All words used in this chapter shall carry their customary dictionary
definitions as provided in the most recent edition of Webster's
Collegiate Dictionary, except where specifically defined herein. Certain
words shall have the meaning assigned to them as follows:
1.
Words used in the present tense shall include the future.
2.
The singular includes the plural, and the plural the singular.
3.
The word "person" includes a corporation, partnership, association
and individual.
4.
The word "lot" includes the words "plot," "parcel" and "tract."
5.
The terms "shall" and "will" are always mandatory. The word "may"
is permissive.
6.
The word "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged, maintained
or designed to be used or occupied."
7.
The word "building" includes the word "structure."
8.
The word "includes" or "including" shall not limit the term to the
specified example, but is intended to extend its meaning to all other
instances of like kind and character.
9.
Parenthetical words or statements are integral parts of the definitions
in which they are located.
The following words and phrases shall have the meaning given
in this chapter as follows:
To stop the use of property intentionally when the use of
property has ceased and the property has been vacant for 12 months.
Abandonment of use will be presumed unless owner can show that a diligent
effort has been made to sell, rent or use the property for a legally
permissible use.
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a lot containing any
use other than a single dwelling unit or a farm.
A subordinate structure existing on the same lot as the principal
or main building devoted to a use incidental to the principal use.
A use conducted on the same lot as a principal use to which
it is related; a use which is clearly incidental to and customarily
found to be subordinate to a particular principal use.
The process of converting a building to a use other than
that for which it was designed.
A premises in which daily living services for adults (18
years of age or older) are simultaneously provided for part of a twenty-four-hour
day for four or more clients who are not relatives of the operator.
Such a facility must be licensed by the Commonwealth of Pennsylvania.
The definition for this term and for all uses included under
this term shall apply as are provided in Title 68, Part II, Subpart
E, Chapter 55, Section 5502 of the Pennsylvania Consolidated Statutes,
as amended.[1] Such definitions in Pennsylvania statutes are hereby included
by reference, including but not limited to the definitions for "adult
bookstore," "adult entertainment," "adult mini-motion picture theater,"
"adult motion picture theater," "sexual activities," "specified anatomical
areas" and "specified sexual activities."
A structure utilized to store farm implements, hay, feed,
grain or other agricultural or horticultural products or to house
poultry, livestock or other farm animals, a milk house and a structure
used to grow mushrooms, agricultural or horticultural products. The
term includes a carriage house owned and used by members of a recognized
religious sect for the purposes of housing horses and storing buggies.
The term shall not include habitable space or spaces in which agricultural
products are processed, treated or packaged and shall not be construed
to mean a place of occupancy by the general public.
An enterprise that is actively and continuously engaged in
the commercial production and preparation for market of crops, livestock
and livestock products and in the production, harvesting and preparation
for market or use of agricultural, agronomic, horticultural, apiculture,
silvicultural and aquacultural crops and commodities. The term includes
an enterprise that implements changes in production practices and
procedures or types of crops, livestock, livestock products or commodities
produced consistent with practices and procedures that are normally
engaged by farmers or are consistent with technological development
within the agricultural industry.
Activities conducted on and accessory to a working farm and
offered to the public or invited groups for the purpose of recreation,
education, or active involvement in the farm operation. These activities
must be directly related to agricultural or natural resources and
incidental to the primary operation of the farm.
Any area designed and set aside for the landing and takeoff
of aircraft, including all necessary facilities for the housing and
maintenance of aircraft.
A minor right-of-way privately or publicly owned, primarily
for service access to the back or sides of properties.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another, or conversion of one use to another by virtue
of interior change.
The composite or normal or existing sound from all sources
measured at a given location for a specific time of the day or night.
A change in this chapter, including addition of new requirements,
revision of existing requirements or deletion of obsolete requirements,
necessitating public hearings and other official approvals before
becoming effective.
See "communications antenna."
A room or suite of rooms, intended, designed or used as a
residence by a single family, in a building with its own cooking,
food storage, bathing and toilet facilities and with access directly
or via a common hall to the outside.
Any premises in which food, shelter, assisted-living services,
assistance or supervision and supplemental health care services are
provided for a period exceeding 24 hours for more than 16 adults who
are not relatives of the operator, who require assistance or supervision
in matters such as dressing, bathing, diet, financial management,
evacuation from the residence in the event of an emergency or medication
prescribed for self-administration.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[2]
Any building or land area devoted to the repair, servicing,
restoration, reconstruction and maintenance of vehicles, including
the retail sale of motor oil, batteries and other similar vehicular
accessories.
Any building or land area devoted to the retail sales or
rental of vehicles (including automobiles, pickup trucks and passenger
vans), including accessory service and repair facilities, provided
that they are subordinate to the principal use and conducted within
a completely enclosed building.
Any portion of any lot, whether inside or outside a building,
for storage, keeping or abandonment of automobiles or other vehicles,
machinery or parts thereof and any worn, castoff or discarded article
or material which is ready for destruction or which had been collected
or stored for sale, resale, salvage or conversion to some other use.
A business which sells alcoholic beverages for consumption
on the premises as the principal use and which may offer food for
consumption on the premises as an accessory use.
The space enclosed by the foundation or ground floor walls
of a building with a minimum depth of six feet. A basement shall not
be counted as a story for purposes of height measurement unless 1/2
or more of its height is above average grade.
An owner-occupied detached single-family dwelling which provides
overnight lodging to temporary visitors of the area, provides meals
for overnight guests only, and which does not routinely involve rental
of accommodations for periods of more than 14 consecutive days.
See "sign (billboard)."
An individual or individuals, other than a family member
of the family occupying the dwelling unit, or part thereof, who, for
a consideration, is furnished sleeping accommodations and may be furnished
meals or other services as part of the consideration.
A dwelling in which at least two rooms are offered for rent,
whether or not meals are furnished to lodgers and in which no transients
are accommodated and no public restaurant is maintained. A school
or college dormitory, fraternity or sorority house, membership club
with residents, and other similar uses are not deemed a boarding or
rooming house.
A line, usually a property or street right-of-way line or
the center line of a recognizable physical feature such as a highway,
stream or railroad that demarcates the edge of a district or area.
An industrial use which brews ales, beers, meads and/or similar
beverages and does not serve the beverages on site in a tavern or
restaurant, but which may include a public tasting room. Breweries
are classified as a use which manufactures more than 15,000 barrels
of beverage (all beverages combined) annually. In addition, uses which
manufacture 15,000 barrels of beverage or less, but which do not meet
any requirement specific to brewpubs. For purposes of this chapter,
the term "brewery" shall include distilleries, cideries, meaderies
and other producers of alcoholic beverages for sale and distribution.
This term does not include "farm winery."
A commercial use which brews a maximum combined total of
15,000 barrels per year of ales, beers, meads and/or similar alcoholic
beverages and which serves the beverages in a tavern or restaurant.
A brewpub may include the shipping of beverages for consumption at
other sites.
A buffer, buffer area, and buffer yard or buffer setback
is a strip of land planted with trees, shrubs and lawns and which
is kept free of outdoor storage, buildings and vehicles, and which
serves to separate certain uses or zoning districts. See also "screening"
in this section. A buffer cannot be used for any purpose other than
fencing and landscaping.
A gross acreage reduced by all or a portion of land with
sensitive environmental attributes.
Any structure in excess of 150 square feet having a roof
and enclosed sides and any unroofed platform, terrace or porch having
a vertical face higher than three feet above the level of the ground
from which the height of the building is measured. All buildings are
structures, but only those structures that meet this definition, shall
be considered buildings.
See "height."
A subordinate building located on the same lot as the main
building, the use of which is incidental to the use of the main building.
A building in which is conducted the principal use of the
lot on which it is situated. In any residential zone, a dwelling shall
be deemed a main building on the lot on which the same is located,
unless otherwise provided for elsewhere in chapter.
Establishments engaged in rendering services to businesses
and offices on a fee or contract basis including, but not limited
to, advertising; mailing; data processing; office supplies; building
maintenance; equipment servicing, rental, leasing and sales; employment
service; and other similar business services.
A structure used for the purposes of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles but not
including an incidental one-way washing facility in a gasoline service
station where washing facilities are purely incidental to the operation
of said service station. A self-operating vehicular laundering facility
not requiring attendants or employees, regardless of capacity, is
also considered to be an automobile laundry.
A partially enclosed accessory roofed structure used for
the purpose of parking a vehicle.
The space enclosed by the foundation or ground floor walls
of a building with a minimum depth of six feet in which more than
1/2 of its height is below grade. A cellar shall not be counted as
a story.
Land that is reserved for the burying of the dead and that
could contain mausoleums and columbaria but not crematoriums.
An imaginary line running parallel to street or easement
right-of-way lines and equidistant from the lines on each side of
the street or easement, or a line following the center of a physical
feature such as a stream or roadway.
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods
of less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including "nursery school" or "head start" programs. See
also definition of "adult day-care center." The following three types
of day care are permitted without regulation by this chapter: (1)
care of children by their own relatives; (2) care of children within
a place of worship during regularly scheduled religious services;
and (3) care of one to three children within any dwelling unit, in
addition to children who are relatives of the caregiver.
FAMILY DAY CARE HOME (or "CHILD DAY CARE AS AN ACCESSORY USE")A type of day-care use that:
DAY-CARE CENTERA type of day-care use that:
See "place of worship."
A triangular area of unobstructed vision at the intersection
of two streets or of a driveway and a street defined by line of sight
a given distance from the intersection of the center lines of two
streets or the center lines of the driveway and the street. The required
clear sight triangle is illustrated in Appendix A.[3]
An establishment providing therapeutic, preventative, corrective,
healing and health-building treatment services on an outpatient basis
by physicians, dentists and other practitioners. Typical uses include
medical and dental offices and hospitals and outpatient medical laboratories.
A recreational facility that is owned and operated by a nonpublic
agency and is conducted as a business enterprise. Uses may include
mini-golf courses, batting cages, golf driving ranges, pitch-and-putt
golf courses, paintball courses, bowling alleys, go-cart courses,
laser tag facilities, amusement arcades, indoor firing ranges and
similar uses.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site which is 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.
Any device used for transmission or reception of radio, television,
wireless telephone, pager, commercial mobile radio service, or any
other wireless communications signals, including, without limitation,
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 private residence-mounted satellite dishes or television
antennas or amateur radio equipment including, without limitation,
ham or citizen band radio antennas.
The act of installing wireless communications equipment,
from more than one provider, on a single tower, building, or structure.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground no greater than 250 square feet.
A structure, other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
The adopted West Pike Run Township Comprehensive Plan, as
amended.
See "oil and gas development" definitions.
Permission or approval granted to an applicant pursuant to
this chapter to use land in a zoning district for a purpose so authorized
in the district. Uses permitted by conditional use are specifically
stated herein and shall be permitted only under the terms, procedures
and conditions prescribed in this chapter. Conditional uses are granted
or denied by the governing body in accordance with the procedures
set forth in this chapter and in the Municipalities Planning Code.[4] The burden of proof in all requests for conditional uses
shall be upon the applicant to establish compliance with all requirements
of this chapter pertaining to the grant of a conditional use and all
provisions applicable thereto.
A form of property ownership providing for individual ownership
of a specific dwelling unit, or other space not necessarily on ground
level, together with an undivided interest in the land or other parts
of the structure in common with the others.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain and
similar goods, but not including the wrecking, salvaging, dismantling
or storage of junked vehicles.
The maximum area or percentage of a lot which may be occupied
by structures.
An establishment containing a furnace where a corpse can
be burned and reduced/cremated to ashes as permitted by the Pennsylvania
Department of Environmental Protection.
Steady, fluctuating or impulsive noise which may or may not
contain a pure tone and which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
The logarithmic and dimensionless unit of measurement often
used in describing the loudness of sound. Decibel is denoted as dB.
See "inoperable vehicle."
Any landowner, agent of such landowner or tenant with written,
notarized permission of such landowner, who makes or causes to be
made a subdivision of land or a land development.
Any mechanism which is intended to produce, or which actually
produces, noise when operated or handled.
Animals that are customarily kept for personal use or enjoyment
within the home. Household pets shall include, but not be limited
to, domestic dogs, domestic cats, domestic tropical birds and rodents.
Any portion of a building or structure from which business
is transacted or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions.
An improved cartway designed and constructed to provide vehicular
movement between a public road and a tract of land serving one single-family
dwelling unit or a farm.
Any building or portion thereof, including but not limited
to those totally or partially premanufactured off the site to be occupied,
that is designed for or used for residential purposes. Dwelling types
are as follows:
SINGLE-FAMILY DETACHED DWELLINGA building occupied by only one dwelling unit and having two side yards.
SINGLE-FAMILY ATTACHED DWELLING (or TOWNHOUSE)A set of three or more attached dwelling units, which are completely separated from each other by one or two vertical party walls.
DEPENDENT DWELLINGAn accessory dwelling unit attached to a principal single-family dwelling, installed and intended solely for the use of elderly parents or other dependent close relatives of the household occupying the primary dwelling.
TWO-FAMILY DWELLING (or DUPLEX)A residential building which is the only principal structure on the lot, designed exclusively for occupancy by two families living independently of each other and containing two dwelling units, each with a separate entrance directly to the outside, including double houses and duplexes.
DWELLING, MULTIFAMILY APARTMENTSThree or more dwelling units within a building that do not meet the definition of single-family attached.
GROUP CARE FACILITYA residential facility designed, operated and maintained for adults which may include skilled nursing, intermediate care or personal care facilities, as well as independent living facilities. This facility shall not include a home for persons serving on work release or probationary programs. (See "dwelling," Subdefinition 7, "transitional dwelling.")
SMALLA dwelling unit shared by up to six persons who require assistance and/or supervision and who reside together in a family-type environment. These facilities shall be maintained and operated by appropriately licensed and/or certified practitioners. A small group care facility shall be treated as a single-family dwelling.
LARGEA residence for seven to 16 or more persons who require assistance and/or supervision, plus attending staff, that functions as a housekeeping unit. Includes nursing/convalescent homes. This use may include limited convenience services (shared dining, nursing, beauty/barber shops, pharmacy, physical and occupational therapy, and similar facilities) for the use of the residents and guests co-located within the facility. These facilities shall be maintained and operated by appropriately licensed and/or certified practitioners.
TRANSITIONAL DWELLINGA temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. Transitional living facilities help residents reenter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, re-release, work release or probationary programs. Such facilities typically place a limit, measured in months, on how long a person may stay.
A single habitable living unit occupied by only one "family"
(see definition). To be considered a dwelling unit, each dwelling
unit shall have: (a) its own toilet, bath or shower, sink, sleeping
or cooking facilities; and (b) separate access to the outside or to
a common hallway or balcony that connects to outside access at ground
level. A dwelling unit shall not include two or more separate living
areas that are completely separated by interior walls so as to prevent
interior access from one living area to another. A second kitchen
shall not be newly installed in a dwelling unit unless it is for the
purpose of accommodating a relative who needs special care and supervision
because of age or disability.
Public and private schools at the primary, elementary, junior
high, or high school level that provide basic education; or colleges
and other institutions of higher learning that offer courses of general
or specialized study leading to a degree.
A notice given by a municipality through the internet of
the time and place of a public hearing and the particular nature of
the matter to be considered at the hearing.
An area utilized for the maintenance, fueling, storage, dispatching
or parking of vehicles and/or equipment providing rescue or ambulatory
services, excepting rescue services offered from a fire station, and
where the area may or may not include buildings utilized in connection
therewith.
A motor vehicle used in response to a public calamity or
to protect persons or property from an imminent exposure to danger.
Work made necessary to restore property to a safe condition
following a public calamity, or work required to protect persons or
property from an imminent exposure to danger.
Utility or municipal uses that are necessary for the preservation
of the public health and safety and that are routine, customary and
appropriate to the character of the area in which they are to be located.
Essential services shall include the following and closely similar
facilities: sanitary sewage lines, water lines, electric distribution
lines, stormwater management facilities, cable television lines, natural
gas distribution lines, fire hydrants, street lights and traffic signals.
Essential services shall not include a central sewage treatment plant,
a solid waste disposal area or facility, commercial communications
towers, a power generating station, septic or sludge disposal, offices,
storage of trucks or equipment or bulk storage of materials.
One or more persons occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying
a boarding house, club, fraternity or hotel.
See "child day care."
A tract or parcel of land containing at least 10 acres, devoted
primarily to agricultural uses, together with a farm dwelling and/or
other accessory uses.
A low-intensity commercial activity that functions as customary
accessory use to an on-site farm. Farm-related businesses are intended
to provide supplemental income to farmers to encourage the continuation
of farming and to provide needed services to other farmers. Such activities
shall be strictly subordinate to and incidental to the primary farm
activity on the lot and shall not be permitted to be developed to
an intensity that will cause possible conflict with the purposes of
the Agricultural District.
A barrier constructed of materials other than shrubbery and
erected for the purpose of protection, confinement, enclosure or privacy.
A bank, savings-and-loan association, credit union, finance
or loan company, etc.
The sum of the gross area of all floors of a building measured
from the face of interior walls.
Determined by dividing the gross floor area of all buildings
on a lot by the area of that lot.
The sum of the horizontal area of all floors of a structure
and its accessory buildings as measured between the exterior faces
of walls.
The enclosed indoor floor area that is designed and suitable
for residency by persons and which is heated. This term shall not
include vehicle garages or areas with a head room of less than seven
feet.
The retail sales of foodstuffs and associated merchandise
packaged for consumption after preparation, off the premises where
sold and not including any restaurant or takeout establishment.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A front yard line bounds the front yard and is parallel to
the front line.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for: (a) embalming
and the performance of other services used in the preparation of the
dead for burial; (b) the performance of autopsies and other surgical
procedures; (c) the storage of caskets, funeral urns, and other related
funeral supplies; and the storage of funeral vehicles. For purposes
of this chapter, the term "funeral home" shall not include a "crematorium."
A building or structure in which one or more motor vehicles
are stored, but not for the repairs or maintenance thereof. A garage
may take any one of the following forms and conform with all other
applicable Township ordinances: detached, attached.
An establishment servicing motor vehicles with fuel, supplies,
accessories and minor repairs, but not including the storage, sale
or major repair of motor vehicles such as, but not limited to, motor
replacement, body and fender repair or spray painting.
The process of changing the natural surface of the land in
order to carry out a development plan.
An establishment where flowers, shrubbery, vegetables, trees
and other horticultural and floricultural products are grown both
in the open and in an enclosed building.
An establishment where flowers, shrubbery, vegetables, trees
and other horticultural and floricultural products are grown both
in the open and in an enclosed building, for sale on a retail or wholesale
basis.
The total acreage of a tract for which an application is
filed or approved.
See "dwelling - group care facility."
The vertical distance along the wall of a building measured
between the average of the highest and lowest elevation at ground
level on the front or rear facade, whichever has the lower ground
elevation, and the top of the parapet on a flat roof building or halfway
between the eaves and highest ridge line on a sloped roof building
except that chimneys, stacks, steeples, roof-mounted air-handling
equipment and similar projections of the building, not intended for
human occupancy, shall not be considered in measuring height.
See "height."
The vertical distance measured from ground level to the highest
point on the sign, or its supporting structure.
Any structure that is:
Listed individually in the National or Pennsylvania Register
of Historic Places or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on
the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
A land use involving display and retails sales of mobile
and/or manufactured homes.
An accessory business that is conducted entirely within a
dwelling or one accessory building, or administered from a dwelling
and which is clearly incidental and accessory to the dwelling.
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 keeping of horses and ponies owned by persons other than
the owner of the stable, or the rental of horses owned by the owner
of the stable for a fee or other form of compensation, which may include
training of horses, riding lessons and riding facilities.
An institution licensed in the Commonwealth of Pennsylvania
as a hospital that renders inpatient and outpatient medical care on
a twenty-four-hour-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.
Establishments offering lodging to transient patrons. These
establishments may provide additional accessory services, such as
conference and meeting rooms, restaurants, bars, or recreation facilities
available to guests and the general public. This classification includes
motor lodges, motels, hostels, extended-stay hotels, and tourist courts,
but does not include rooming houses, boarding houses, or private residential
clubs. The lengths of stays for the majority of guests at these facilities
are for 30 days or less.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
It includes surfaces such as compacted sand, lime rock or clay, as
wall u most conventionally surfaced streets, roofs, sidewalks, parking
lots and other similar structures.
A noise characterized by brief excursions of sound pressure
whose peak levels exceed the ambience by 10 dB. The duration of a
single impulse is usually less than one second and requires the use
of a sound level meter specially adapted for its measurement. Examples
of impulsive sound include but are not limited to gun shots, blasting
and hammering.
A site which is developed as a unit for two or more buildings
containing professional or business offices, light industrial and/or
research and development establishments in a campus environment utilizing
common means of access, parking and loading facilities and uniform
signage and may include other shared features.
Any vehicle which cannot be legally operated on the street
due to lack of current registration, lack of an engine, transmission,
wheels, tires, windshield or any other part or equipment necessary
to operate on public streets and/or highways.
Confining and caring for nondomestic animals for purposes
of recreation or food production for the resident family.
Any place, including a dwelling unit, in which six or more
dogs, cats, or other domesticated animals over six months are housed,
bred, boarded or sold. This term shall not include the routine keeping
of animals within a veterinary office/clinic while undergoing recuperation
or a permitted retail pet store.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Generally accepted outdoor farm animals (i.e., cows, goats,
horses, pigs, barnyard fowl, etc.), not to include cats, dogs and
other house pets.
An area of property on which activities are of such a nature
as to require continuous receiving and/or shipping of goods, such
area to be used exclusively for loading and not to interfere with
other vehicular or pedestrian circulation on the property.
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
A portion of a loading space or building not less than 10
feet in width by 30 feet in length by 14 feet in height for the temporary
use of one vehicle while loading or unloading merchandise or materials.
A designated lot of record, 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.
CORNER LOTA lot abutting on and at the intersection of two or more streets.
FLAG LOTA lot with access provided to the bulk of the lot by means of a narrow corridor.
INTERIOR LOTA lot other than a corner lot or flag lot.
THROUGH LOTA lot having its front and rear yards each abutting on a street as herein defined.
The total area within the boundary lines of a single lot.
No part of a lot which is also a part of a public street, road or
alley is included in determining the area of the lot.
The building area divided by the lot area expressed as a
percent.
The distance along a straight line drawn from the midpoint
of the front line to the midpoint of the rear lot line.
Any boundary of a lot.
FRONT LOT LINEThe street line at the front of a lot. In the case of a corner lot, the owner may designate either street line as the front lot line (OR can require two front lot lines OR can require Zoning Officer to determine front).
REAR LOT LINEThe line generally parallel to the front lot line, which defines the rear of the lot. A lot bounded by only three lot lines will not have a rear lot line.
SIDE LOT LINEAny lot line which is not a front lot line or a rear lot line.
A lot which has been duly recorded in the Office of the Recorder
of Deeds of Washington County either individually or as part of a
subdivision.
The horizontal distance between side lot lines measured along
the building setback line, unless otherwise specified, or in exceptional
cases, the average lot width for the entire depth of the property.
A notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
A factory-built, single-family structure manufactured or
constructed under authority of 42 U.S.C. § 5403, Federal
Manufactured Home Construction and Safety Standards, and is to be
used as a place for human habitation, but which is not constructed
with a permanent hitch or other device allowing it to be moved other
than for the purpose of moving to a permanent site and which does
not have permanently attached to its body or frame any wheels or axles.
A mobile home is not a manufactured home unless it has been converted
to real property and is taxed as a site-built dwelling. For the purpose
of this chapter, a manufactured home shall be considered the same
as any site-built, single-family detached dwelling.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials
and/or whereby the process involves the burning of fuels, dust, fumes,
harmful emissions and odors.
A use engaged in the manufacturing, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing.
A detached structure or other improvement built to store
manure for future use or disposal. Types of storage facilities are
as follows: underground storage, in-ground storage, earthen bank,
stacking area and aboveground storage.
A permanent structure projecting beyond a building wall at
an entrance to a building or extending along and projecting beyond
the buildings wall and generally designed and constructed to provide
protection against the weather.
A facility for which a permit has been issued by the Pennsylvania
Department of Health to dispense medical marijuana products.
A facility used to grow and/or convert marijuana to usable
marijuana and marijuana-infused products, owned by a person (including
a natural person, corporation, partnership, association, trust or
other entity or combination thereof) that holds a permit from the
Pennsylvania Department of Health to grow and process marijuana. The
term does not include a Health Care Medical Marijuana Organization
under Chapter 19 of the Medical Marijuana Act.[5]
A mining adjunct operation consisting of a structure and
appurtenant facilities to permit the introduction and removal of air
and other gases from underground coal mines.
All or any part of the process involved in the mining of
minerals by removing overburden and mining directly from the mineral
deposits, open pit mining or minerals naturally exposed, mining by
auger method, dredging and quarrying, underground mining, and surface
work incidental to an underground mine.
The use of one building for two or more purposes.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at 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.
(Note: May be converted to manufactured home.)
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
See "hotel/motel."
Any vehicle which is self-propelled by mechanical power,
or propelled by human power or electric power from overhead wires
or electrified rails, including, but not limited to, passenger cars,
trucks, truck-trailers, trains, semitrailers, campers, motorcycles,
minibikes, go-carts, snowmobiles and racing vehicles.
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
The Township of West Pike Run.
See "home-based business (no impact)."
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans or which endangers personal or real property.
See "recreation, noncommercial."
A lot, the area or dimension of which was allowed prior to
the adoption or amendment of this chapter, which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure, or part of a structure, manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter 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.
The 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 application of such ordinance or amendment, or its location
by reason of annexation.
Any opaque, transparent or semitransparent object or structure
which can cause a reduction of visibility.
A permit issued by the building code officials upon completion
of construction or alteration of a building or upon approval of a
change in occupancy or use of a building.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations of a business, profession, service, industry or
government.
The Zoning Map of the Township of West Pike Run.
The following definitions apply to land uses regulated by
the "West Pike Run Township Oil and Gas Development, Drilling and
Related Operations Ordinance of 2018":[6]
ACCESS ROADThe roadway used for ingress and egress from a Township or state road providing private access to an oil and gas development, drilling and/or related operations.
APPLICANTAn individual, corporation, or entity that fills out the application for oil and gas development, drilling and/or related operations.
CERTIFIED WATER STORAGE FACILITIESAn aboveground assembly of fluid storage containers that are each certified by a nationally recognized testing laboratory or organization such as the ASA, American Petroleum Institute (API), American Society for Testing and Materials International (ASTM), The American Society of Mechanical Engineers, and/or the American Water Works Association (AWWA) that are used to hold fresh water and/or reuse fresh water for use in oil and gas development, drilling and/or related operations.
CERTIFIED MODULAR LARGE VOLUME TANKS (MLVTs)For the purposes of this chapter, MLVTs include any aboveground, fully enclosed tank field assembled from multiple uniform, factory-prepared components which provide primary containment for 100,000 barrels or more of fluids. By this definition, MLVTs are typically field-assembled on an oil and gas location for temporary use (not to exceed one year) or are dismantled for movement to a different location following their use. This shall include MLVTs that meet AWWA standards or standards deemed to be acceptable by the Township for use in association with oil and gas development, drilling and/or related operations. These MLVTs are to service only the well pad applied for under Act 13 and are not to service multiple well pads.
COMPRESSORA device that raises the pressure of natural gas and/or by-products. Compressors are any devices that create a pressure differential to move or compress vapor or a gas. Any such device used alone or in series to adequately move a vapor or a gas is considered a compressor.
COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from a single well site, or a collection of well sites and/or to remove water or water vapor from the natural gas, which operates as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, processing plant, or underground storage field, including one or more natural gas, electric compressors, associated buildings, pipes (other than regulated or unregulated local distribution system(s), gathering system(s) or transportation lines served by the compressor station), valves, tanks and other equipment.
COMPRESSOR STATION FACILITY FOOTPRINTThe site and/or fenced compound which will be developed and constructed for use as a compressor station containing buildings, compressors and related equipment necessary for the operations as a compressor station for the transportation and treatment of gas that will be traveling through a pipeline network. This site shall not be used for the storage of pipeline equipment or construction trailers during normal operations.
CONVENTIONAL WELLA conventional gas well, also known as a "traditional well," is a well that produces oil or gas from a conventional formation. Conventional formations are variable in age, occurring both above and below the elk sandstone. While a limited number of such gas wells are capable of producing sufficient quantities of gas without stimulation by hydraulic fracturing, most conventional wells require this stimulation technique due to the reservoir characteristics in Pennsylvania. Stimulation of conventional wells, however, generally do not require the volume of fluids typically required for unconventional wells.
DEEP INJECTION WELL (CLASS II WELL)Wells used to inject fluids associated with the production of oil and natural gas or fluids and compounds used for enhanced hydrocarbon recovery. These wells normally inject below the deepest underground source of drinking water (USDW) except in cases where the USDW contains producible quantities of oil or gas and are defined as Class II Wells by the United States Environmental Protection Agency (EPA).
DRILLINGAny digging or boring activity of a new well or reworking of an existing well to explore, develop or produce oil, gas or other hydrocarbons, or to inject gas, water or any other fluids or substances into the earth.
EXPLORATIONTemporary geologic or geophysical activities such as drilling in context with the zoning definition in this chapter, including seismic surveys related to the search for natural gas and/or other subsurface hydrocarbons.
EXTRACTIONThe act or process of separating, obtaining or removing a substance, such as a mineral, including but not limited to coal, sulfur, petroleum, oil and/or gas, and including oil and gas development.
FLOWBACKThe process of flowing a completed/fractured well for the purposes of recovering water and residual sand from the gas stream prior to sending gas down a sales line.
FRESH WATERAny water obtained from a water purveyor or portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials. "Fresh water" does not include exploration and production fluids such as produced water, flowback fluids, or reuse water.
HYDRAULIC FRACTURINGThe process of injecting water, customized fluids, sand, steam, gas and/or other agents into a gas well under pressure to improve gas recovery.
IMPOUNDMENTA facility or part of a facility which is a natural topographic depression, man-made excavation or diked area formed primarily of earthen materials, although it may be lined with synthetic materials, and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids. The term includes holding, storage, settling and aeration pits, ponds and lagoons. The term does not include injection wells.
MINERAL EXTRACTIONAny extraction of any mineral for sale or other commercial purpose that involves removal of the surface of the earth or exposure of the mineral or subsurface of the earth to wind, rain, sun or other elements of nature. The term "mineral" includes, but is not limited to, anthracite and bituminous coal, lignite (including mining activities carried out beneath the surface of the earth by means of shafts, tunnels, other underground mine openings), limestone and dolomite, and gravel, rock, stone, earth, slag, ore, vermiculite, clay and/or other mineral resources.
NATURAL GAS LIQUIDS (NGL)Components of natural gas that are liquid at the surface of in-field facilities or in processing plants. Natural gas liquids can be classified according to their vapor pressures as low (condensate), intermediate (natural gasoline), and high (liquefied petroleum gas) vapor pressure. Natural gas liquids include ethane, propane, butane, pentane, hexane and heptane.
OCCUPIED STRUCTUREAny building, structure and/or related appurtenances to buildings and structures, or similar place adapted for overnight accommodation of persons and currently occupied/lived in by persons. This would also include structures, etc. for the purpose of carrying on business or other activity therein. Proof that said structure is not actually being occupied or used for the aforesaid purposes shall be required in order for the structure to not be considered occupied.
OIL AND GASCrude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other liquid hydrocarbons, constituents or similar substances that are produced by drilling an oil or gas well.
OIL AND GAS DEVELOPMENTThe well site preparation, well site construction, drilling, hydraulic fracturing and/or site restoration associated with an oil and/or gas well of any depth; water and other fluid storage, impoundment located on the same parcel as a well site; and the installment and use of all associated equipment, including but not limited to tanks, meters and other equipment and structures, whether permanent or temporary. This also includes the site preparation, construction, installation., maintenance and repair of other equipment and activities associated with the exploration for and production of oil and gas. This does not include oil and gas pipelines, compressor stations and/or natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities that are only authorized consistent with the Township Zoning Ordinance as a conditional use.
OIL AND GAS PIPELINESAll parts of those physical facilities regulated by federal, state or local agencies, such as Pipeline and Hazardous Materials Safety Administration (PHMSA), Pennsylvania Department of Environmental Protection (DEP), and/or the Federal Energy Regulatory Commission (FERC) through which oil and/or natural gas moves in transportation, including pipe, valves, and other appurtenances attached to pipes, compressor units, metering stations, regulator stations, delivery stations, holders, launcher/receiver stations and fabricated assemblies.
OPERATORAny person, partnership, company, corporation, and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for producing, development or transportation of oil or gas.
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)The Commonwealth of Pennsylvania agency responsible for overseeing and administering environmental laws and regulations within Pennsylvania.
PIPELINEAll parts of those physical facilities through which gas, hazardous liquids, fresh water, salt water, or chemicals move in transportation, including but not limited to pipe, valves and other appurtenance attached to pipe, whether or not laid in a public or private easement or a public or private right-of-way within the Township, including but not limited to gathering lines, production lines and transmission lines.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)The United States Department of Transportation that regulates the design and installation of pipelines.
PROCESSING PLANTA facility designed and constructed to remove any materials such as ethane, propane, butane, and/or other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas, including dew point control facilities. When used in this chapter, this term shall include any similar facilities performing the equivalent or similar functions.
PROTECTED STRUCTUREAny public or private hospital, school, adult day care, religious institution or other public building located within 1,000 feet of an oil and gas development site.
REENTRY DRILLINGThe act of reentering an approved oil and/or gas development to refrack, stimulate, etc. drilled wells and/or to drill additional wells, within the number of wells, that the site has been approved for. (Example: John Doe site is approved for eight wells and only four wells have been drilled. If the operator comes back to drill an additional four wells, this shall be considered reentry drilling.)
REENTRY-RELATED OPERATIONSThe conduct of any related operations at a Township-approved site that were not included in a previous approval (permitted or conditional).
RELATED OPERATIONSThe activities and operations that are ancillary to oil and gas drilling, such as processing plants, compressor stations, certified water storage, temporary work and bunk trailers, storage depots, traffic control sites and truck staging areas.
RESIDUAL WASTEResidual waste is nonhazardous industrial waste. It includes waste material (solid, liquid or gas), impaired fluids and flowback produced by industrial, mining and agricultural operations. It excludes certain coal mining wastes and wastes from normal farming activities.
REUSE/RESIDUAL WATER (WASTE WATER)Water which has been previously used for industrial, municipal, domestic or other purposes including those associated with fracking, drilling flowback, and/or other drilling-related activities, and cannot be returned to a surface water or groundwater source.
STORAGE DEPOTA permanent off-street facility designed as a point for collection and/or storage of materials, supplies, equipment and/or other solid by-products from oil and gas development.
TEMPORARY WATER PIPELINEA temporary pipeline in place for a reasonably limited period of time and typically located above ground and used to transport water to and from various oil and gas development, drilling and/or related operations. The Township reserves unto itself the unilateral right to determine if a temporary water pipeline may be placed in a Township right-of-way (ROW) and/or on Township property.
TRAFFIC CONTROL SITESAn area used as a stopping place or assembly point designed to accommodate trucks during their course of travel to an oil and gas development and intended to be used for four months or fewer during a twelve-month period. This definition does not include the transfer of loads to, from or between trucks.
TRUCK STAGING AREAAn off-street facility used for the transfer of loads to, from or between trucks for oil and gas development or a traffic control site.
UNCONVENTIONAL WELLA gas well that is drilled into an unconventional formation, which is defined as a geologic shale formation below the base of the elk sandstone or its geologic equivalent, where natural gas generally cannot be produced except by horizontal or vertical well bores stimulated by hydraulic fracturing. (e.g., Marcellus, Utica, Mandata, Huron, Rhinestreet, and Upper Devonian)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA)The Federal Agency designated to handle matters of environmental concern and/or issues.
WATER PURVEYORThe owner or operator of a public water system as defined in Section 3 of the Commonwealth of Pennsylvania Act of May 1, 1984 (P.L. 206, No. 43), known as the Pennsylvania Safe Drinking Water Act,[7] or any person subject to the Commonwealth of Pennsylvania
Act of June 24, 1939 (P.L. 842, No. 365), referred to as the Water
Rights Law.[8]
WELL PRODUCTION PADThe area of the limits of the surface of the perimeter used for drilling operations for oil and gas as shown on the site plan.
WELL SITEThe area of surface operations surrounding the surface location of a well or wells. The site can include facilities, structures, materials, water containment devices and equipment, whether permanent or temporary, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well. Such area shall not include an access road to the well site. The aforesaid items are only to be utilized for the specific well site and no other well site.
Common greens, parks, other recreation space or generally
open areas available to the public; or yards or other open areas provided
in connection with residential buildings occupied by more than two
families per lot which are intended for the sole use of the occupants
of such building and their guests. Land covered with impermeable surface,
except for recreation courts, such as basketball, is not open space.
Land devoted to such uses as agriculture, parks, playgrounds, playing
fields and other outdoor recreational uses, as well as all land covered
by woods, lakes, ponds, rivers or streams and open lands devoted to
public or community uses.
A lot of part thereof used for the storage or parking of
motor vehicles with or without the payment of rent or charges in money
or other consideration.
A stall or berth used for parking motor vehicles, which meets
the required length and width of this chapter, not including areas
of a street or alley.
Minimum requirements designed to minimize the impact of potentially
blighting conditions (i.e., noise, odor, smoke, toxic or noxious matter,
vibration, fire and explosive hazards, glare, heat, etc.) upon adjacent
properties in particular, and the environment in general.
Any activity which is expressly allowed to occur on a property
because of the property's location in a particular zoning district.
Provision of recurrently needed services of a personal nature,
including but not limited to, barber and beauty shops, seamstresses,
tailors, dry-cleaning agents (excluding large-scale bulk cleaning
plants), shoe repair shops, self-service laundries, photocopying and
photo-finishing services, and travel agencies.
Any premises where domestic animals are brought for temporary
care on site, where they may be groomed, trained, exercised, socialized
or provided with veterinary medical care, dentistry or surgery but
are not bred, sold or let for hire. Does not include animal boarding
(see "kennel"). Accessory uses may include the confinement of animals
for medical reasons, grooming or destruction.
Synagogues, churches, mosques, temples and similar buildings
used primarily for religious worship for more than 10 persons at a
time on a regular basis and that are operated for nonprofit and noncommercial
purposes. A place of worship may include up to two dwelling units
for religious staff-persons and their families. If a religious use
includes other residential uses, they shall meet the requirements
of such uses.
Any noise for which the information content of that noise
is unambiguously transferred to the listener, such as, but not limited
to, understanding of spoken speech, comprehension of whether a voice
is raised or normal, or comprehension of musical rhythms.
The Planning Commission of the Township of West Pike Run.
The structure containing the principal use or uses, whether
conforming to the requirements of this chapter or not and thus making
all other structures and uses on the property accessory.
A single primary or predominant use to which property may
be devoted and to which all other uses on the property are accessory.
Any facility or establishment limited to members of an organization
or other persona specifically invited or permitted where no advertisement
or inducement has been made to the general public.
A private club includes the following:
An establishment operated by an organization for fraternal,
sororal, social, recreational or educational purposes, but open only
to members and not the general public.
A nonprofit association of persons who are bona fide members
paying periodic dues, and which association owns, hires or leases
a building or lot or a portion of either or both, the use of which
is restricted to either or both, and use of which is restricted to
members and their guests.
A group of people organized for a common purpose to pursue common
goals, interests or activities and usually characterized by certain
membership qualifications, payment of fees and dues, regular meetings
and a constitution and by-laws.
A line forming the front, rear or sides of lots or parcels
of property as described in the recorded title.
Any building held, used or controlled exclusively for public
purposes by any department or branch of government, state, county
or municipal, without reference to the ownership of the building or
of the realty upon which it is situated. A building belonging to or
used by the public for the transaction of public or quasi-public business.
A formal meeting, held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment
prior to taking action in accordance with this chapter.
A forum held pursuant to notice under 65 Pa.C.S. Ch. 7, known as the "Sunshine Act."
A notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A parking lot made available to the public as a principal
use, regardless of ownership or whether a fee is charged.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used
by vehicular traffic or pedestrians, whether public or private, as
designated on documents of the Township of West Pike Run or other
records of a public nature (i.e., recorded plans and deeds).
A building or structure for a closely regulated enterprise
with a franchise for providing to the public a utility service deemed
necessary for the public health, safety, and welfare. Telephone, electric,
natural gas, water, and sewer companies are public utilities; however,
commercial wireless communications companies are not.
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of this chapter, a pure
tone shall exist if the 1/3 octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure
levels of the two contiguous 1/3 octave bands by five dB for center
frequencies of 500 Hz and above, by eight dB for center frequencies
between 160 Hz and 400 Hz, and by 15 dB for center frequencies less
than or equal to 125 Hz.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale and exclusive of the process
of grading a lot preparatory to the construction of a building for
which application for a building permit has been made.
Indoor or outdoor recreation facilities operated by a business
for profit and open to the general public for a fee. May include gyms
and fitness centers.
An enterprise owned and operated by a public or not-for-profit
entity, available to the general public, whether or not an admission
fee is charged, including either indoor or outdoor facilities for
the pursuit of sports, recreation or leisure activities, including,
but not limited to, parks, playgrounds, playing fields, golf courses,
golf or batting practice facilities, ice rinks, tennis courts, swimming
pools and similar facilities.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household for some productive reuse, but which does not involve the
actual processing or recycling of hazardous or toxic substances, and
which does not primarily involve the processing of nonrecycled solid
waste, unless the use also meets the applicable requirements for a
solid waste transfer facility. This definition shall not include a
junkyard.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, cousin,
sister-in-law, brother-in-law, or parent-in-law. This term specifically
shall not include relationships such as second, third, or more distant
cousins.
Any establishment, including laboratories, which carries
on investigation in the natural, physical or social sciences or engineering
and development as an extension of such investigation with the objective
of creating end products and which may include supporting storage
and transportation facilities.
Any establishment, however designated, at which food is prepared
and sold for consumption on or off the premises. However, a concession
stand at a public or a community playground, playfield, park or swimming
pool, operated by the same agency operating the recreational facilities,
and solely for the convenience of patrons of the facility, shall not
be deemed to be a restaurant.
An establishment whose primary activities involve the display
and sales of goods and products to the general public. This term shall
not include adult-related uses as defined herein.
A temporary structure intended to sell produce that was locally
grown on a farm located within the Township. The term produce shall
include fruits, vegetables, flowers, baked goods and similar items.
See "educational facility."
A structure containing separate storage spaces of varying
sizes leased or rented on an individual basis for the purpose of dead
storage (i.e., goods not in use and not associated with office, retail,
or other business use on the premises).
A distance prescribed for each zoning district established
by this chapter measured from any property line to a parallel line
within the property, describing the limit of construction on the property
and defining the required front, side and rear yards. The limit of
construction shall be defined as including any projections of the
structure, including sun parlors, foyers, bay windows, porches, decks,
projecting eaves, dormers, gutters, steps and any other solid projections
and solid entrances.
A facility designed for the collection, removal, treatment
and disposal of waterborne sewage generated within a given service
area.
Five or more retail stores that are separated primarily by
vertical walls and are in a complex designed as an integrated unit
served by common parking and service facilities, and which has architectural
and landscape unity. Such use may also include allowed offices, restaurants
and personal service uses.
A structure that is arranged, intended, designed or used
as an advertisement, announcement or direction, or a sign posted,
painted or placed in some fashion on a building, structure or any
surface for such a purpose. The area of the sign shall include the
support material from the bottom of the sign to and beyond the top
of the sign.
FRAME SIGN— A two-faced sign with supports that are connected at the top and separated at the base, forming a "A" shape not more than four feet high. These are also referred to as "sandwich board" signs. They are included in the term "portable sign."
ANIMATED SIGNAny sign that uses movement or change of lighting to depict action or create a special effect or scene.
AWNING SIGNSign appearing on a temporary hood or cover that projects from the wall of a building, and which can be retracted, folded or collapsed against the face of the supporting building.
BANNER SIGNA temporary sign of flexible material affixed to a framework or flat surface.
BLADE SIGNA lightweight, portable sign mounted along one edge on a single, vertical flexible pole, the physical structure of which may resemble a sail, bow or teardrop.
BILLBOARDA structure, building wall or other outdoor surface used to display lettered, pictorial, sculptured other matter which directs attention to any product, announcement, commodity or service offered only elsewhere than on the premises.
BUILDING SIGNAny sign attached to any part of a building, as contrasted to a freestanding sign.
CANOPY SIGNAny sign that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
CHANGEABLE COPY SIGNA sign or portion thereof with characters letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time-and-temperature portion of a sign and not a changeable copy sign for purposes of this chapter.
ELECTRONIC MESSAGE SIGNA sign with message copy or other display that is produced and periodically changed electronically or electrically that is attached to another sign, or to the support structure thereof.
FLAGA piece of cloth or similar material, typically oblong or square, attachable by one edge to a vertical pole or rope and used as a symbol or decoration; this includes pennants.
FREESTANDING SIGNAny sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
ILLUMINATED SIGNSigns which are illuminated by electrical, mechanical or other means, as well as those using luminous paint or reflectorized glass to reflect light. (Will need definition after sign ordinance is in place.)
INCIDENTAL SIGNA sign, generally informational, that has a purpose secondary to the use of the land use district lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the land use district lot on which the sign is located shall be considered incidental.
INTEGRAL ROOF SIGNAny sign erected or constructed as an essential part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six inches.
MARQUEE SIGNAny sign attached to, in any manner, or made a part of a marquee.
MINOR SIGNA wall or freestanding sign not exceeding four square foot in area, not exceeding four feet in height, and not illuminated.
MONUMENT SIGNA freestanding sign with a maximum height of six feet supported entirely by a base structure and not mounted on a pole or attached to any part of a building. Base to be constructed of materials used in the main structure. A monument sign shall be considered one sign though it may have two faces.
NEON SIGNA sign containing exposed tubes filled with light-emitting gas.
POLE SIGNA sign that is mounted on one or more freestanding poles.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
PROJECTING SIGNAny sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
RESIDENTIAL SIGNAny sign located in a district designated for residential use that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.
ROOF SIGNAny sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
TEMPORARY SIGNAny sign that is used only temporarily and is not permanently mounted.
VEHICLE OR TRAILER SIGNAny sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service or activity. Any such vehicle or trailer shall, without limitation, be considered to be used for the primary purpose of advertising if it fails to display current license plates, inspection sticker or municipal registration, if the vehicle is inoperable, if evidence of paid-to-date local taxes cannot be made available or if the sign alters the standard design of such vehicle or trailer.
WALL SIGNAny sign attached parallel to, but within six inches of, a wall or painted on the wall surface of, or erected and continued within the limits of an outside wall of any building or structures, which is supported by such wall or building, and which displays only one sign surface.
WINDOW SIGNAny sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window panes of glass and is visible from the exterior of the window.
An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy or heating requirements of the on-site user, or which
is to be sold to a utility company to be used by others, or sold directly
to other users. A solar energy system may be ground-mounted (i.e.,
placed on top of the ground surface) or roof-mounted (i.e., placed
on or as an integral part of a building).
Land or structures where solid waste is processed, incinerated
or disposed of. This shall only include the following facilities,
each of which shall be required to have all permits required by the
state in place prior to initiation of the use: sanitary landfill,
solid waste transfer facility or solid-waste-to-energy facility.
SANITARY LANDFILL or SOLID WASTE LANDFILLA type of solid waste disposal area involving the depositing of solid waste on land, compacting the waste, covering the waste with soil and then compacting the soil, and which has a permit to operate as a sanitary landfill from the state.
SOLID-WASTE-TO-ENERGY FACILITYA type of solid waste disposal facility that utilizes waste (such as trash, sludge or any other nonhazardous commercial, residential or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs.
SOLID WASTE TRANSFER FACILITYA type of solid waste disposal facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste.
A temporal and spatial oscillation in pressure, or other
physical quantity, in a medium with internal forces that causes compression
and rarefaction of that medium, and which propagates at finite speed
to distant points. The description of sound may include any characteristic
of such sound, including duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C as specified in American National Standards Institute specifications
for sound level meters (ANSI SI.4-1971), or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument, including a microphone, amplifier, RMS detector
and integrator, time averager, output meter and/or visual display
and weighting networks, that is sensitive to pressure fluctuations.
The instrument reads sound pressure level when properly calibrated.
The sound level meter used for testing purposes in accordance with
this chapter shall meet the current American National Standard Institute
specifications.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space due
to sound.
Permission or approval granted to an applicant pursuant to
this chapter to use land in a zoning district for a purpose so authorized
in the district. Uses permitted by special exception are specifically
stated herein and shall be permitted only under the terms, procedures
and conditions prescribed in this chapter. Special exceptions are
granted or denied by the Zoning Hearing Board in accordance with the
procedures set forth in this chapter and in the Municipalities Planning
Code.[9] The burden of proof in all requests for special exceptions
shall be upon the applicant to establish compliance with all requirements
of this chapter pertaining to the grant of a special exception and
all provisions applicable thereto.
The Commonwealth of Pennsylvania and its agencies.
Any device, fixed or movable, which is located or is being
used on geographically defined real property other than a public right-of-way.
Includes street, avenue, boulevard, road, highway, and freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
ARTERIAL STREETA public street which serves large volumes of high-speed and long-distance traffic. For purposes of this chapter, an arterial street shall include those classified as either a principal arterial or minor arterial by the U.S. Department of Transportation Federal Highway Administration (FHWA) and as shown on the most recent Federal Functional Class Washington County map.
COLLECTOR STREETA public street which, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial roads. A collector street shall include those classified as either an urban collector, rural major collector, or rural minor collector by the U.S. Department of Transportation Federal Highway Administration (FHWA) and as shown on the most recent Federal Functional Class Washington County map.
The center of the surveyed street right-of-way or, where
not surveyed, the center of the traveled cartway.
The line dividing a lot from the dedicated or legal right-of-way.
The street right-of-way line shall not be measured from the edge of
the improved cartway.
A type of open mining in which overburden is removed from
the mineral to be mined. The mineral is then dug out directly by shovels,
loaders, scrapers or by other means.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Structures and land used for the treatment of alcohol or
other drug abuse where neither meals nor lodging is provided. Includes
clinics, institutions and other entities designed and operated to
manage opioid addiction, to administer opioid addiction treatment
programs and to provide detox treatment to individuals attempting
to overcome an addiction to or dependence on heroin or other opioids.
(Inpatient treatment may classify as "dwelling, transitional.")
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
A structure(s) or tent(s), temporary or permanent, located
on farms that is used for housing temporary or seasonal farm labor.
The temporary use of land (with or without temporary buildings
or structures) for a purpose which is related to construction, sales
or special events.
An outdoor or indoor area, building, part of a building,
structure or defined area used primarily for rehearsal or research
and development related to the presentation of film, television, music
video, multimedia or other related activities that in the opinion
of the Zoning Officer are similar. Such areas may or may not be open
to the general public.
The Township of West Pike Run, Washington County, Pa.
A vehicle designed to be pulled by another vehicle for on-street
use, and that is part of a tractor-trailer combination or that is
used to transport excavating equipment, boats or similar items.
Any premises used by a motor freight company as a carrier
of goods, which is the origin or destination point of goods being
transported, for the purpose of storing, transferring, loading and
unloading goods.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
ACCESSORY USEA subordinate use customarily incidental to and located upon the same lot occupied by the principal use.
PRINCIPAL USEThe primary or dominant use.
The permission granted for an adjustment pursuant to the
provisions and criteria of this chapter and the Municipalities Planning
Code[10] to some regulation which if strictly adhered to would
result in unnecessary hardship, and where the permission granted would
not be contrary to the public interest and would maintain the spirit
and intent of this chapter. Variances are granted or denied by the
Zoning Hearing Board following a public hearing held in accordance
with this chapter and the Municipalities Planning Code.
See "pet services."
A building used primarily for the storage and distribution
of goods, merchandise, supplies, and equipment including wholesalers
which display, sell, and distribute merchandise to business representatives
for resale.
An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers; to industrial,
commercial, institutional, or professional business users, or to other
wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies. This
is not considered a general commercial use.
Equipment, machinery and structures utilized in connection
with the conversion of kinetic energy of wind into electrical power
with a rated output of electrical power production equipment of greater
than 100 kW/0.1 MW.
All equipment, machinery and structures utilized in connection
with the conversion of kinetic energy of wind into electrical power.
This includes, but is not limited to, storage, electrical collection
and supply equipment, transformers, service and access roads, and
one or more wind turbines, which have a total rated nameplate capacity
of not more than 100 kW/0.1 MW.
Any open space located on the same lot with a principal building
situated between the nearest roofed portion of the principal buildings
and a lot line.
The Zoning Hearing Board of the Township of West Pike Run.
The duly constituted municipal official designated to administer
and enforce the Zoning Ordinance of the Township of West Pike Run.
A permit stating that a structure and/or the proposed use
of a building and/or land is in conformity with all applicable zoning
regulations, to the best knowledge of the staff. The Township may
utilize a separate zoning permit or may have the applicable portions
of a permit serve the purposes of a zoning permit.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5502.
[2]
Editor's Note: See now Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq.
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: See 35 P.S. § 10231.1901 et seq.
[6]
Editor's Note: The provisions of said ordinance have been incorporated into Article 7, Specific Use Regulations.
[7]
Editor's Note: See 35 P.S. § 721.3.
[8]
Editor's Note: See 32 P.S. § 631 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
