(a) Interpretation of Language. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Zoning Code to have the meaning indicated herein. Words used in the present tense include the future. The singular shall include the plural, and the plural shall include the singular. The word “building’ includes the word “structure.” The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for” or “occupied for.” The word “person” includes an individual, corporation, partnership, incorporated association or any other similar entity. The word “includes” or “including’ shall not limit the term to the specified examples but is intended to extend its meaning to all other instances of like kind and character. The words “shall” and “will” are mandatory and not discretionary, and the word “may” is permissive. Terms not defined herein shall have the meaning customarily assigned to them.
(b) Definition of Terms.
(1)
A structure detached from a principal building on the same lot and incidental and subordinate to the principal building or use.
(2) ACCESSORY USE
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
(3) ADULT DAY CARE CENTER
A facility in which out-of-home care is provided to four or more elderly or disabled adults for less than a twenty-four hour period per day, excluding care provided by relatives.
(4) AGE-RESTRICTED FACILITIES (HOUSING)
Facilities or residences restricted to heads of households age 55 or over and with no children under age 18 residing on a permanent basis.
(5) AVERAGE GROSS RESIDENTIAL DENSITY
The total number of dwelling units in a planned residential development (PRD), divided by the gross acreage of the tract as reduced by any areas to be devoted to commercial use.
(6) BASEMENT
An enclosed area partly or completely below grade. A basement shall be considered a story for the purpose of height measurement if the basement ceiling is five feet or more above the average grade level around the building.
(7) BUFFER AREA
A strip of land in which no parking areas, driveways or structures are permitted adjacent to the extending lot line to establish a separation between incompatible uses.
(8) BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
(9) BUILDING COVERAGE
The ratio obtained by dividing the round floor area of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located.
(10)
The vertical distance measured from the average level of the ground surrounding the structure to the highest point of the roof for flat roofs and to the ridge for gable, hip, and gambrel roofs; provided that chimneys, spires, towers, mechanical penthouses, tanks, antennas and similar projections of the building not intended for human occupancy shall not be included in calculating the height.
(11) BUILDING LINE
A line parallel to the street right-of-way line at a distance there from equal to the depth of the front yard required for the district in which the lot is located.
(12) CHARITABLE OR NONPROFIT ORGANIZATION
A group organized for lawful purposes, other than generating a profit, such as charitable, educational, political, social, trade, cultural, scientific, professional or any similar organization.
(13) COLLECTION FACILITY, LARGE
A facility for the collection of paper, glass, aluminum or other officially designated recyclable materials. Such facility shall be larger than 500 square feet, located permanently on its own site, and have the capacity for aggregating and storing large amounts of material on site in preparation for shipping to the processing facility. Little or no power driven processing equipment is to be used on site.
(14)
A facility for the collection of paper, glass, aluminum or other officially designated recyclable materials. Such facility shall have an area of not more than 500 square feet and shall be located either temporarily or permanently on the same lot with a principal or host use. No power-driven processing equipment is to be used on site. A permit from the Township shall be required prior to the establishment and operation of such facility.
(15)
A parcel or parcels of land or an area of water, or a combination of land and water within a land development or a subdivision, designed and intended for the use or enjoyment of residents or occupants thereof, not including streets, off-street parking areas and areas set aside for public facilities.
(16) COMMUNITY RESIDENCE FACILITY, FAMILY-BASED
A residential facility licensed by the appropriate agency and used as living quarters by persons requiring special care and by their adult supervisors. A family-based community residence facility is specifically designed to create a residential environment for the following types of individuals: developmentally disabled, mentally ill, physically handicapped, elderly, dependent children or similar types of individuals who are unable to live without supervision. This definition does not include facilities for the mentally retarded.
(16.1) COMMUNITY RESIDENCE FACILITY, HANDICAPPED
Community Residence Facility,
Handicapped shall mean a residential facility, licensed by the appropriate
agency, that provides a shared residential living arrangement that provides a
family type living arrangement for up to and including four (4) handicapped
persons, supervised by one or more primary care givers. As used in this section,
the term "handicapped" shall be the equivalent to the term as defined
by the Fair Housing Amendments Act of 1988, as amended.
(17) COMMUNITY RESIDENCE FACILITY, MENTALLY RETARDED
A residential facility licensed by the appropriate agency and used as living quarters by persons requiring special care and by their adult supervisors. A community residence facility for the mentally retarded is specifically designed to create a residential environment for the mentally retarded.
(17.1) COMMUNITY RESIDENCE FACILITY
Community
Residence Facility shall mean a residential facility, licensed by the
appropriate agency, that provides a shared residential living arrangement that
provides a family type living arrangement for up to and including four (4)
unrelated persons, supervised by one or more primary care givers. This use does
not include facilities that negotiate sleeping arrangements on a daily basis.
(1
8) CONDITIONAL USE
A use permitted in a particular zoning district only upon showing that such use in a specific location will comply with all the conditions and standards for the location or operation of such use as specified in this Ordinance and authorized by the Board of Commissioners.
(1
9) CONTINUING CARE FACILITY
A planned residential development intended for individuals or couples in which at least one occupant is sixty (60) years of age or older. The continuing care facility for the elderly shall be distinguished from other forms of residential development by the fact that it shall provide skilled nursing for the residents as an integral part of the development and shall comply with the provisions of Section 1290.06.
1991 Replacement
(
20) CONVENIENCE STORE
A one-story, retail store containing less than
6,500 square feet of gross floor area, with or without gasoline dispensing stations, being open fifteen to twenty-four hours per day. It is designed to attract and depends upon a large volume of stop-and-go traffic. Examples of convenience stores are those operated by the “Wawa” and “7-11” chains.(Revised via Ord. 819 Passed 11-15-04)
(2
1) CONVERSION
A change in the use of a building. For example, the change of a single-family dwelling to a multi-family dwelling or change of a retail use to office use. Such change may be accomplished without subdivision or the introduction of a new owner. Where the use and dimensional regulations of this Zoning Code permit, such conversion may be accomplished by appropriate alteration upon the issuance of the necessary permits.
(2
2) DESIGNATED FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in Chapter 1286 as being inundated primarily by the 100-year flood. Included are areas identified as the Floodway District (FW), the Flood-Fringe District (FF) and the General Floodplain District (FA).
(2
3) DENSITY
Unless otherwise stipulated in this Zoning Code, the term “density” shall mean the maximum number of dwelling units per gross acre.
(2
4) DEVELOPER
Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision, land development or any other development.
(2
5) DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures; the placement of mobile homes; streets and other paving; utilities; mining; dredging, filling, grading, excavation or drilling operations; and the subdivision of land,
(2
6) DORMITORYA building that contains dwelling rooms that provide sleeping and living accommodations solely for students enrolled at a college or university, and members of its faculty or staff, provided that the dormitory is owned or managed by the college or university where the students are enrolled, or in the case of a college or university owned or operated by a governmental unit, the dormitory is owned or operated, or both, by an entity that was formed to promote the interests of, and is operated for the benefit of, that college or university.
(27) DWELLING
A building designed and constructed for residential use.
(28) DWELLING, GARDEN APARTMENT
A multiple-family dwelling of two stories in height designed for rental or condominium ownership of each housekeeping unit.
(29) DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE)
A single-family dwelling within a building with not less than four or more than six attached dwellings. Each dwelling has at least one party wall in common with other dwellings in the same row; a townhouse. (Ord. 662. Passed 2-21-90.)
(30) DWELLING, SINGLE-FAMILY DETACHED
A building designed for and occupied exclusively as a residence for only one family, with yards on all sides of the dwelling, containing one dwelling unit and only one dwelling unit.
(Ord. 681. Passed 8-21-91.)
(31) DWELLING, SINGLE-FAMILY SEMI-DETACHED (TWIN)
Two dwelling units, each accommodating one family, which are attached side by side by means of a party wall, with each dwelling unit having only one side yard.
(32) DWELLING, TWO-FAMILY DETACHED (DUPLEX)
Two dwelling units, each accommodating one family, which are located one over the other, with the building having two side yards.
(33) DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
(34) FLOOD
A temporary inundation of normally dry land areas.
(35) FLOODPLAIN
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; and/or an area subject to the unusual and rapid accumulation or run-off of surface waters from any source.
1992 Replacement
(36) FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six (6) feet, Gross floor area also includes but is not limited to the following:
A. Basement space, if it meets the requirements of a building story as defined herein.
B. Elevator shaft, stairwell and attic space providing headroom of six feet or more.
C. The floor areas of roofed terraces, exterior balconies, breezeways or porches where aver fifty percent of the perimeter is enclosed.
D. Any floor space used for dwelling purposes no matter where located within a building.
E. The floor areas of commercial outdoor decks, patios
and non-enclosed areas. Said area shall be included when calculating the parking
requirements of this Ordinance.
(37) FLOOR AREA, NET
The total of all floor areas of a building, excluding stairwells and elevator shafts, corridors, vestibules, toilet rooms, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for other than storage or mechanical purposes.
(38) FREE-STANDING BUILDING
Any building located within a development site which is separate from any group or cluster development on such site and which shall comply with the regulations of the district in which it is located.
(39) GROUP DAY CARE
A facility providing care, supervision, and organized educational and recreational activities for more than sixteen children under the age of sixteen. This facility shall be located in a building or establishment designed or intended for day care or in a church or school as an accessory use. The hours of operation shall be less than a twenty-four hour period per day. All group day care facilities are required to have approval or licensure as specified by the Pennsylvania Department of Public Welfare.
(40) HOME-BASED DAY CARE
A facility located in a single-family dwelling which provides care and supervision for no more than six children at any one time within a twenty-four hour period. Any individual operating a home based day care facility is required to have a registration certificate issued by the Pennsylvania Department of Public Welfare.
(41) HOMEOWNERS ASSOCIATION
A nonprofit organization comprised of homeowners or property owners, planned and operated under approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned property and facilities.
(42) HOME OCCUPATION, MAJOR
Any lawful occupation or profession conducted in a dwelling and involving no more than ten commercial visits per day. Typical home occupations include, but are not limited to: art studio, professional office of a physician, dentist, attorney, accountant, engineer and architect. Major home occupation shall not be interpreted to include barber shops, beauty shops or hair stylists.
(43) HOME OCCUPATION, MINOR
Any lawful occupation or profession conducted in a dwelling, in which no persons other than the members of the resident family are engaged, which has no visible exterior evidence of the occupation, which does not create a need for off-street parking beyond the normal dwelling needs, and in which no equipment is used other than that normally used in household, domestic, or general office use.
(44) IMPERVIOUS COVERAGE
The coverage of the lot area or tract area by materials that prevent the percolation of water into the soil and generate stormwater runoff, such as buildings, streets, parking areas, driveways and any other similar surfaces.
(45) INDUSTRIAL PARK
A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
1991 Replacement
(46) INTERMEDIATE DAY CARE
A facility providing care and supervision for seven to fifteen children under the age of sixteen. This facility may be located either in a single-family detached dwelling, a building or establishment designed or intended for day care with no live-in persons, or in a church or school as an accessory use. The hours of operation shall be less than a twenty-four hour period per day. All intermediate day care facilities are required to have approval or licensure as specified by the Pennsylvania Department of Public Welfare.
(47) LANDSCAPED PLANTING AREA
An area landscaped with grass, ground cover, shrubs or similar plantings placed where required by this Zoning Code and permanently maintained.
(48) LOADING SPACE
A paved accommodation off the street for loading and unloading of trucks in the form of one or more truck berths located either within or outside a building on the same lot. The area of each berth shall be not less than 600 square feet and it shall have a minimum clearance height, including access to it from the street, of fourteen feet.
(49) LOT
A parcel of land which is or may be occupied by a building and/or accessory structure or use, including open spaces and setbacks as are required within the district in which the lot is located.
(50) LOT AREA
The total horizontal area within the lot lines of a lot.
(51) LOT, CORNER
A lot bounded by streets on at least two sides. Both yards adjacent to streets shall be considered front yards.
(52) LOT DEPTH
The distance along a straight line measured from the midpoint of the front lot line to the midpoint of the rear lot line.
(53) LOT LINE
A line of public record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
(54) LOT LINE, FRONT
The line separating the lot from the street right-of-way.
(Ord. 662. Passed 2-21-90.)
(55) LOT LINE, REAR
Any lot line, except the front lot line which is parallel to, or within forty-five degrees of being parallel to, and does not intersect, any street line, except with respect to corner lots. (Ord. 687. Passed 11-20-91.)
(56) LOT LINE, SIDE
Any lot line which is not a front or rear lot line.
(57) LOT, MINIMUM AREA OF
The smallest lot area established by this Zoning Code on which a use or structure may be located in a particular district.
(58) LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.
(59) LOWEST FLOOR
The lowest floor of the lowest enclosed area (including the basement).
(60) MANUFACTURED HOME (See also MOBILE HOME PARK)
In addition to the mobile home definition, the term “manufactured home” includes park trailers, travel trailers and other similar vehicles placed on a site for more than 180 consecutive days, as defined in the National Flood Insurance Program.
(61) MANUFACTURED HOME PARK (See MOBILE HOME PARK)
(62) 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 again of 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 with or without a permanent foundation. This definition is in accordance with the Pennsylvania Municipalities Planning Code.
1992 Replacement
(63) MOBILE HOME LOT
A parcel of land improved with the necessary utility connections and other appurtenances necessary for the placement thereon of a single mobile home.
(64) MOBILE HOME PARK
A parcel or parcels of land, at least ten acres, under single or separate ownership, which has been planned and improved for the placement of mobile homes for non-transient use, consisting of two or more mobile home lots.
(65) NONCONFORMING BUILDING OR STRUCTURE
A building or structure which does not comply with the provisions of this Zoning Code, as amended, where such building or structure lawfully existed prior to the effective date of this Zoning Code or amendments thereafter.
(66) NONCONFORMING LOT
Any lawful lot which does not conform to one or more of the applicable provisions of the district in which it is located either on the effective date of this Zoning Code or amendments thereafter.
(67) NONCONFORMING USE
A use, whether of land or of a structure, which does not comply with the applicable provisions of this Zoning Code, where such use was lawfully in existence prior to the effective date of this Zoning Code or amendments thereafter.
(68) ONE HUNDRED YEAR FLOOD
A flood that on the average is likely to occur once every 100 years, i.e., that has a one percent chance of occurring each year, although the flood may occur in any year.
(69) OPEN SPACE (See COMMON OPEN SPACE)
(70) PARKING SPACE
A reasonably level space, having a surface slope not exceeding five
percent, available for parking of one motor vehicle, no less than nine
feet wide and eighteen feet long, and having an area of not less than
162 square feet exclusive of passageways, driveways, or other means
of circulation or access.
1991 Replacement
(71) PERMIT
Written municipal permission issued by the appropriate local official empowering the holder thereof to do some act not forbidden by law, but not permitted without such authorization.
(72) PLANNED RESIDENTIAL DEVELOPMENT
A contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which must comply with the lot size, bulk or type of dwelling, density, lot coverage, required open space and other provisions of Chapter 1270 of this Zoning Code.
(73) PLANTED BUFFER
A strip of evergreen plantings or a mix of both evergreen and deciduous plantings which, at time of planting, are of the minimum height required by this Zoning Code. Such plantings shall be spaced at not more than fifteen-foot intervals. The planted buffer is intended to provide visual beauty, reduce noise and dust and provide a partial visual screen. Such buffers shall be permanently maintained.
(74) PLANTED VISUAL SCREEN
A strip of evergreen plantings adjacent to the boundary of a property which, at time of planting, are of the minimum height required by this Zoning Code and which shall be of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist of dense evergreens which shall be planted not farther than eight feet from one another. Such screens shall be permanently maintained.
(75) PRINCIPAL BUILDING OR USE
A building or use which is the primary building or use on a lot as distinguished from a building or buildings relating to an accessory, incidental or subordinate use. The primary purpose for which land, a building, or a structure or the use thereof is designed, arranged or intended.
(76) PROCESSING FACILITY
A facility used for the collection and processing of officially designated recyclable materials. Processing is the preparation of material for efficient shipment or to the end-user’s specifications. Such facility shall have an area large enough to accommodate collection and processing machinery and storage area, along with ample loading and unloading areas.
(77) RECREATION AREA
A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.
(78) REGULATORY FLOOD ELEVATION
The 100-year flood elevation plus a freeboard safety factor of one and one half feet.
(79) RIGHT OF WAY (ROW)
Land acquired by reservation, dedication, prescription, condemnation or other legal manner and occupied or intended to be occupied by a street, crosswalk, electric transmission line, oil or gas pipeline, water line, watercourse or similar uses.
(80) RIGHT-OF-WAY LINE
The line that forms the boundaries of a right-of-way.
(81) SETBACK
The minimum distance from the street right-of-way line or any other lot line that establishes the area, commonly known as the “building envelope,” within which the principal structure must be erected or placed.
(82) SHOPPING CENTER
A group of commercial establishments planned, constructed and managed as a total entity, including both attached buildings and freestanding buildings with customer and employee parking provided on-site.
(83) SIGN
Any object, device, display or illustration which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, numbers, or symbols.
(84) SIGN, ACCESSORY USE
Signs which identify home occupations.
(85)
A sign which has its letters or design applied to cloth, canvas or other flexible material which is durable and weather-resistant.
(86) SIGN AREA
The entire face of a sign including the advertising surface and any framing, trim or molding, but not including the supporting structure.
(87) SIGN, CURB OR SIDEWALK
A movable sign which is not secured or attached permanently to the ground.
(88) SIGN, DIRECTIONAL