§ 22-802. Definitions.
   ABANDONED - the apparent discontinuance of a non-conforming use of a building or premises or the removal of the characteristic equipment or furnishing used in the performance of a non-conforming use without its replacement or the replacement of the non-conforming use or structure.
   ACCESS DRIVE - a durable, all-weather surfaced means, other than a street, which provides vehicular access from a street or public road to a lot; e.g., a driveway.
   ACCESSORY USE OR STRUCTURE - a use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
   ALTERATION - any major change in or addition to a structure.
   AMENDMENT - a change in use in a district which includes revisions to the zoning text and/or the official zoning map; and the authority for any amendment lies solely with the Township Board of Supervisors.
   AMUSEMENT USES - activities operated as a business for profit, open to the public, for the purpose of providing entertainment, including but not limited to bowling alleys, roller skating rinks, motion picture theaters, health clubs and similar types of establishments but excluding adult entertainment facilities.
   APPLICANT - a landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
   APPLICATION FOR DEVELOPMENT - every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plan or a development plan.
   APPOINTING AUTHORITY - the Board of Supervisors.
   AUTHORITY - a body politic and corporate created pursuant to 53 Pa. C.S. §§ 5601 et seq., known as the “Municipality Authorities Act of 1945.”
   BOARD - the Zoning Hearing Board of Lamar Township.
   BUFFER - a buffer, or screen, is an open space of vegetation and/or fencing which acts as a transition area and partial barrier between differing land uses, as specified in § 22-411 of this Chapter.
   BUFFER YARD - an area of existing or newly-planted trees located between differing or incongruous land uses and whose width is at least 50 feet, as specified in § 22-411(6) of this Chapter.
   COMMON OPEN SPACE - a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
   CONDITIONAL USE - a use permitted in certain districts, as provided for in Part 2, of the Township Zoning Ordinance [Chapter 27] which may only be authorized by the Township Supervisors as set forth in Part 11 of the Township Zoning Ordinance [Chapter 27].
   DENSITY, GROSS - the total number of dwelling units per acre in a development divided by the total site area in acres.
   DEVELOPER - any landowner, agent of such landowner or tenant, with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
   DEVELOPMENT - any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving or excavation.
   DEVELOPMENT PLAN - the provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, easements, parking facilities, common open space and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.
   DWELLING - any building or shelter designed for or occupied exclusively as the residence or sleeping place of one or more persons, as:
   DWELLING, MULTI-FAMILY - a building designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
   DWELLING, SEASONAL - a dwelling intended for occupancy only occasionally during the year, including dwellings intended for summer or winter recreational use such as cottages, hunting cabins and mobile homes.
   DWELLING, SINGLE-FAMILY ATTACHED - a building designed and occupied exclusively as a residence for one family and having a party wall on each side in common with an adjacent dwelling; i.e., a townhouse.
   DWELLING, SINGLE-FAMILY DETACHED - a detached building designed for or occupied exclusively by one family.
   DWELLING UNIT - one or more rooms containing a kitchen or kitchenette and sanitary facilities in a dwelling structure, designed as a unit for occupancy by one family for living and sleeping purposes. Travel trailers, recreation vehicles and similar facilities for transient lodging shall not be considered as dwelling units.
   EASEMENT - a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
   ENCROACHMENT - a structure or activity which changes, expands or diminishes the course, current or cross-section of a watercourse, floodway or body of water. Any development within 50 feet of waterways or wetlands and requiring a permit from DEP and the US Army Corps of Engineers. [Ord. 12/10/2001]
   ENCLOSED USE - a use which is located entirely within a structure.
   FAMILY - one person or two or more persons related by blood, foster relationship, marriage or adoption and in addition, any domestic servants or gratuitous guests thereof. A roomer or boarder shall not be considered a member of the family.
   FILTER STRIP - an existing or new buffer of vegetation along a stream, pond, lake or sinkhole, which serves to remove sediment and other pollutants from runoff thereby protecting water quality. It can take the form of an existing hedgerow, uncultivated field or newly established grass.
   FLOOD - a temporary inundation of normally dry land areas.
   FLOOD INSURANCE RATE MAP (FIRM) - an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated the 100 year floodplain and the special and risk premium zones applicable to the community.
   FLOOD FRINGE - that portion of the 100 year floodplain outside the floodway.
   FLOOD, 100 YEAR - a flood that on the average is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
   FLOODPLAIN- a relatively flat or lowland area adjoining a river, stream or watercourse which is subject to partial or complete inundation or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
   FLOODPROOFING- any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage. (See Lamar Floodplain Ordinance [Chapter 8].)
   FLOODWAY - the channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the 100 year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100 year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
   FLOOR AREA - for the purposes of applying the requirements for offstreet parking and loading, "floor area" in the case of office, merchandising or service type uses, shall mean the gross floor area used by tenants, or for service to the public or clients, including areas occupied by fixtures or equipment used for display or sales of merchandise. (See also "habitable floor area.")
   GOVERNING BODY - Lamar Township Board of Supervisors.
   GROUP HOME - a residential facility for mentally retarded or mentally ill individuals not related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single housekeeping unit and licensed by the County or State.
   GROUP QUARTERS - a dwelling that houses unrelated individuals.
   HABITABLE FLOOR AREA - any floor area within a dwelling unit that is usable for living purposes, including area for working, sleeping, eating, cooking and recreation or a combination thereof. Floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area.
   HEIGHT OF BUILDING - the vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys or similar projections.
   HIGH DENSITY DEVELOPMENT - the establishment of four or more permanent dwelling units per acre.
   HUD CODE - manufactured home construction and safety standards enacted by the U.S. Department of Housing and Urban Development in 1976. A uniform construction code which classifies mobile homes as manufactured homes. The HUD Code preempts State and local building regulations.
   INDUSTRIAL PARK - a tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets with utility services, setbacks, side yards, landscaped yards and covenants controlling the architecture and uses.
   JUNK - any used or discarded material including, but not limited to, waste paper, rags, metal, glass, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.
   JUNKYARD - an area of land, with or without buildings, used for storage, collection and/or sale of used or discarded materials, including junk as defined above, with or without dismantling, processing, salvage, sale or other use or disposition. Storage of two or more abandoned motor vehicles or the major parts thereof, for a period exceeding 120 days, shall be deemed a junkyard and must be licensed by the Township.
   JUNKED or ABANDONED VEHICLE - an unlicensed and uninspected vehicle which has been abandoned or not moved for 6 months.
   LAND DEVELOPMENT - any of the following activities:
      A.   The improvement of one or more contiguous lots or tracts of land for any purpose involving:
         (1)   Two or more residential or nonresidential buildings (whether proposed initially or cumulatively) or a single nonresidential building on a lot regardless of the number of occupants or tenure.
         (2)   The allocation of land or space (whether initially or cumulatively) among two or more existing or prospective occupants for streets, common areas, leaseholds, condominiums, buildings, mobile homes or other features.
      B.   A subdivision of land.
      A.   The conversion of an existing single-family detached dwelling into not more than three residential units, unless they are intended to be a condominium.
      B.   The addition of any accessory building, including farm buildings, subordinate to an existing principal building.
      C.   The addition or conversion of buildings or rides within an amusement park. An amusement park is defined as a permanent area used principally for amusement structures or rides.
   LANDOWNER - the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.
   LIGHT MANUFACTURING - a manufacturing or industrial operation that produces a negligible amount of noise, smoke, odor, dust, vibration or glare as a result of operation of the activity.
   LOGGING - the act of cutting trees for cord wood, for timber, for pulp or for any commercial purpose, excepting therefrom a person cutting on his own property or the property of another, with his permission, for his own or his family's use, the clearing of less than 1 acre for development of building sites, or the clearing for farm operations, if there is no altering of natural drainage courses.
   LOT - a designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
   LOT AREA - the computed area contained within the lot lines, excluding any street right-of-way.
   LOT DEPTH - the distance measured from the front lot line to the rear lot line.
   LOT FRONTAGE - the length of the front lot line measured at the street right-ofway.
   LOT LINE - a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
   LOT OF RECORD - any lot which individually or as part of a subdivision has been recorded in the office of the Clinton County Recorder of Deeds.
   MANUFACTURED and MOBILE HOME SALES - an area, including a building, used primarily for the display or sale of manufactured and/or mobile homes and where mechanical repairs and body work may be conducted as an accessory use incidental to the primary use.
   MANUFACTURED HOME - a factory-built residential dwelling unit certified as built in compliance with the HUD Code. It is transportable in one or more sections, which in the traveling mode is S body feet or more in width or 40 body feet or more in length; or when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a year-round dwelling with a permanent foundation and connected to the required utilities.
   MANUFACTURING - the act of producing, preparing or assembling finished products or goods from raw materials or components parts through the repetitious use of an established or set process.
   MARKET VALUE - the fair market price of a structure or property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are willing to do business.
   MEDIATION - a voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
   MINOR LAND DEVELOPMENT - development involving no new streets and no extension of public water or sewer and which consists of either a single nonresidential building of less than 2,000 square feet or the placement of two single family dwellings on a single lot.
   MINOR SUBDIVISION - a subdivision of land of three or fewer new lots involving no new street and no extension of sewer and water facilities.
   MOBILE HOME - a single-family, transportable, factory-built home used as a year-round dwelling and built prior to enactment of the HUD Code on June 15, 1976 (See HUD Code)
   MOBILE HOME LOT - a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances for a single mobile home.
   MOBILE HOME PARK - a parcel of land which has been so designated and improved that it contains two or more mobile home lots. A mobile home park is the same as a manufactured home park if the units were built after 1976, were certified by the HUD Code and lot parcels are rented.
   MODULAR HOUSING - housing units designed and manufactured in two or more standard sections, which are shipped and joined into one integral unit on the site.
   MUNICIPAL AUTHORITY - a body politic and corporate created pursuant to 53 Pa. C.S. §§ 5601 et seq., known as the “Municipality Authorities Act of 1945.”
   MUNICIPAL ENGINEER - a professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Township Engineer.
   MUNICIPALITY - any city of the second class A or third class, borough, incorporated town, township of the first or second class, county of the second class A through eighth class, home rule municipality or any similar general purpose unit of government which shall hereafter be created by the General Assembly.
   NEW CONSTRUCTION-the construction, reconstruction, renovation, repair, extension, expansion, alteration, location or relocation of a building (including mobile homes), structure, and/or improvements (such as street utilities, etc.)
   NONCONFORMING LOT - a lot the area or dimension of which was lawful prior to the adoption or amendment of the Zoning Ordinance [Chapter 27], but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
   NONCONFORMING STRUCTURE - a structure or part of a structure not in compliance with the Zoning Ordinance [Chapter 27], but where such structure lawfully existed prior to the enactment of the Ordinance [Chapter 27]. Such nonconforming structures include nonconforming signs.
   NONCONFORMING USE - a use which does not comply with the provisions in the Zoning Ordinance [Chapter 27] but was lawfully in existence prior to the enactment of such ordinance.
   OBSTRUCTION - any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of water, either in itself or by catching or collecting debris carried downstream to the damage of life or property.
   OPEN SPACE - any parcel or designated land area in its natural state or essentially unencumbered by either principal or accessory uses, buildings, structures or impervious surfaces.
   PLANNED RESIDENTIAL DEVELOPMENT (PRD) - an 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 does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of a municipal zoning ordinance.
   PLANNING COMMISSION - the Planning Commission of Lamar Township.
   PLAT - a map, plan or layout showing the subdivision of land and indicating the location and boundaries of individual properties.
   PREMISES - any lot, parcel or tracts of land and any building constructed thereon. PRINCIPAL BUILDING - a structure in which the principal use of the site is conducted. PRINCIPAL USE - the primary purpose(s) for which a lot is occupied.
   PRINCIPALLY ABOVE GROUND - at least 51% of the actual cash value of the structure, less land value, is above ground.
   PRIVATE ROAD - a right-of-way which provides vehicular access to a maximum of three lots and which is not dedicated or maintained by the Township or State.
   PUBLIC - owned, operated or controlled by a government agency (Federal, State or local, including the Board of Public Education.)
   PUBLIC HEARING - 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.
   PUBLIC MEETING - a forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
   PUBLIC NOTICE - notice published once each week for 2 consecutive weeks in a newspaper of general circulation in the municipality. Such notice shall state the date, time and place of the hearing and the particular nature of the matter to be considered. The first publication shall be not more than 30 days and the second publication shall be not less than 7 days from the hearing date.
   PUBLIC SEWAGE SYSTEM - a system designed to treat the sewage wastes of more than one dwelling unit and which discharges the resultant outflow into a stream or other body of water. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers.
   RECREATIONAL VEHICLE - a vehicle less than 38 feet in length, used for temporary living or sleeping purposes, which stands on wheels. Included are travel trailers, truck campers and motor homes. Such vehicles are permitted only in campgrounds or on private individual parcels.
   SALE PARCEL - in a planned residential development, that portion of a tract's gross acreage which may be sold for land development, while the remaining acreage is left undisturbed for common open space.
   SEASONAL HOME - a dwelling intended for seasonal or leisure activity which is not intended now or in the future for year-round dwelling purposes. It includes cottages, cabins, second homes, travel trailers and forms of camping accommodations. Such uses shall be limited to hunting and fishing seasons, vacation time, weekends, retreats and other periodic visits.
   SCREENING - a barrier to visibility, glare and noise between adjacent properties made of plant materials such as trees or shrubs.
   SIGN WALL - a sign attached to a wall of a building directly related to the premises on which it is located.
   SPECIAL EXCEPTION - a use permitted in a particular zoning district pursuant to the provisions of Part 10.
   SPECIAL PERMIT - a special approval needed for specific types of development being proposed in any portion of the floodplain.
   STORY - that portion of a building included between the surface of any floor and the surface of the floor next above it, if there is no floor above it, then the space between any floor and the ceiling immediately above it.
   STREAM - see "watercourse."
   STREET - includes 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.
   STREET GRADE - any manmade object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
   STREET LINE - the dividing line between the street and lot, also known as right-of-way line.
   STRUCTURE - any combination of materials, other than a building which forms a construction that is safe and stable, including but not limited to flagpole, stadiums, platforms, towers, sheds, storage bins, fences exceeding 4 feet in height, signs, sign posts, lights and light standards for other than residential use but excepting patios, driveways, walks and parking areas at yard grade.
   SUBDIVISION - the division or redivision of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development. However, the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
   SUBSTANTIALLY COMPLETED - where in the judgment of the municipal engineer, at least 90% of those improvements required as a condition for final approval have been completed in accordance with the approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
   SUBSTANTIAL IMPROVEMENT - any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (1) before the improvement or repair is started or (2) if the structure has been damaged and is being restored, before the damage occurred. For purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.
   SUBSURFACE DRAINAGE - construction associated with the removal of ground water from under roadway or other surfaces designed to maintain firm, stable subgrades and structure foundations.
   TOWNSHIP SUPERVISORS - the governing body of Lamar Township.
   TRANSFERABLE DEVELOPMENT RIGHTS - the attaching of development rights to specified lands which are desired by a municipality to be kept underdeveloped, but permitting those rights to be transferred' from those lands so that the development potential which they represent may occur on other lands within the municipality where more intensive development is deemed by the municipality to be appropriate.
   TRIANGLE, SIGHT - a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight of motorists entering or leaving the intersection.
   USE - the specific purpose or activity for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include a nonconforming use.
   VARIANCE - a modification of the literal provisions of the Township Zoning Ordinance [Chapter 27] which the Zoning Hearing Board' is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.
   WATERCOURSE - any channel or conveyance of surface water having a defined bed and bank, whether wet or dry, whether artificial or natural.
   WETLANDS - land that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support and that under normal circumstances does or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes, but is not limited to, swamps, bogs, marshes and marine meadows.
   YARD - an open space which lies between the principal building or group of buildings and the nearest lot line. Such space shall be unoccupied and unobstructed from the ground upward except as may herein be permitted.
   YARD, FRONT - an open space which lies between the principal building or group of buildings and the front lot lines, unoccupied and unobstructed from the ground upward.
   YARD, REAR - an open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
   YARD, SIDE - an open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
(Ord. 3/9/1993A, § 801; as amended by Ord. 12/10/2001)