side property lines
along the minimum front yard setback line and at the street right-of-way
line. On corner lots, lot width shall be measured between the right-
of-way line for the nonaddress street and the directly opposite property
line along the minimum front yard setback line and at the street right-of-way
line along the street of address.
MAN-MADE LAKES, DAMS AND IMPOUNDMENTS
A body of surface water that has been constructed with a
bottom and sides generally comprised of natural materials with the
possible exception of an artificial dam or spillway or bottom liner.
MANUFACTURING
Production of goods from raw materials, by the assembly of
constituent parts produced elsewhere, or by a combination of these
means, including the final packaging of such goods for sale or shipment.
Includes all activities included in the NAICS (q.v.) list of manufacturing
activities except those excluded by the definition of heavy industry
as contained herein.
MANURE
The fecal and urinary excrement of livestock and poultry,
often containing some spilled feed, bedding or litter.
MANURE STORAGE FACILITY
A detached structure or other improvement built to store
manure for future use or awaiting disposal.
MASS TRANSIT STOPS
An area of land with or without structures where passengers
are routinely collected by and dispatched from buses, trains, subways,
taxicabs or other passenger vehicles (other than aircraft) owned and
operated by a provider of public transportation.
MATURE TREE
A deciduous tree with a diameter at breast height (DBH) greater
than or equal to 10 inches or a coniferous tree at least 10 feet tall.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth under the
Medical Marijuana Act, Pennsylvania Act 16, adopted April 17, 2016,
as may be amended. The following definitions shall apply to medical marijuana
uses:
A.
MEDICAL MARIJUANA ACTThe Pennsylvania Medical Marijuana Act, known as Pennsylvania Act 16, adopted April 17, 2016.
B.
MEDICAL MARIJUANA DISPENSARYA person which holds a permit issued by the Pennsylvania Department of Health under the Medical Marijuana Act, to dispense medical marijuana. The terms do not include a health care medical marijuana organization under the Medical Marijuana Act which has been separately approved by the Pennsylvania Department of Health to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Medical Marijuana Act.
C.
MEDICAL MARIJUANA GROWER/PROCESSORA person which holds a permit issued by the Pennsylvania Department of Health under the Medical Marijuana Act, to grow and process medical marijuana. A grower/processor under this definition shall be considered a manufacturing use, and not an agricultural use or business. The terms does not include a health care medical marijuana organization under the Medical Marijuana Act which has been separately approved by the Pennsylvania Department of Health to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Medical Marijuana Act.
MEDICAL OFFICES
A building or group of buildings occupied by medical and/or
other licensed practitioners and related services for the purpose
of providing health, dental, vision, emergency medical, wellness,
dietary, social, behavioral, therapeutic, occupational and psychological
services to outpatients. This definition does not include methadone
treatment facilities, as defined herein.
MEDICAL RESIDENTIAL CAMPUS
A use that provides a harmonious and balanced mix of medical,
residential, limited commercial and recreational uses, primarily serving
campus residents, and public, quasi-public and medical services for
the off-campus retirement-aged community.
MESSAGE DISPLAY CYCLE
That unit of time in which one complete message is displayed
upon a sign incorporating a dynamic message display.
METHADONE TREATMENT FACILITY
Any use licensed by the Pennsylvania Department of Health
that administers the drug methadone in the treatment, maintenance
or detoxification of persons.
MINIMUM LOT AREA
The least amount of lot area required to be to be associated
with a principal use as required by this chapter.
MINING, QUARRYING AND RELATED PROCESSING OPERATIONS
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial or
construction use; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location. Mining shall
expressly exclude the following:
A.
The extraction of minerals by a landowner for the landowner's
noncommercial use from land owned or leased by the landowner.
B.
The extraction of sand, gravel, rock, stone, earth or fill from
borrow pits for highway construction purposes of the Department of
Transportation or the extraction of minerals under construction contracts
with the Department if the work is performed under a bond, contract
and specifications that substantially provide for and require reclamation
of the area affected in the manner provided by the act;
C.
The handling, processing or storage of slag on the premises
of a manufacturer as a part of the manufacturing process;
D.
Dredging operations that are carried out in the rivers and streams
of this commonwealth;
E.
The sale and accompanying removal of non-coal materials from
retail outlets;
F.
The extraction of minerals or other deposits carried out beneath
the surface by means of shafts, tunnels and similar openings; and
G.
The extraction, handling, processing or storing of minerals
from a building construction excavation on the site of the construction
if the minerals removed are incidental to the building construction
excavation, regardless of the commercial value of the minerals. For
purposes of this definition, the minerals removed are incidental if
the excavator demonstrates that:
(1)
Extraction, handling, processing, or storing are conducted concurrently
with construction;
(2)
The area mined is limited to the area necessary to construction;
and
(3)
The construction is reasonably related to the use proposed for
the site.
MOBILE HOME
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 LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections 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.
MOTEL
See "hotel, motel and similar lodging facilities."
MUNICIPAL USES
Those uses and facilities designed to furnish necessary support
for the general public health, safety and welfare that are typically
the responsibility of local governments and other locally operated
service agencies. Such uses shall include, but are not limited to:
A.
Municipal offices, meeting halls, garages, and storage yards;
B.
Public utility services and uses, including the structures and
buildings where such uses are operated, to specifically include without
limitation water plants and systems for providing potable water, sewer
treatment plants and systems for the collection and conveyance of
sewage, any similar public utility owned and operated by a municipal
body, whether or not it is provided to the municipality's residents
for a fee;
C.
Emergency services comprised of voluntary and/or paid personnel
whose principal function is the dispatch of trained responders to
the general public, under local emergency conditions. Such uses may
include facilities for the housing of personnel while on duty, vehicle
and equipment storage areas, training facilities and accessory meeting,
cafeteria, banquet, stage, recreation, shooting range and/or other
fund-raising amenities, all of which must be conducted within a totally
enclosed building. Accessory parks, athletic facilities and fairgrounds
are also permitted. Suitable examples include, but are not limited
to, police departments, sheriff stations, fire companies, forest fire
agencies, ambulance companies, emergency medical services, advanced
life support, search and rescue, national guard and civil defense.
This definition does not include prisons or outdoor shooting ranges;
D.
Indoor community service uses and activities, including meeting
rooms, classrooms, theaters, auditoriums, banquet and social halls,
scout cabins, libraries, museums and galleries of materials that are
not for sale, clubhouses, accessory cafeterias and kitchens, and other
similar uses;
E.
Outdoor community service facilities and activities, including
fair grounds, community bulletin boards and other similar uses; and
F.
Uses accessory to the above-permitted uses, including parking
and loading spaces, signs, offices, restrooms, maintenance equipment
storage areas and buildings, lights, waste receptacles and dumpsters,
bleachers, and other similar uses.
MUNICIPALITY
The Township of Dickinson, Cumberland County, Pennsylvania.
NET ACRE
An area of land with 43,560 square feet, exclusive of public
rights-of-way, and public and private streets. In the case where a
proposed development with more than one principal use is to rely upon
one or more private access drives rather than streets, the area devoted
to the access drives that serve more than one principal use and any
adjoining curbs and sidewalks shall also be deducted from the calculation
of acreage.
NEW CONSTRUCTION
Structures, including substantial improvements thereto, for
which the start of construction commenced on or after the effective
date of this chapter.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
all of the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventorying of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
NONCOMMERCIAL KEEPING OF LIVESTOCK
An accessory use to a principal detached single-family dwelling
that is not contained upon a farm, whereupon livestock are kept exclusively
by the residents of the site.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zone in which it is located by reasons
of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted where such use was lawfully in existence prior
to the enactment of such ordinance, or amendment or prior to the application
of such ordinance or amendment to its location by reason of annexation.
NONCONFORMITY, DIMENSIONAL
Any aspect of a land use that does not comply with any size,
height, bulk, setback, distance, landscaping, coverage, screening,
or any other design or performance standard specified by this chapter,
where such dimensional nonconformity lawfully existed prior to the
adoption of this chapter or amendment thereto, or when such nonconformity
is the result of the acquisition of land and/or rights-of-way by a
governmental agency.
NOXIOUS SPECIES
Plants identified by the Pennsylvania Department of Agriculture
on its noxious weed control list, with such list being published at
(as amended and updated): http://www.agriculture.pa.gov/Plants Land
Water/Plant/Plandustry/NIPPP/Pages/default.aspx
OFF-STREET LOADING
An off-street area provided for the loading or unloading of goods and/or materials that has direct usable access to a use's loading docks and/or doors and is connected to a street or alley by an access drive subject to the requirements listed in §
205-33 of this chapter. This definition shall also expressly include any area that directly adjoins the loading docks and/or doors that is necessary for the vehicles to maneuver into place with the use's loading docks and/or doors. This definition shall not include the access drives on the site that do not directly adjoin the loading docks and/or doors unless they require vehicles to move in a reverse direction to negotiate access to and from the loading docks and/or doors.
OFF-STREET PARKING
An accessory use in which required and, potentially, additional parking spaces are provided subject to the requirements listed in §
205-34 of this chapter.
OFF-TRACK BETTING FACILITY
A facility other than a racetrack wherein pari-mutuel wagering,
but no other lawful gambling activity, is conducted.
OFFICE
A building or a space in a building the primary use of which
is the conduct of the affairs of a business, profession, service,
or government, including administration, record keeping, clerical
work, and similar business functions. An office shall not involve
manufacturing, fabrication, production, processing, assembling, cleaning,
testing, repair, or storage of materials, goods, or products, except
that office supplies necessary for the operation may be stored as
an incidental use. An office shall only involve the incidental sales
or delivery of any materials, goods, or products physically located
on the premises.
ON-LOT SEWAGE DISPOSAL SYSTEMS (ON-LOT SEWER SERVICE)
A system of conveyance, treatment, and discharge that provides
for the safe and healthful disposal of sewage generated by one principal
use within the confines of the lot on which the use is located, as
approved by the Pennsylvania Department of Environmental Protection.
This definition shall not prohibit the use of sewage plume easements
that may extend beyond the property upon which the sewage is generated.
ON-LOT WATER SERVICE
The provision of water to a single user from a private source
located on the user's lot.
OPEN SPACE
Any area of land or water, or a combination of land and water,
within a development site that is free of improvement and impervious
surfaces. Open spaces shall not include, among other things, areas
devoted to buildings, structures, driveways, access drives, parking
lots, street rights-of-way, and/or stormwater detention basins, but
can include required setbacks and private yards.
ORNAMENTAL PONDS AND WADING POOLS
An accessory use that:
A.
Contains no more than 337.5 cubic feet of water (2,530 gallons);
B.
Has a length or diameter not exceeding 15 feet; and
C.
Has a maximum depth less than 1 1/2 feet.
ORPHANGE
A building or group of buildings designed for and intended
to provide housing facilities for minors, who are in need of direct
care in lieu of that available from their parents. The facility may
include accessory medical facilities intended to serve the residents
of the orphanage but not the general public.
OUTDOOR FURNACE
A freestanding or attached accessory structure or appliance
designed to be located outside of a principal use which is designed
to provide heat and/or hot water to said principal use through the
consumption of clean wood, coal, natural gas, kerosene, propane, domestic
heating oil provided that such fuels comply with all applicable sulfur
limits. For the purposes of this definition, "clean wood fuel" shall
include all wood intended to be used as fuel, including but not limited
to trees, cordwood, logs, lumber, sawdust, and wood from manufacturing
processes (butt offs, shavings, turnings, sander dust) wood pellets,
slabs, bark, chips, and waste pallets. Clean wood fuel does not include
materials chemically treated with any preservative, paint, or oil.
A.
PHASE 2 OUTDOOR FURNACEAn outdoor furnace that has been certified by the United States Environmental Protection Agency as meeting a particulate matter emission limit of 0.32 pounds per million British thermal units (BTUs) of output.
OUTDOOR SHOOTING RANGES
A.
PRIVATE OUTDOOR SHOOTING RANGEAny discharge of firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery cross-bows, etc.) on an individual's private property by the owner or occupier of such property and his/her invited guests (for no fee) for the practice of marksmanship, target shooting, recreation, competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
B.
PUBLIC OUTDOOR SHOOTING RANGEA facility, open to the public or open to a select class of individuals for a fee or membership (specifically including shooting clubs), designed and constructed that is not completely enclosed within a building that allows for the safe discharge of firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery cross-bows, etc.) by persons for the practice of marksmanship, target shooting, recreation, competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
OUTPARCEL
A separate lot within a planned center that relies upon the
planned center's circulation system for vehicular access.
OVERBURDEN
The strata or material overlying a noncoal mineral deposit
or in between noncoal mineral deposits in its natural state and material
before or after its removal by surface mining.
PA
Commonwealth of Pennsylvania.
PA DCNR
Pennsylvania Department of Conservation and Natural Resources.
PA DEP
Pennsylvania Department of Environmental Protection.
PA DOT
Pennsylvania Department of Transportation.
PACKAGING
The enclosure of products into sealers, containers, wrappers,
boxes or other suitable protective coverings for shipping, distribution
and/or sales.
PARENT TRACT
When used in determining the permissible number of lots which
may be subdivided or dwellings or other principal nonresidential uses
which may be erected within the Conservation Zone (C) or Agricultural
Zone (A), all contiguous land held in single and separate ownership
is considered the parent tract, regardless of whether such land is
divided into one or more lots, parcels, purparts or tracts; regardless
of whether such land was acquired by the landowner at different times
or by different deeds, devise, partition or otherwise; regardless
of whether or such land is bisected by public or private streets or
rights-of-way, which was held by the landowner or his or her predecessor
in title on the effective date of this chapter.
PARK AND RIDE LOTS
A use provided by the Township, Cumberland County and/or
the Commonwealth of Pennsylvania that is devoted to the daily storage
of passenger vehicles who engage in some form of mass transit and/or
carpooling.
PARKING LOT
An accessory use in which required and additional parking spaces are provided subject to the requirements listed in §
205-34 of this chapter.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having usable access to a street or alley.
PARKS AND PLAYGROUNDS
Those facilities designed and used for recreation purposes
by the general public that are not operated on a commercial basis.
This definition is meant to include the widest range of recreational
activities, excluding adult entertainment uses, amusement arcades,
amusement or theme parks, gaming facilities, golf courses, off-track
betting facilities, racetracks, and shooting ranges. Such uses may
include:
A.
Outdoor park and recreation facilities, including athletic fields,
courts, playgrounds, open play areas, stadiums, skating rinks, skateboard,
stunt-bicycle or BMX-bicycle courses, and other similar uses;
B.
Outdoor passive recreation facilities, including picnic pavilions,
hiking, biking and fitness trails, park benches, fountains, statues
and other memorials, barbecue grills, ponds, natural and cultural
exhibits, amphitheaters, navigable and intermittent waters, publicly
operated scenic sites and other similar uses;
C.
Outdoor community service facilities and activities, including
fairgrounds, community bulletin boards, and other similar uses;
D.
Outdoor swimming pools, including related amenities like bathhouse,
wading pools, spas, snack bars, and other similar uses; and
E.
Uses accessory to the above-permitted uses, including parking
and loading spaces, signs, offices, restrooms, maintenance equipment
storage areas and buildings, lights, waste receptacles and dumpsters,
bleachers and other similar uses.
PASSENGER MOTOR VEHICLE
A passenger vehicle that is less than 11,001 pounds gross
vehicle weight (weight of vehicle with rated passenger and/or load
capacity) that is used and licensed as the principal mode of conveyance
by the occupants of a residential premises upon the public road system.
This definition shall expressly exclude race vehicles, stake-body
trucks, dump trucks, panel trucks, tractor-trailers, commercial trucks
and heavy equipment.
PASSENGER MOTOR VEHICLE SALES
Any building or land devoted to the retail sales leasing
and/or rental of passenger motor vehicles, including accessory service
and repair facilities if conducted within a completely enclosed building.
PASSENGER MOTOR VEHICLE SERVICE
The retail repair, servicing, maintenance and reconstruction
of passenger motor vehicles, provided that the washing of passenger
vehicles as a principal use is excluded from this definition (see
"car wash").
PAVED
A condition of surface in which man-made materials are applied
resulting in a durable, smooth, stable and dust-free surface over
which vehicles and pedestrians may pass. This definition shall expressly
include asphalt, bituminous, concrete, masonry, permeable, geo-grids
and other similar materials provided they are applied with sufficient
depth and base to achieve the required durable, smooth, stable and
dust-free surface.
PERSON
An individual, partnership, corporation, limited liability
corporation, limited liability partnership, firm, company, association,
governmental entity, trustee, receiver, assignee, or similar representative.
PERSONAL CARGO TRAILER
A licensed vehicle that is meant to be attached to a passenger
motor vehicle for the purposes of transporting personal property upon
the public road system.
PERSONAL SERVICE
A principal use (excluding adult entertainment uses) including
barbershops, beauty and tanning salons, dry cleaning and laundry pickup
and dropoff facilities, tailor shops, shoe repair shops, the repair
of clocks and small appliances and similar activities.
PERVIOUS SURFACE
A surface readily penetrated by water under normal pressure
associated with rainfall or other typical conditions associated with
the proposed use. These typically include but are not limited to yards,
gardens, landscape features, fields, woodlands and other similar unimproved
open spaces. These can also include special paving treatments that
allow the ready penetration of surface water into the ground under
normal pressure.
PESTICIDE
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing, or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds, or other
forms of plant or animal life.
PETROLEUM PRODUCT
Oil or petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as a sludge, as
oil refuse, or mixed with other wastes.
PHMC
Pennsylvania Historical and Museum Commission
PLANNED CENTER
A coordinated development of more than one land use all sharing
common vehicle access and off-street parking.
PLANNED CENTER SIGN
A freestanding sign that is associated with a coordinated
development of more than one land use all sharing common vehicle access
and off-street parking.
PLAY STRUCTURE
An accessory use to a residence comprised of a structure
(freestanding or otherwise) with one or more components and supportive
members which in whole or part is intended for use or play by children,
including but not limited to tree houses, swing sets, sliding boards,
jungle gyms, climbers, seesaws, rockers, nonportable sandboxes, big
toys, modular play sets, etc.
PNDI
The Pennsylvania Natural Diversity Inventory.
POD STORAGE CONTAINERS
Portable containers that are used for temporary storage of
personal property of occupants on the site during times of transition
(e.g., remodeling, moving, construction, emergency).
POWER GENERATION FACILITIES
Except as permitted under the definition of wind and solar
farm, a principal use devoted to the creation, storage, conversion,
distribution and transmission of electrical energy for use at another
location.
PREMISES
The property upon which the activity is conducted as determined
by physical facts rather than property lines. It is the land occupied
by the buildings or other physical uses that are necessary or customarily
incident to the activity, including such open spaces as are arranged
and designed to be used in connection with such buildings or uses.
The following are not considered to be a part of the premises on which
the activity is conducted, and any signs located on such land are
to be considered off-premises advertising:
A.
Any land which is not used as an integral part of the principal
activity, including land which is separated from the activity by a
roadway, highway, or other obstruction, and not used by the activity;
and extensive undeveloped highway frontage contiguous to the land
actually used by a commercial facility, even though it might be under
the same ownership.
B.
Any land which is used for, or devoted to, a separate purpose
unrelated to the advertised activity.
C.
Any land which is in closer proximity to the highway than to
the principal activity, and developed or used only in the area of
the sign site or between the sign site and the principal activity
and whose purpose is for advertising purposes only. In no event shall
a sign site be considered part of the premises on which the advertised
activity is conducted if the site is located on a narrow strip of
land which is nonbuildable land, or is a common or private roadway,
or is held by easement or other lesser interest than the premises
where the activity is located.
PROCESSING
Pertaining to a systematic modification through mechanical,
physical, chemical, and/or energy forces.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body, the Planning Commission or the Zoning Hearing Board, intended
to inform and obtain public comment, prior to taking action in accordance
with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days from the date of the hearing. Public notice
for rezoning, special exception, conditional use and/or variance requests
shall also include the posting of a sign at conspicuous locations
along the perimeter of the subject property deemed sufficient by the
Township to notify potentially interested citizens. These sign(s)
shall be posted at least one week prior to the hearing and will exhibit
the nature, date, time, and location of the hearing. Once posted in
accordance with the requirements of the Act, the Township, absent
actual notice, shall not be responsible for loss or destruction of
sign(s) due to vandalism or an act of God.
PUBLIC SEWER
A municipal or privately owned sanitary sewer facility approved
and permitted by the Pennsylvania Department of Environmental Protection.
Such systems are capable of serving multiple users.
PUBLIC UTILITIES
Use or extension thereof which is privately owned and operated
and requires a certificate of convenience approved by the Pennsylvania
Public Utility Commission for the purpose of providing public sewage
disposal and/or sewage treatment; public water supply, storage and/or
treatment; or for the purpose of providing the transmission of energy
or telephone service. For purposes of this definition, no use regarding
or related to communication antenna, communication equipment facilities,
and communication towers shall be considered, or in any way constitute,
a public utility.
PUBLIC UTILITIES STRUCTURES
Any structure built for the purpose of providing a public
utility which is not owned by a municipal or government entity, whether
such structure, or the land upon which it is constructed, is owned
or leased by the entity operating said public utility. The following
are expressly excluded from the definition of public utilities structures:
communication antenna, communication equipment facilities, and communication
towers.
PUBLIC WATER
A municipal or privately owned water supply system approved
and permitted by the Pennsylvania Department of Environmental Protection.
Such systems are capable of serving multiple users.
RECREATIONAL VEHICLE
A vehicle which is 1) built on a single chassis; 2) not more
than 400 square feet, measured at the largest horizontal projections;
3) designed to be self-propelled or permanently towable by a passenger
vehicle; and 4) designed for recreation and/or human occupancy solely
under transient circumstances (e.g., vacations, camping, seasonal
recreation, temporary visitation, but expressly excluding residency
and migrant employment).
RECYCLING COLLECTION FACILITY
A use devoted solely to the collection of discarded materials
that have entered a reasonably continuous process whereby their reuse
is foreseeable, for processing and disposal at another location.
RECYCLING FACILITY
A use that specializes in the collection and processing of
discarded materials that have entered a reasonably continuous process
whereby their reuse is foreseeable.
RESIDENTIAL SWIMMING POOL
An accessory use involving any structure and inflatable device
used for swimming, not located within a completely enclosed building,
and containing, or normally capable of containing, water to a depth
at any point greater than 24 inches. Farm ponds, stormwater basins
and/or lakes are not included, provided that swimming was not the
primary purpose for their construction.
RESTAURANT
An establishment that serves prepared food primarily on nondisposable
tableware, but can provide for incidental carryout service so long
as the area used for carryout service does not exceed 5% of the total
patron seating area nor 80 square feet (whichever is less). Restaurants
may offer incidental live entertainment.
RESTAURANT, DRIVE-THROUGH OR FAST-FOOD
An establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers. Such food
can be consumed either on or off of the site.
RETAIL
Pertaining to the general public availability for purchase
and personal use and/or consumption.
RETAIL SALES
A use devoted to the display and retail transfer of ownership
and/or rental of goods and products. This term shall not include adult
entertainment uses, as defined herein.
RETAINING WALL
A man-made structure used to stably contain land at a location
of substantial elevation change.
RIDING STABLE
A principal use at which the operator offers services and
facilities to board, train, and exercise horses that are owned by
nonresidents of the subject property. This use also expressly includes
the recreational riding of horses for a fee, riding lessons, periodic
competitions and similar events related to the care, use and enjoyment
of horses.
RIGHT-OF-WAY
A defined portion of land acquired by reservation, dedication,
forced dedication, prescription or condemnation that may or may not
be secured for public use and which may, but need not, be improved
with streets, utilities, stormwater management facilities, traffic
control facilities, curbs, sidewalks, bicycle lanes or paths, streetlights,
and similar improvements for public benefit or enjoyment.
RIGHT-OF-WAY, ULTIMATE
The width or area of land necessary to accommodate present
or future public improvements.
ROADSIDE STAND
An accessory agricultural use for the sale of local agricultural
or horticultural produce, livestock or merchandise.
RURAL OCCUPATION
An accessory business or commercial activity that is conducted
within an accessory structure of a principal single-family detached
dwelling.
SALDO
The latest version of the Township's Subdivision and
Land Development Ordinance.
SALES
A use devoted to the transfer of ownership and/or rental
of goods and products. This term shall not include adult entertainment
uses, as defined herein.
SATELLITE DISH ANTENNA
A device incorporating a reflective surface which is solid,
open mesh or bar-configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses.
SATELLITE DISH ANTENNA AZIMUTH ALIGNMENTS
That range of horizontal directions the installed satellite
dish antenna must be aimed to send or receive signals. These directions
are usually expressed as degrees from true north. The adjacent diagram
illustrates a range of azimuth alignments between 170.1 and 252.3°.
SATELLITE DISH ANTENNA ELEVATION ALIGNMENTS
That range of vertical directions the installed satellite
dish antenna must be aimed to send or receive signals. These directions
are usually expressed as degrees above the horizon. The adjacent diagram
illustrates a range of elevation alignments between 11.4 and 43.8°.
SATELLITE DISH ANTENNAS RECEPTION WINDOW
The area within a direct line between the satellite dish
antenna and an orbiting satellite and or a fixed terrestrially based
sending station. For the satellite dish to remain unimpaired, this
reception window must be kept relatively free from obstructions.
SAWMILL
A principal use devoted to the processing of natural wood
products into semi-finished products for wholesale distribution.
SCHOOL
A principal use in which supervised education or instruction
is offered according to the following categories:
A.
COMMERCIAL SCHOOLA school not operated by a public agency that can offer any of a wide range of curriculums including, but not limited to, all levels of academic, business and technical instruction and training in artistic, dance, baton twirling, athletic, martial arts, musical, gymnastics, cosmetology and other similar activities. Commercial schools are principal uses that are neither home occupations nor day-care operations. These uses shall not include vocational and/or mechanical trade schools as defined in this chapter. Nursery schools shall be considered commercial school if they are operated as a business.
B.
PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary, postgraduate, or any combination thereof, education that may, or may not, be operated as a gainful business, and is not operated by the school zone or another governmental agency. Plain-sect schools shall be included as a private school.
C.
PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, vocational, postsecondary, postgraduate, and adult education, or any combination thereof, and operated by the school district.
D.
(1)
Agriculture and/or horticulture;
(4)
Building construction and general contracting;
(8)
Electrical contracting; and
(9)
Other similar trades, as determined by the Zoning Hearing Board pursuant to §§
205-7 and
205-161C of this chapter.
SCREENING
An assemblage of materials that are arranged so as to block
the ground level views between grade and a predetermined height established
by the applicable regulation. Suitable screening materials include
trees, shrubs, hedges, berms, walls, sight-tight fences, other similar
type materials, or any combination thereof. No wall or fence shall
be constructed of plywood, corrugated metal or fiberglass, nor sheet
metal.
SEASONAL RESIDENCE
A dwelling, cabin, camp, cottage, lodge or summer house which
is intended for occupancy less than 182 days of the year.
SEPTAGE
A semisolid waste that collects at the bottom of sewage treatment
devices that is not continuously released during normal treatment
flows and needs to be periodically removed and processed and disposed
of elsewhere.
SETBACK
The required horizontal distance between a setback line and
a property or street line.
A.
SETBACK, FRONTThe distance between the street line and the front building setback line projected the full width of the lot. Commonly, called "required front yard."
B.
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
C.
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
SETBACK LINE
A line within a property and parallel to a property or street
line which delineates the required minimum distance between some particular
use of property and that property or street line.
SHADOW FLICKER
Alternating changes in light intensity caused by a moving
wind rotor blade casting shadows on the ground and stationary objects.
SHED
A freestanding accessory building to a residence that is
generally used to store personal property solely of the inhabitants
on the site.
SHOPPING CENTER
A development consisting of any single retail store in excess
of 20,000 square feet of gross floor area or two or more establishments
which are designed to function as a unit, for retail sales; personal
services; restaurants, taverns and nightclubs; business, professional,
or banking offices; civic uses, commercial schools, and/or similar
uses together with shared stormwater management, vehicular access,
off-street parking and signage.
SHORT-TERM RENTALS
Any lease or rental arrangement by a property owner of the
owner's property to a third party for a fee or similar compensation,
the duration of which rental, including successive weeks, is less
than a month. This term shall not include boardinghouses, bed-and-breakfasts,
motels, hotels, or campgrounds.
A.
AGRICULTURAL SHORT-TERM RENTALSAny short-term rental whereby an active farm is offering third parties the experience of staying at the farm and participating, in any way, including limited or intense, with the farming activities as a type of tourist experience.
B.
RESIDENTIAL SHORT-TERM RENTALSAny short-term rental that includes an owner or occupier's entire dwelling space, whether the same is an apartment or an entire detached single-family dwelling, or anything similar. The term includes short-term web-based rentals of residential dwellings, commonly referred to as "AirBNB," "Homeaway," and similar.
SIGN
A device for visual communication that is used to bring the
subject to the attention of the public that is legible from an adjoining
road or adjoining property standing at grade (for the purposes of
this definition the term legible shall mean understandable by someone
of sufficient age and eyesight to obtain a Pennsylvania driver's
license.)
A.
This term includes:
(1)
Lettering, logos, trademarks, and other symbols that are an
integral part of the architectural design of a building which are
applied to a building or which are located elsewhere on the premises;
(2)
Signs that are affixed to windows or glass doors or are otherwise
internally mounted such that they are legible from an adjoining road
or adjoining property;
(3)
Flags and insignia of civic, charitable, religious, fraternal,
patriotic, and similar organizations;
(4)
Insignia of governments and government agencies;
(5)
Banners, streamers, pennants, spinners, reflectors, tinsel,
and similar objects; and
B.
This term shall not include:
(1)
Architectural features that may be identified with a particular
business;
(2)
Backlit awnings that include no lettering, logos, or other symbols;
(3)
Signs within a building that are obviously intended to be seen
primarily from within the building;
(4)
Outdoor signs intended for use within a property, such as menu
signs for fast-food restaurant drive-through lanes, provided such
signs are not legible from an adjoining road or adjoining property;
(5)
Signs with regulations within a park, provided such signs are
not legible from an adjoining road or adjoining property;
(6)
Building identification signs within a campus, provided such
signs are not legible from an adjoining road or adjoining property;
(7)
Flags of governments or government agencies;
(8)
Decorative seasonal and holiday banners on residential properties;
and
(9)
Display of merchandise either behind store windows or outdoors.
C.
Types.
(1)
BILLBOARDAn off-premises sign which directs attention to a product, service, business, or cause.
(2)
CANOPY SIGNA sign that is incorporated into an awning or canopy that is attached to the building.
(3)
FLAT ROOF SIGNA sign that has its longest axis along the same direction as the roof to which it is attached and does not project beyond the outside edges of the roofline in any direction.
(4)
FLAT WALL SIGNA sign that is attached to the wall of a building and whose face runs parallel to the wall to which it is attached and does not extend beyond the outside of the edges of the wall in any direction.
(5)
FREESTANDING SIGNA sign that has a separate support structure and is not physically attached to a building.
(6)
PROJECTING ROOF SIGNA sign whose support structure is attached to the roof of a building and whose face either runs generally perpendicular to the roofline or its underlying wall, or extends beyond the outside edges of the roof to which it is attached.
(7)
PROJECTING WALL SIGNA sign whose support structure is attached to the wall of a building and whose face either runs generally perpendicular to the wall, or extends beyond the outside edges of the wall to which it is attached.
(8)
WINDOW SIGNA sign that is either located on the inside or outside surface of a window but whose message faces outward.
SITE
A lot or portion thereof devoted to a particular use as regulated
by this chapter.
SLOT MACHINE PARLORS
A facility other than a racetrack and/or an off-track betting
parlor wherein wagering and other lawful gambling activity is conducted
under Pennsylvania law. This use shall include any facility in which
gambling devices, including but not limited to slot machines, video
poker machines, punch boards, and similar devices are located. The
term "lawful gambling activity" shall not include the sale of lottery
tickets in compliance with state lottery law.
SMALL ENGINE REPAIR SHOPS
A use devoted to the mechanical restoration of machines that
power domestic tools and other household devices and appliances. This
definition shall not include uses involved in the repair of personal
motor vehicles, commercial trucks and heavy equipment, all as defined
herein.
SOIL SURVEY
The latest published version of the United States Department
of Agriculture's soil survey for Cumberland County, Pennsylvania.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) derived
from the sun.
SOLAR ENERGY SYSTEM
An energy conversion system or device, including any structural
design features and all appurtenances and parts thereof, whose primary
purpose is to provide for the collection, storage and distribution
of solar energy for space heating or cooling, for water heating and/or
for electricity.
SOLAR PANEL
That part or portion of a solar energy system containing
one or more receptive cells or units, the purpose of which is to convert
solar energy for use in space heating or cooling, for water heating
and/or for electricity.
SOLID WASTE
Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter
1, Part 261, dated July 1, 1984.
SPECIAL EXCEPTION
A use permitted in a particular zone pursuant to the provisions of Articles
VI and IX of the Act and approved by the Zoning Hearing Board in accordance with §
205-151C of this chapter.
STEEP SLOPES
Existing natural slopes of 15% or greater (equal to 15 feet
vertical distance over 100 feet horizontal distance). The alteration
of slopes that were lawfully man-made (such as walls of a detention
basin or quarry or excavated banks along a street) shall be regulated
by a reasonable estimate of the preexisting natural slope.
STORAGE UNIT CENTERS
A building, series of buildings, a portion of one or more
buildings and/or exterior areas divided into separate storage spaces
for personal property and/or property associated with some business
or other organization. These storage spaces shall be used solely for
storage and no processing, manufacturing, sales, research and development
testing, service and repair, or other non-storage activities shall
be permitted.
STORY
That part of a building between the surface of any floor
and the next floor above it or, in its absence, the finished ceiling
or roof above it. A split-level story shall be considered a second
story if its floor level is six feet or more above the level of the
line of the finished floor next below it. Any floor under a sloping
roof at the top of a building that is more than two feet below the
top plate shall be counted as a 1/2 story. A basement shall be counted
a story if it averages more than five feet above grade.
STREET
A public or private right-of-way, excluding driveways and
access drives, intended for use as a means of vehicular and pedestrian
circulation that provides a means of access to abutting property.
The word "street" includes "thoroughfare," "avenue," "boulevard,"
"court," "drive," "expressway," "highway," "lane," "road," and similar
terms. This definition shall not include alleys as defined herein.
STREET CENTER LINE
A line laterally bisecting a street right-of-way into equal
widths. Where the street right-of-way cannot be determined, the cartway
center line shall be deemed the street center line.
STREET LINE OR RIGHT-OF-WAY LINE
The line defining the limit of a street right-of-way and
separating the street from abutting property or lots. The street line
shall be the same as the right-of-way line currently in existence.
STRUCTURE
Any man-made object, including buildings, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land, excluding stormwater management retention/detention basins
and related inlet and/or outlet devices, sidewalks, driveways leading
directly to a public street, and public utility lines and appurtenances.
Structures shall not include such things as sandboxes, decorative
fountains, swing sets, birdhouses, birdfeeders, mailboxes, and any
other similar nonpermanent improvements.
A.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
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. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
SWIMMING POOL
Any structure and inflatable device, not located within a
completely enclosed building, and containing, or normally capable
of containing, water to a depth at any point greater than 24 inches.
Farm ponds, stormwater basins and/or lakes are not included, provided
that swimming was not the primary purpose for their construction.
TEMPORARY FAMILY HOUSING
A temporary dwelling unit placed on a property with another
single-family detached dwelling for occupancy by either an elderly,
handicapped, disabled person(s), or any child, parent or other relative,
any of which is related by blood, marriage, or adoption, to the occupants
of the principal dwelling or their caregiving family members.
TRAINING CENTER
A principal use that involves the indoor instruction of clients/customers
on any of a wide range of subjects including but not limited to occupational,
cultural, business, technical, professional, trade, religious, life
skills, emergency response, and similar activities.
TRANSIENT
Any person who assumes temporary occupancy for the purposes
of visitation, recreation or leisure purposes. This definition shall
expressly exclude permanent residents and/or migratory workers and
their families.
TRUCK OR MOTOR FREIGHT TERMINAL
A principal use contained on a single property:
A.
To which materials and products are imported for their redistribution
and export by commercial vehicle or other modes of transport; or
B.
Whereby a fleet of commercial vehicles is maintained for their
dispatch on an as needed or contractual basis.
TRUCK STOP
A principal use designed as one functioning site in which
various services and amenities are provided for the comfort, convenience
and safety of those engaged in the trucking distribution industry
and other motorists. Suitable examples include vehicle filling stations,
vehicle repair and services, vehicle washing, dining and lodging,
laundromats, rest lounges and areas, travel-related retail shops,
gift shops, locker rooms and bathing facilities and similar uses.
TURBINE HEIGHT
The distance measured from the surface of the tower foundation
upon which the wind turbine is attached to the highest point of the
turbine rotor blades at their highest point of rotation.
TWO-FAMILY CONVERSION
The conversion of an existing single-family detached dwelling
unit to contain two separate dwelling units.
UNIFORM CONSTRUCTION CODE (UCC)
The latest version of the statewide building code adopted
by the Pennsylvania General Assemble applicable to new construction
in all municipalities whether administered by the municipality, a
third party of the Department of Labor and Industry. Applicable to
residential and commercial buildings, the code adopted by the International
Residential Code (IRC) and the International Building Code (IBC),
by reference, as the construction standard applicable with the commonwealth
floodplain construction. For coordination purposes, references to
the above are made specifically to various sections of the IRC and
the IBC.
USE
The specific purpose(s) for which land or a structure is
designed, arranged, intended, occupied or maintained.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
USE, PRINCIPAL
The use of land, including vacant or open land, or structure
that is most dominant (either visually or economically) in the determination
of the Zoning Officer.
USES DEVOTED TO THE CONSERVATION OF LOCAL NATURAL AND CULTURAL
RESOURCES
Principal uses that:
A.
Are free of buildings, structures or other improvements and
require little to no property maintenance;
B.
Include outdoor passive recreation facilities, including picnic
pavilions, hiking trails, park benches, drinking fountains, barbecue
grills, ponds, natural and cultural exhibits, amphitheaters, navigable
and intermittent waters, publicly operated scenic sites and other
similar uses; and/or
C.
House organizations whose principal purpose is the permanent
protection of important and sensitive features and landscapes; and
D.
Uses accessory to the above-permitted uses, including parking
and loading spaces, signs, offices, restrooms, maintenance equipment
storage areas and buildings, lights, waste receptacles and dumpsters,
and other similar uses.
VARIANCE
Relief granted pursuant to the provisions of Articles
VI and IX of the Act upon application to the Zoning Hearing Board in accordance with §
205-151D of this chapter.
VETERINARY OFFICE/ANIMAL HOSPITAL
Any establishment, building or portion thereof, offering
veterinary services to any type of animals by a licensed veterinarian.
Such use is permitted to include the overnight boarding of domestic
pets, but only if such domestic pets are kept inside the building
where the use is operated. This term excludes the outdoor boarding
or keeping of animals.
WAREHOUSE
A building whose purpose is the storage of goods awaiting
further processes or delivery/distribution.
WATERCOURSE
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water carrying
or holding surface water, whether natural or artificial.
WATERSHED
All the land from which water drains into a particular watercourse.
WELDING SHOPS
A principal use devoted to the joining of metals through
intense heat for repair or the preparation of parts used in other
industrial production and/or assembly.
WETLANDS
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas, and which shall be identified
using that method of the following that delineates the greatest area
of wetlands:
A.
The United States Army Corps of Engineers Technical Report Y87-1,
Corps of Engineers Wetlands Delineation Manual;
B.
The United States Environmental Protection Agency Wetlands Identification
Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview
of Jurisdictional Approach, Volume II, Field Methodology, as most
recently updated or modified; or
C.
The Pennsylvania Department of Environmental Protection's
Resources Wetlands Identification and Delineation, Chapter 105, Dam
Safety and Waterways Management Rules and Regulations, as most recently
updated or modified.
WIND AND SOLAR FARM
A principal use devoted to the generation of electrical energy
for consumption elsewhere by means of solar panels and/or wind energy
conversion systems.
WIND TURBINE
Any device which converts wind energy to mechanical or electrical
energy. This shall include blades, hubs to which blades are attached,
and any device, such as a tower, used to support the hub and/or rotary
blades, etc.
YARD
An area between the permitted structures and the property
lines.
A.
CORNER LOTSOn corner lots that are also through lots, the front yard shall be those yards that are located between the principal structure and the adjoining street of address and located between the principal structure and the adjoining street that intersects with the street of address.
B.
YARD, FRONTThe area contained between the principal structure and the street right-of-way line, except that where a portion of the site has a front property line that is located away from the street right-of-way and runs generally parallel to the street, the front yard shall also include that area that is located between the principal structure and the front property line that generally parallels the street (see adjacent diagram). On corner lots the front yard shall be those yards that are located between the principal structure and the adjoining streets.
C.
YARD, REARThe area contained between the principal structure and the property line directly opposite the street of address. On corner lots that are also through lots, the rear yard shall be that yard that is located directly opposite the adjoining street that intersects with the street of address.
D.
YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s). On corner lots that are also through lots, the side yard shall be that yard that is located directly opposite the adjoining street that intersects with the street of address.
YARD SALE
See "garage, moving and yard sale."
ZONE
A portion of the Township within which certain uniform regulations
and requirements or combinations thereof apply under the provisions
of this chapter.
ZONING
The designation of specified zones within a community or
township, reserving them for certain uses together with limitations
on lot size, heights of structures and other stipulated requirements.
ZONING HEARING BOARD
The Zoning Hearing Board of Dickinson Township, Cumberland
County, Pennsylvania.
ZONING MAP
The Zoning Map of Dickinson Township adopted as part of this
chapter.
ZONING OFFICER
The duly constituted municipal official designated to administer
and enforce this chapter in accordance with its literal terms.
ZONING PERMIT
A permit stating that the purpose for which a building, structure,
sign, and/or land is to be used is in conformity with the applicable
requirements of this chapter for the zoning zone in which it is, or
will be, located.