For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT or ABUTTING. Areas of contiguous lots that share a common lot line, except not including lots entirely separated by a street, public alley open to traffic, or a perennial waterway. See definition of ADJACENT.
ACADEMIC CLINICAL RESEARCH CENTER. An accredited medical school within the Commonwealth that operates or partners with an acute care hospital licensed within the Commonwealth.
ACCESSORY APARTMENT. One dwelling unit that is created within part of a principal dwelling or above a vehicle garage on a residential lot.
ACCESSORY STRUCTURE (INCLUDES ACCESSORY BUILDING). A structure serving a purpose customarily incidental to and subordinate to the use of the principal use and located on the same lot as the principal use. ACCESSORY STRUCTURES include, but are not limited to, a household garage, household storage shed, detached carport, a household swimming pool or an accessory storage building to a business use. An ACCESSORY BUILDING is any accessory structure that meets the definition of a BUILDING. A portion of a principal building used for an accessory use shall not be considered an ACCESSORY BUILDING.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use.
ADJACENT. Two or more lots that share a common lot line or that are separated only by a street or waterway from each other.
ADULT BOOKSTORE. A use that has over 10% of the total floor area occupied by items for sale or rent that are books, films, magazines, video tapes, coin- or token-operated films or video tapes, paraphernalia, novelties or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to uncovered male or female genitals or “specified sexual activities”. This shall include, but not be limited to, materials that would be illegal to sell to persons under age 18 under state law. If such items are within a separate room, then the 10% standard shall apply to the floor area of such room.
ADULT LIVE ENTERTAINMENT FACILITY. A use including live entertainment involving persons (which may include, but not be limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or almost nude female breasts or engaging in simulated or actual “specified sexual activities” to three or more persons and which is related to monetary compensation paid to the person or entity operating the use or to persons involved in such activity.
ADULT MOVIE THEATER. A use involving the on-site presentation to three or more persons at one time of moving images distinguished by an emphasis on depiction of “specified sexual activities” and that is related to monetary compensation paid by the persons viewing such matter.
ADULT USE. Adult bookstore, adult movie theater, adult live entertainment facility/use or massage parlor. These terms shall be distinct types of uses, and shall not be allowed as part of any other use.
AFTER HOURS CLUB. A use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.
AGRICULTURAL BUILDING. 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 includes a structure that is less than 1,000 square feet in size which is utilized to process maple sap. 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.
AGRICULTURAL COMMODITY. Any of the following transported or intended to be transported in commerce:
(1) Agricultural, aquacultural, horticultural, floricultural, viticultural or dairy products.
(2) Livestock and the products of livestock.
(3) Ranch-based fur-bearing animals and the products of ranch-based fur-bearing animals.
(4) The products of poultry or bee raising.
(5) Forestry or forestry products.
(6) Any products raised or produced on farms intended for human consumption and the processed or manufactured products of such products intended for human consumption.
AIRPORT. An area and related support facilities used for the landing and take-off of motorized aircraft that carry people. A PUBLIC AIRPORT shall be an airport that does not meet the definition of a “private airport”. A PRIVATE AIRPORT shall be limited to a maximum of ten total landings and take-offs in any seven-day period, and shall not be available for use by the general public.
AMUSEMENT ARCADE. A use involving 15 or more token- or coin-operated entertainment machines, and where the machines are the principal use of the property. This term shall not include an adult use.
ANIMAL CEMETERY. A place used for the burial of the remains of five or more non-cremated animals, other than customary burial of farm animals as accessory to a livestock use.
ANIMAL HUSBANDRY. The raising and keeping of livestock or poultry beyond the number and type allowed under § 155.075(C)(9), keeping animals or fowl, and beyond what is customarily incidental to a principal “crop farming” use. ANIMAL HUSBANDRY shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter from two or more farms.
ANIMAL HUSBANDRY, INTENSIVE.
(1) This term shall mean an animal husbandry use involving an average of two or more “animal equivalent units” (see definition division (2) below) of live weight per acre of livestock or poultry, on an annualized basis.
(2) An ANIMAL EQUIVALENT UNIT (AEU) is 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. This weight is calculated on an annualized basis. Note: the provisions of this zoning chapter are based upon acreage of a lot, and not acreage that is available for disposal of wastes. (Note: two animal equivalent units per acre would be roughly equal to 1.7 dairy cattle, 6.7 swine, ten sheep, 500 poultry or 400 rabbits per acre.)
ANTENNA. An exterior device or apparatus designed for cellular, digital, telephone, radio, pager, commercial mobile radio, wireless internet, television, microwave or any other wireless communications through sending and/or receiving of electromagnetic waves, including without limitation, omnidirectional or whip antennas and directional or panel antennas. Unless otherwise stated, this term shall not include standard antenna.
ANTENNA HEIGHT. The vertical distance from the base of the antenna support structure at grade to the highest point of the structure, including any antennas attached thereto or forming a part thereof. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the ANTENNA HEIGHT.
ANTENNA, STANDARD. A device, partially or wholly exterior to a building, that is used for receiving television or radio signals for use on-site, or for transmitting short-wave or citizens band radio signals. See COMMERCIAL COMMUNICATIONS ANTENNA.
APARTMENT. See DWELLING TYPES.
APPLICANT. The definition in the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., shall apply.
ASSISTED LIVING FACILITY. Coordinated and centrally managed rental housing including self-contained units designed to provide a supportive environment and to accommodate a relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, linen and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 and older, persons with physical handicaps and/or the developmentally disabled. ASSISTED LIVING FACILITIES shall be licensed as personal care centers by the commonwealth.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES. This use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles; recreation vehicles; boat trailers; farm machinery; motorcycles; trucks; utility trailers; construction vehicles; boats; or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 155.073(B)(4).
AUTO REPAIR GARAGE. An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of auto service station. An AUTO REPAIR GARAGE shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work; straightening of body parts; painting; welding; or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an AUTO REPAIR GARAGE. This use shall not include activity meeting the definition of a “truck stop”. See requirements in § 155.073(B)(5).
AUTO SERVICE STATION. An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections; and sale of pre-packaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an AUTO SERVICE STATION. See storage limits and other requirements in § 155.073(B)(6).
BASAL AREA. The area in square feet per acre occupied by tree stems at 4.5 feet above the ground, normally measured by a calibrated prism or angle gauge.
BASEMENT. An enclosed level of a building that is not a “story” and that is partly underground.
BED AND BREAKFAST, INN. A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in § 155.074(E)(7) for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in § 155.074(E)(7).
BETTING USE. A place used for lawful gambling activities, including but not limited to off-track pari-mutual betting and any use of electronic gambling devices. This term shall not regulate state lottery sales or lawful small games of chance.
BOARDING HOUSE (INCLUDES ROOMING HOUSE).
(1) A residential use in which:
(a) Room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation; or
(b) A dwelling unit includes greater than the permitted maximum number of unrelated persons.
(2) A BOARDING HOUSE shall not include a use that meets the definition of a hotel, dormitory, motel, life care center, personal care center, bed and breakfast inn, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of BOARDING HOUSE. A BOARDING HOUSE may either involve or not involve the providing of meals to residents, but shall not include a restaurant open to the public unless the use also meets the requirements for a restaurant. A BOARDING HOUSE shall primarily serve persons residing on-site for five or more consecutive days.
BUFFER YARD.
(1) A strip of land that:
(a) Separates one use from another use or feature; and
(b) Is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways.
(2) A BUFFER YARD may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 155.092.
BUILDING. Any structure having a permanent roof and walls and that is intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under roof of greater than 50 cubic feet. BUILDING is interpreted as including “or part thereof”. See the separate definition of STRUCTURE. Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.
BUILDING COVERAGE. The percentage obtained by dividing the total horizontal area covered by all buildings on a lot by the total lot area of a lot. For the purposes of this definition, BUILDING COVERAGE shall include all buildings that are under a roof.
BUILDING HEIGHT. The vertical distance from the average of the finished ground level adjoining a building at all exterior walls to the average height of the highest roof surface. The finished ground level shall not slope away from a building wall in such a manner that it is not possible to position a ladder for fire rescue.
BUILDING, PRINCIPAL. A building used for the conduct of the principal use of a lot, and which is not an accessory building.
BUILDING WIDTH. The horizontal measurement between two vertical structural walls that are generally parallel of one building, measured in one direction that is most closely parallel to the required lot width. For attached housing, this WIDTH shall be the width of each dwelling unit, measured from the center of each interior party wall and from the outside of any exterior wall. For detached buildings, this WIDTH shall be measured from the outside of exterior walls.
BULK RECYCLING CENTER. A use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household or office 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.
CAMP. An area that includes facilities and structures for primarily outdoor recreational activities by organized groups, and/or that involves overnight stays within seasonal cabins or temporary tents by organized groups and/or transient visitors to the area. This term shall only include facilities that are primarily used during warmer months, and which have a maximum impervious coverage of 5%. This term shall not include a recreational vehicle campground.
CAMPGROUND. A development under single ownership of the land with sites being rented, leased or sold through time-share for use for tents or recreational vehicle sites for transient visitors to the area, and which may include associated recreational facilities.
CAMPGROUND, RECREATIONAL VEHICLE. A type of campground that involves persons temporarily living within recreational vehicles.
CAREGIVER. The individual designated by a patient to deliver medical marijuana.
CEMETERY. A place used for the burial of two or more non-cremated humans.
CERTIFIED MEDICAL USE. The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient’s serious medical condition, as authorized by certification by the Commonwealth.
CHRISTMAS TREE FARM or TREE FARM. A type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. Trees that were grown on the premises may be sold. See also § 155.022(G)(1)(c).
CHURCH. See PLACES OF WORSHIP.
CLEAR CUTTING. A logging method that removes all trees or the vast majority of trees from a mostly wooded area.
CLINICAL REGISTRANT. An entity that:
(1) Holds a permit as a grower/processor and a dispensary; and
(2) Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications, and dispensing and management of controlled substances.
COMMERCIAL COMMUNICATIONS TOWER OR ANTENNA. See WIRELESS COMMUNICATIONS FACILITIES.
COMMERCIAL DISTRICT. The C and VC Districts.
COMMERCIAL STABLE OR RIDING ACADEMY. An agricultural building for the housing of horses where equestrian instruction is offered, horses are kept, bred, trained, and/or exercised.
COMMERCIAL USE. Includes, but is not limited to, retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar profit-making non-industrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a COMMERCIAL USE.
COMMUNITY CENTER. A use that exists solely to provide primarily indoor leisure and educational activities and programs and meeting space to members of the surrounding community and/or certain age groups, and which does not involve substantial use of machinery or noise producing equipment. The use also may include the preparation and/or provision of meals to low-income elderly persons, as accessory to leisure activities. This shall not include residential uses or a treatment center.
COMPREHENSIVE PLAN. The Southwestern Lehigh County Comprehensive Plan, as amended.
CONDOMINIUM. A set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980, 68 Pa.C.S. §§ 3101 et seq. or Uniform Planned Community Act of 1996, 68 Pa.C.S. §§ 5101 et seq., as amended.
CONSERVATION EASEMENT. A legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such EASEMENT shall restrict the original and all subsequent property owners, lessees and all other users of the land.
CONSERVATION/OPEN SPACE DEVELOPMENT OPTION. An optional type of residential development that involves the permanent preservation of preserved open space, and that places dwellings on the most suitable portions of a tract, on lots that are typically smaller than would otherwise be allowed with conventional development.
CONTIGUOUS LOTS. Adjacent parcels of land, including parcels separated by a stream or road.
CONVENIENCE STORE. A use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 7,000 square feet. A CONVENIENCE STORE involving the sale of gasoline shall be regulated as an auto service station.
COORDINATED ZONING ALONG MUNICIPAL BORDERS. A parcel or parcels of land to be used for residential development designed to coordinate zoning uses along municipal borders to avoid conflicting land uses and to encourage a mixture of housing of varying sizes and density to allow for seamless, rather than shock, transition between different uses.
COORDINATED ZONING ALONG MUNICIPAL BORDERS DEVELOPMENT OPTION. An optional type of residential development along municipal borders designed to coordinate zoning uses along municipal borders to avoid conflicting land uses and to encourage a mixture of housing of varying sizes and densities to allow for seamless, rather than shock, transition between different uses,
CRAFTS OR ARTISAN’S STUDIO. A use involving the creation, display and sale of arts and crafts, such as paintings, sculpture and fabric crafts. The creation of arts and crafts may also be permitted within a home occupation, provided the requirements for such use are met.
CROP FARMING. The raising of products of the soil and accessory storage of these products. This term shall include orchards, tree farms, wineries, plant nurseries, raising of fish, greenhouses and keeping of animals in numbers that are routinely accessory and incidental to a principal crop farming use. See ANIMAL HUSBANDRY.
CURATIVE AMENDMENT. A process provided in the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. that authorizes certain types of challenges to a zoning chapter.
DAY CARE, CHILD.
(1) 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 the definition of ADULT DAY CARE CENTER.
(2) The following three types of DAY CARE are permitted without regulation by this chapter:
(a) Care of children by their own “relatives”;
(b) Care of children within a place of worship during regularly scheduled religious services; and
(c) Care of one to three children within any dwelling unit, in addition to children who are “relatives” of the caregiver.
(3) CHILD DAY CARE CENTER. A type of day care use that:
(a) Provides care for seven or more children at any one time who are not “relatives” of the primary caregiver;
(b) Does not occur within a dwelling unit;
(c) Does not meet the definition of a group day care home; and
(4) FAMILY DAY CARE HOME (OR CHILD DAY CARE AS AN ACCESSORY USE). A type of “day care” use that:
(a) Is accessory to and occurs within a dwelling unit; and
(b) Provides care for four to six children at one time who are not “relatives” of the primary caregiver.
(5) GROUP DAY CARE HOME. A type of day care use that:
(a) Provides care for between seven and 12 children at one time who are not “relatives” of the primary caregiver;
(b) Provides care within a dwelling unit; and
(c) Is registered with the applicable state agency.*
(6) * Note: as of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare. See also child day care facility requirements in the Uniform Construction Code.
DAY CARE CENTER, ADULT. A use providing supervised care and assistance to persons who need such daily assistance because of their old age or disabilities. This use shall not include persons who need oversight because of behavior that is criminal, violent or related to substance abuse. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.
DENSITY. The total number of dwelling units proposed on a lot divided by the lot area, unless otherwise stated.
DEP. The Pennsylvania Department of Environmental Protection and its relevant bureaus.
DISPENSARY. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana.
DISTRICT (OR ZONING DISTRICT). A land area within the township within which certain uniform regulations and requirements apply under the provisions of this chapter.
DORMITORY. A building used as living quarters for the exclusive use of bona fide full-time faculty or students of an accredited college or university or primary or secondary school, and which is owned by and on the same lot as such college, university or school.
DRIVE-THROUGH SERVICE. An establishment where at least a portion of patrons are served while the patrons remain in their motor vehicles.
DWELLING. A building used as non-transient living quarters, but not including a boarding house, hotel, motel, hospital, nursing home or dormitory. A DWELLING may include a use that meets the definition of a sectional home.
DWELLING TYPES. This definition categorizes dwellings into the following types:
(1) APARTMENTS OR MULTI-FAMILY DWELLINGS. Two or more dwelling units within a building that do not meet the definition of a single-family detached dwelling, twin dwelling or townhouse/rowhouse. The individual dwelling units may be leased or sold for condominium ownership. If a building only includes two apartments, it shall be considered to be a TWO-FAMILY DETACHED DWELLING.
(3) SECTIONAL OR MODULAR HOME. A type of dwelling that meets a definition of any dwelling type and which was manufactured off-site and then assembled and completed on the site, and that was constructed under the Township Construction Codes and not the federal requirements for manufactured housing.
(4) SINGLE-FAMILY DETACHED DWELLING.
(a) One dwelling unit in one building accommodating only one family and having open yard areas on all sides.
(b) MOBILE/MANUFACTURED HOME.
1. For a dwelling constructed after 1977, this term shall mean a dwelling that was constructed under the federal construction requirements for manufactured housing under regulations of the U.S. Department of Housing and Urban Development. For a dwelling constructed before 1977, this term shall mean a type of single-family detached dwelling that meets all of the following requirements:
a. Is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing;
b. Is designed for permanent occupancy;
c. Which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations;
d. Is constructed so that it may be used with or without a permanent foundation; and
e. Is not a recreation vehicle.
2. The terms MOBILE HOME and MANUFACTURED HOME have the same meaning. This term is different from a SECTIONAL HOME, which is defined above.
(5) TOWNHOUSE or ROWHOUSE. One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit.
(6) TWIN DWELLING UNIT. One dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
(7) TWO-FAMILY DETACHED DWELLING (DUPLEX). A building that includes two apartment dwellings and which is not a twin dwelling.
DWELLING UNIT.
(1) A single habitable living unit occupied by only one family. (See definition of FAMILY.)
(2) Each dwelling unit shall have:
(a) Its own toilet, bath or shower, sink, sleeping and cooking facilities; and
(b) Separate access to the outside or to a common hallway or balcony that connects to outside access at ground level.
(3) 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, unless approved as unit for care of relative.
EMERGENCY SERVICES STATION. A building for the housing of fire, emergency medical or police equipment and for related activities. This use may include housing for emergency personnel while on-call.
EMPLOYEES. The highest number of workers (including both part-time and full-time, both compensated and volunteer, and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.
ESSENTIAL SERVICES or ESSENTIAL PUBLIC UTILITY SERVICES. 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.
FAMILY. One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to four unrelated individuals who maintain a common household and live within one dwelling unit. A FAMILY shall also expressly include numbers of unrelated persons provided by the group home provisions residing within a licensed group home, as defined herein. Through those provisions and § 155.029(D)(5), the township’s intent is to comply with the Federal Fair Housing Act, being 42 U.S.C. §§ 3601 et seq., as amended.
FARM. A lot used for the raising of agricultural commodities or dairy products and/or the raising of livestock or poultry for commercial purposes. This term may include one dwelling unit, buildings used for the agricultural activities and the storage of equipment used for the agricultural activities.
FENCE. A human-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Human-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a WALL.
FINANCIAL INSTITUTION. An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public.
FLOODPLAIN. See definitions of this term and related terms in the township floodplain regulations, as codified in Chapter 151 of this code of ordinances.
FLOOR AREA, TOTAL.
(1) The total floor space within a building(s) measured from the exterior faces of exterior walls or from the centerlines of walls separating buildings.
(2) FLOOR AREA shall specifically include, but not be limited to:
(a) Fully enclosed porches; and
(b) Basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least six and one-half feet.
(3) FLOOR AREA shall not include unenclosed structures.
FOREST TECHNICIAN. A person who has a two-year degree in forestry from a two-year school of forestry associated with or accredited by the Society of American Foresters.
FORESTRY. 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, and which does not involve any land development. See TIMBER HARVESTING.
FORM OF MEDICAL MARIJUANA. The characteristics of the medical marijuana recommended or limited for the particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.
GARAGE SALE. The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character.
GLARE. A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus.
GOVERNMENT FACILITY, OTHER THAN TOWNSHIP-OWNED. A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by the township or an authority created solely by the township. This term shall not include uses listed separately in the table of uses in §§ 155.068 through 155.075, such as publicly owned recreation. This term shall not include a prison.
GROUP HOME.
(1) A dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age, emotional, mental, developmental or physical disability. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Federal Fair Housing Act as amended. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use. A GROUP HOME typically involves an individual residing on the premises for more than 30 days at a time.
(2) GROUP HOMES shall be subject to the same limitations and regulations by the township as the type of dwelling unit they occupy.
(3) It is the express intent of the township to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
(4) A GROUP HOME shall not include a treatment center.
(5) (a) *Note: The Federal Fair Housing Act Amendments defined HANDICAP as follows:
1. A physical or mental impairment which substantially limits one or more of such person’s major life activities;
2. A record of having such an impairment; or
3. Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in 21 U.S.C. § 802.
(b) This definition was subsequently adjusted by § 512 of the Americans With Disabilities Act to address certain situations related to substance abuse treatment.
GROWER/PROCESSOR. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana.
HAZARDOUS SUBSTANCES.
(1) A product or waste, or combination of substances that because of the quantity, concentration, physical or infectious characteristics, if not properly treated, stored, transported, used or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into ground water resources and the subsurface environment which includes the soil and all subsequent materials located below.
(2) Such hazardous material includes, but is not limited to, materials which are included on the latest edition of one or more of the following lists:
(a) HAZARDOUS SUBSTANCES as defined pursuant to § 311 of the Federal Clean Water Act, being 33 U.S.C. § 1321, or its successor provisions; and
(B) HAZARDOUS SUBSTANCES as defined pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act, being 42 U.S.C. §§ 9601 et seq., or its successor provisions.
HAZARDOUS SUBSTANCES, EXTREMELY. Hazardous substances included on the list of extremely hazardous substances in 40 C.F.R. Part 355, or its successor provisions and that are stored or used in quantities above the threshold reportable limits in such regulations.
HELIPORT. An area used for the take-off and landing of helicopters, and related support facilities. A PRIVATE HELIPORT shall be limited to 15 total take-offs and landings in any seven-day period, and which is not open to the general public. A PUBLIC HELIPORT is one that does not meet the definition of a PRIVATE HELIPORT.
HOME OCCUPATION.
(1) A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the HOME OCCUPATION requirements.
(2) A MINOR HOME OCCUPATION shall be a HOME OCCUPATION that meets the additional requirements for a MINOR HOME OCCUPATION. The term MINOR HOME OCCUPATION includes, but is not limited to, the term no-impact home occupation as defined in the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq.
(3) A MAJOR HOME OCCUPATION shall be a HOME OCCUPATION that does not meet the requirements for a MINOR HOME OCCUPATION.
(4) Note: in most cases, under § 155.068, a MINOR HOME OCCUPATION is permitted by right, while a MAJOR HOME OCCUPATION typically needs special exception approval from the Zoning Hearing Board.
HOSPITAL. A use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve any stays overnight shall be considered an OFFICE. A HOSPITAL may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A HOSPITAL may also involve medical research and training for health care professionals.
HOTEL or MOTEL. A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 90 days shall be considered a boarding house and shall meet the requirements of that use. See BED AND BREAKFAST USE. A HOTEL or MOTEL may also include a restaurant, meeting rooms, nightclub, newsstand, amusement arcade, gift shop, swim club, exercise facilities, tavern and similar customary accessory amenities, and provided any such use shall only be allowed as a principal use of the property if such use is allowed by the applicable district regulations.
HUNTING AND FISHING CLUB. Land owned by an organized group of persons formed as a club that is used for hunting, fishing and similar types of passive recreation, and which involves no buildings except those for the recreational, lodging, eating and sanitary facilities for members and invited guests and routinely accessory storage buildings.
IDENTIFICATION CARD. A document issued by the Pennsylvania Department of Health that permits access to medical marijuana.
IMPERVIOUS COVERAGE.
(1) The percentage that results from dividing the land area on a lot covered by all impervious surfaces by the total land area of the lot. IMPERVIOUS SURFACES shall be defined as areas covered by buildings, paving or concrete, or other human-made surfaces that have a runoff coefficient of 0.85 or greater. Areas of stone regularly used for vehicle parking and movement shall be considered impervious for the purposes of restricting impervious coverage under the zoning ordinance.
(2) For a townhouse development, the MAXIMUM IMPERVIOUS COVERAGE may be measured as a maximum for the entire development after completion, after the deletion of street rights-of way (or cartway where a street right-of-way does not exist), as opposed to regulating each individual townhouse lot.
INDUSTRIAL DISTRICT. The I Zoning District.
INTERMITTENT STREAM. A stream whose water flow normally occurs in the wetter parts of the year (October through April) or following major streams events.
JUNK.
(1) Any discarded, unusable, scrap or abandoned human-made or human-processed material or articles stored outside of a completely enclosed building and which covers over 200 square feet of land area.
(2) Examples of JUNK include: scrap metal; used furniture; used appliances; used motor vehicle parts; worn-out machinery and equipment; used containers; and scrap building materials.
(3) JUNK shall not include:
(a) Solid waste temporarily stored in an appropriate container that is routinely awaiting imminent collection and proper disposal;
(b) Toxic substances;
(c) Yard waste or tree trunks;
(d) Items clearly awaiting imminent recycling at an appropriate location;
(e) Building materials awaiting imminent use at an on-going building; or
(f) Clean fill as defined by state environmental regulations.
JUNK VEHICLE.
(1) Includes any vehicle or trailer that meets any of the following conditions:
(A) Cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs;
(b) Cannot be towed, in regards to a trailer designed to be towed;
(c) Has been demolished beyond repair;
(d) Has been separated from its axles, engine, body or chassis; and/or
(e) Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle.
(2) See the definition of UNLICENSED VEHICLE.
JUNKYARD.
(1) Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types:
(a) Junk (see definition) covering more than 1% of the lot area;
(b) Two or more “junk vehicles” that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles stored as part of an auto repair garage or auto service station within the requirements of § 155.073(B)(5) and (B)(6); and
(c) One or more mobile/manufactured homes that are not in a habitable condition.
(2) Junk stored within a completely enclosed building for business purposes shall be considered a WAREHOUSE.
(3) A JUNKYARD specifically shall include, but not be limited to, a metal scrap yard or auto salvage yard. See any township code that regulates unlicensed and inoperable vehicles on lots and the State Vehicle Code, being 75 Pa.C.S. §§ 101 et seq. for unlicensed vehicles parked on a street.
KENNEL. The keeping of a greater number of dogs and/or cats than are permitted under the keeping of animals or fowl provisions of § 155.075, and which may also include temporary keeping of other household pets. In addition, in any case, if six or more dogs age six months or older are kept, it shall be considered a KENNEL.
LANDING. A place where logs are assembled for transportation in loads.
LANDOWNER. The owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner) or authorized officers of a partnership or corporation that is a LANDOWNER.
LIGHTING, DIFFUSED. Illumination that passes from the source through a translucent cover or shade.
LITTER. Discarded items not naturally occurring on the site (i.e., tires, oil cans, etc.).
LOGGING PLAN. A written description with a map of a specific logging operation prepared before the operation commences.
LOPPING. To cut tops and slash into smaller pieces to allow material to settle close to the ground.
LOT. A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. The term LOT shall mean a lot of record according to official county records. If lands are separated by a street, then each side of the street shall be considered a separate LOT. The area and depth of a lot shall be measured to the legal right-of-way line of the street, and all lots shall front on public or private streets.
LOT AREA.
(1) The horizontal land area contained within the lot lines of a lot (measured in acres or square feet).
(2) For the purposes of determining compliance with the MINIMUM LOT AREA, the following shall be excluded:
(a) 1. Areas within the “existing” legal rights-of-way of:
a. Any proposed or existing public streets or alleys; or
b. Any proposed or existing commonly maintained private streets that serve more than one lot.
2. Note: other sections of this chapter, such as townhouse development, may specifically permit proposed streets to be included in determining density for a specific use.
(b) Areas that are currently or will be required to be dedicated as common or preserved open space on a separate lot. Note: other sections of this chapter, such as conservation/open space development option, may specifically permit proposed common open spaces to be included in determining density for a specific use; and
LOT, CORNER. A lot abutting on two or more intersecting streets which has an interior angle of less than 135 degrees at the intersection of right-of-way lines of two streets.
LOT LINES. The property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the lot line shall be considered to be the street right-of-way line that will exist at the time of completion of a subdivision or development.
(1) FRONT LOT LINE (STREET LINE). A lot line separating the lot from the existing or proposed street right-of-way. For a corner lot, see § 155.092(B)(1).
(2) REAR LOT LINE. Any lot line which is parallel to or within 45 degrees of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a REAR LOT LINE. Every lot shall have a rear yard.
(3) SIDE LOT LINE. Any lot line other than a front or rear lot line.
LOT WIDTH. The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall. Where a pie-shaped lot fronts upon a cul-de-sac, the minimum lot width may be reduced to 75% of the width that would otherwise be required.
MASSAGE PARLOR. A type of adult use that is an establishment that meets all of the following criteria:
(1) Massages are conducted involving one person using his or her hands and/or a mechanical device on another person below the waist, in return for monetary compensation, and which does not involve persons who are related to each other;
(2) The use does not involve a person licensed or certified by the state as a health care professional or a massage therapist certified by a recognized professional organization that requires a minimum of 80 hours of professional training. Massage therapy by a certified professional shall be considered “personal service”;
(3) The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor or as an incidental accessory use to a permitted exercise club or high school or college athletic program; and
(4) The massages are conducted within private or semi-private rooms.
MEDICAL MARIJUANA. Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania under Act 16.
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE. Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processor and/or dispensaries.
MEDICAL MARIJUANA ORGANIZATION OR FACILITY. A dispensary or a grower/processor of marijuana for medical purposes.
MEMBERSHIP CLUB. An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business.
(1) This use shall not include a target range for outdoor shooting of firearms, boarding house, tavern, restaurant or retail sales unless that particular use is permitted in that district and the requirements of that use are met.
(2) See also AFTER HOURS CLUB and HUNTING AND FISHING CLUBS, which are distinct uses.
MINERAL EXTRACTION. The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. MINERAL EXTRACTION includes, but is not limited to, the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.
MOBILE/MANUFACTURED HOME. See under DWELLING TYPES.
MOBILE/MANUFACTURED HOME PARK. A lot under single ownership which includes two or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a MOBILE HOME PARK.
MOTOR VEHICLE. An automobile, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle or similar means of transportation designed to operate carry persons or cargo on roads and that is powered by mechanized means.
MUNICIPALITIES PLANNING CODE or STATE PLANNING CODE. The Pennsylvania Municipalities Planning Code, as reenacted and amended, being 53 P.S. §§ 10101 et seq.
NIGHTCLUB. An establishment that offers amplified live music performances or amplified music for dancing after 12:00 a.m. midnight, sells alcoholic beverages primarily for on-site consumption, includes hours open to patrons after 12:00 a.m. midnight, and has a building capacity of over 200 persons.
NON-COMMERCIAL TIMBER STAND IMPROVEMENT. A practice in which the quality of the residual forest stand is improved by removing the less desirable trees, vines, and occasionally large shrubs to obtain the preferred stocking of the best quality trees. It can also include such practices as tree pruning. A non-commercial timber stand improvement is involved with the removal of the above-mentioned trees, etc. but does not yield a net income, usually because the trees cut are too small, poor quality, or not marketable.
NONCONFORMING LOT. A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter, or amendments hereinafter enacted.
NONCONFORMING STRUCTURE. A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendment(s). Such NONCONFORMING STRUCTURES include, but are not limited to, signs.
NONCONFORMING USE. A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a NONCONFORMING USE.
NURSING HOME. A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons.
OFFICE. A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical offices, laboratories, photographic studios, and/or television or radio broadcasting studios.
OPEN SPACE, PRESERVED OR COMMON. A parcel or parcels of land within a tract which meets all of the following standards:
(1) Is designed, intended and suitable for active or passive recreation by residents of a development or the general public;
(2) Is covered by a system that ensures perpetual maintenance, if not intended to be publicly owned;
(3) Will be deeded to the township and/or preserved by a deed restriction or conservation easement to permanently prevent uses of land other than “preserved open space” and noncommercial recreation; and
(4) Does not use any of the following areas to meet minimum preserved open space requirements:
(a) Existing street rights-of-way;
(b) Access easements and rights-of-way;
(c) Vehicle streets or driveways providing access to other lots;
(d) Land beneath building(s) or land within 20 feet of a building other than agricultural buildings and a farmstead which are permitted within land approved by the township for agricultural preservation);
(e) Off-street parking (other than that clearly intended for use to access the open space area);
(f) Area(s) needed to meet a requirement for an individual lot;
(g) For land intended to be open to the public, that does not have provisions for entry with a 50-foot minimum width by pedestrians from a street open to the public or from adjacent preserved open space that has access to such a street;
(h) Land that includes any stormwater management facilities (other than a stormwater management system required by an agricultural conservation plan for the agricultural use);
(i) Portions of land that have a width or length less than 100 feet, and an area of less than 21,780 square feet (one-half acre);
(j) Areas that are under water during normal weather conditions (streams, creeks, wetlands, floodways); and
(k) Areas that are under electric transmission lines that are designed for a capacity of 35 kilovolts or greater.
(5) Each square foot of preserved open space that is of 25% or greater slopes and each square foot within the 100-year floodplain shall only count as one-quarter square foot for the purposes of determining the amount of PRESERVED OPEN SPACE.
PA. The Commonwealth of Pennsylvania.
PARKING. Off-street parking and aisles for vehicle movement unless otherwise stated.
PENNDOT. The Pennsylvania Department of Transportation, or its successor, and its subparts.
PENNSYLVANIA DEPARTMENT OF HEALTH. DOH.
PERMITTED BY RIGHT USES. Allowed uses in which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of the zoning chapter. A nonconforming use shall not be considered to be a PERMITTED BY RIGHT USE, a special exception use or a conditional use.
PERSONAL CARE HOME OR CENTER. Means assisted living facility.
PERSONAL SERVICE. An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. PERSONAL SERVICES include barber and beauty shops, photography studios, travel agency, shoe repair shops, household appliance repair shops and other similar establishments, but shall not include any adult uses, as herein defined.
PETS, KEEPING OF. The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops.
PICNIC GROVE, COMMERCIAL. An area of open space and pavilions that is not publicly owned and is used for group picnics and related outdoor recreation, and which is used on a commercial basis.
PLACES OF WORSHIP. Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship for more than ten persons at a time and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type.
PRINCIPAL BUILDING. A principal structure which is also a building.
PRINCIPAL STRUCTURE. The structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that PRINCIPAL STRUCTURE.
PRINCIPAL USE. A dominant use(s) or main use on a lot, as opposed to an accessory use.
PRISON. A correctional institution within which persons are required to inhabit by criminal court actions or as the result of a criminal arrest.
PROFESSIONAL FORESTER. A person who has a B.S. or higher degree in forestry from a four-year school of forestry associated with or accredited by the Society of American Foresters.
PUBLIC NOTICE. Notice required by the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. (See definition in § 107 (53 P.S. §§ 10107) of such law.)
PUBLICLY OWNED RECREATION. Leisure facilities owned, operated or maintained by governmental entities for use by the general public. PUBLICLY OWNED RECREATION is a distinct use from indoor recreation or outdoor recreation.
RECREATION. The offering of leisure-time activities to unrelated persons. This term shall not include any adult use. For the purposes of this chapter, recreation facilities shall be permitted by right as an accessory use when clearly limited to residents of a development and their occasional invited guests.
(1) INDOOR RECREATION. A type of recreation use that:
(a) Does not meet the definition of outdoor recreation; and
(b) Is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses.
(2) OUTDOOR RECREATION.
(a) A type of “recreation” use that:
1. Has a total building coverage of less than 15%; and
2. Is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses.
RECYCLING COLLECTION CENTER. A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclables and their customary collection, which is a permitted by right accessory use in all zoning districts, without additional regulations. A RECYCLING COLLECTION CENTER is also a permitted by right accessory use to a public or private primary or secondary school, a place of worship, a township-owned use or an emergency services station.
REGISTRY. The registry established by the Pennsylvania Department of Health for all medical marijuana organizations and practitioners.
RELATED or RELATIVE. 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; 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. See definition of DWELLING UNIT.
REPAIR SERVICE. Shops for the repair of appliances, watches, guns, bicycles and other household items.
RESIDENTIAL ACCESSORY STRUCTURE (INCLUDES BUILDING) OR USE. A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household); carport; tennis court; garage sale; basketball backboard; household swimming pool; gazebo; storage shed; greenhouse; children’s playhouse; or children’s play equipment. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.
RESIDENTIAL DISTRICT(S). The CON, R-A, S-R, VR and RS-R Zoning Districts.
RESIDENTIAL LOT LINES. The lot line of a lot that:
(1) Contains an existing primarily residential use on a lot of less than ten acres; or
(2) Is undeveloped and zoned as a residential district.
RESTAURANT.
(1) An establishment that sells ready to consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises.
(2) A restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a “tavern” or nightclub as applicable must be met.
(3) See DRIVE-THROUGH SERVICE.
RETAIL STORE. A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats; adult movie theater; adult bookstore; manufacturing; tavern; car wash; auto service station; auto repair garage; convenience store; or any restaurant.
RIGHT-OF-WAY. An area or strip of land which is reserved for use by or as a street or by one or more utilities or by the public or by others. The term RIGHT-OF-WAY by itself shall mean the STREET RIGHT-OF-WAY, unless another meaning is otherwise stated or clearly implied from the context in which it is used.
(1) STREET RIGHT-OF-WAY, EXISTING OR LEGAL. The official established street right-of-way that either the township or the state presently own or hold another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
(2) See RIGHT-OF-WAY, FUTURE OR ULTIMATE in the subdivision and land development ordinance, § 154.031 of this code of ordinances.
ROOMING HOUSE. See BOARDING HOUSE.
SCHOOL, PUBLIC OR PRIVATE PRIMARY OR SECONDARY SCHOOL. An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include trade schools.
SCREENING. Year-round plant material of substantial height and density designed to provide a buffer.
SELF-STORAGE DEVELOPMENT. A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.
SETBACK LINE. A line separating a yard from the area within which a building or use is allowed.
SEWAGE SERVICE, CENTRAL. Sanitary sewage service to a building by a township-approved sewage collection and disposal system that serves five or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
SEWAGE SERVICE, ON-LOT. Sanitary sewage service to a building that does not meet the definition of central sewage service, such as, but not limited to, an individual on-lot septic system.
SEWAGE SERVICE, PUBLIC. Central sanitary sewage service by a system owned and/or operated by a municipality or a municipal authority.
SIGHT TRIANGLE. An area required to be kept free of certain visual obstructions to traffic. See § 155.092.
SINGLE AND SEPARATE OWNERSHIP. The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
SITE ALTERATIONS. This term shall include one or more of the following activities:
(1) Filling of lakes, ponds, marshes or floodplains or alteration of watercourses; and
(2) Clearing and regrading of more than one-half acre, other than selective thinning of existing vegetation or trees.
SKIDDING. Dragging trees on the ground, by any means, from the stump to the landing.
SLASH. Woody material left after logging, including logs, chunks, bark, branches, stumps, and broken understory trees or brush.
SOLID WASTE-TO-ENERGY FACILITY. An area where municipal solid waste and similar materials are incinerated or otherwise processed to result in usable energy for off-site use.
SOLID WASTE LANDFILL. An area where municipal solid waste and similar materials is deposited on land, compacted, covered with soil and then compacted again, and which has a permit from DEP to operate as a sanitary landfill.
SOLID WASTE TRANSFER FACILITY. Land or structures where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include a junkyard, leaf composting, clean fill, or septage or sludge application.
SPECIAL EXCEPTION. A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 155.034.
SPECIFIED SEXUAL ACTIVITIES. One or more of the following:
(1) Human male genitals in a visible state of sexual stimulation;
(2) Acts of human masturbation, sexual intercourse, oral sex or sodomy; and/or
(3) Fondling or other erotic touching of human genitals. See definition of ADULT USE.
STAND PRESCRIPTION. The type of forest management treatment, if any, to be applied to a particular stand to achieve the stated management objectives. The stand prescription should include, but not be limited to, detailed instructions on how that treatment is to be carried out on the ground, the desired residual stand, and details on any other treatments to be applied.
STAND REGENERATION TREATMENT. A selection, natural, shelterwood, seed tree, or clear-cut that is designated to replace the existing stand with a new stand of young trees.
STATE. The Commonwealth of Pennsylvania and its agencies.
STORY. A level of a building routinely accessible to humans having an average vertical clearance from floor to ceiling of six and one-half feet or greater shall be considered a FULL STORY, except as follows. If the floor of a basement level is more than six feet below the finished grade level for more than 50% of the total building perimeter, it shall not be regulated as a STORY. Any level of a building having an average vertical clearance from floor to ceiling of less than six and one-half feet shall be considered a HALF-STORY.
STREAM. Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
STREET. A public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms STREET, HIGHWAY and ROAD have the same meaning and are used interchangeably.
STREET CLASSIFICATION. The functional classification of streets, roads and highways that is provided in the Township Comprehensive Plan shall apply. For the purposes of this chapter, such CLASSIFICATIONS may be revised by written resolution of the Board of Supervisors.
STRUCTURE. Any human-made object having a stationary location on, below or in land or water, whether or not affixed to the land. Any STRUCTURE shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter. For the purposes of this chapter, utility poles, stormwater basins, wells, paving and septic systems shall not be considered STRUCTURES, and shall not be subject to minimum zoning setback requirements unless stated otherwise.
SUBDIVISION. The definition in the subdivision and land development ordinance shall apply. See § 154.031 of this code of ordinances.
SUBDIVISION ORDINANCE or SUBDIVISION AND LAND DEVELOPMENT ORDINANCE. The Upper Milford Township subdivision and land development ordinance, as amended and as codified in Chapter 154 of this code of ordinances.
SWIMMING POOL, HOUSEHOLD OR PRIVATE. A human-made area with walls of human-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.
SWIMMING POOL, NON-HOUSEHOLD. A human-made area with walls of human-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a household swimming pool.
TAVERN. A place where alcoholic beverages are served as a primary or substantial portion of the total trade and which does not meet the definition of an AFTER-HOURS CLUB or a NIGHTCLUB. The sale of food may also occur. See the definition of RESTAURANT.
THEATER. A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.
TIMBER HARVESTING (INCLUDES TREE HARVESTING/LOGGING). The cutting down and removal of trees and logs to be converted to any forest product or for sale to others.
TIRE STORAGE, BULK. The storage of more than 20 used tires on a lot, except that a tire retail store may include the temporary storage of up to 100 used tires awaiting disposal without being regulated by this term.
TOPS. The upper portion of a felled tree not merchantable because of small size, taper, or defect.
TOWNHOUSE. See DWELLING TYPES.
TOWNSHIP. Upper Milford Township, Lehigh County, Pennsylvania.
TRADE/HOBBY SCHOOL or TRADE SCHOOL.
(1) A facility that:
(a) Is primarily intended for education of a work-related skill or craft or a hobby; and
(b) Does not primarily provide state-required education to persons under age 16.
(2) Examples include a dancing school, martial arts school, cosmetology school or ceramics school.
TRADESPERSON. A person involved with building trades, such as but not limited to: plumbing; electrical work; building construction; building remodeling; and roofing.
TREATMENT CENTER.
(1) A use (other than a prison or a hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:
(A) Criminal rehabilitation, such as a criminal halfway house;
(B) Current addiction to a controlled substance that was used in an illegal manner or alcohol; and/or
(C) A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.
(2) Also, a group home that exceeds the number of residents allowed by this chapter within a group home shall be regulated as a TREATMENT CENTER, unless approved otherwise under § 155.029(D).
TREE. A perennial woody plant having a main trunk with a diameter of one and one-half inches or greater, unless a differing measurement is provided for a specific purpose of this chapter.
TROUT STREAM. Any cold water stream which supports a trout fishery that is managed, stocked, or regulated by the Pennsylvania Fish Commission.
UNIT FOR CARE OF RELATIVE. A dwelling unit that:
(1) Is especially created for and limited to occupancy by a close “relative” of the permanent residents of the principal dwelling unit;
(2) Is necessary to provide needed care and supervision to such relative; and
(2) Meets the requirements for such use.
UNLICENSED VEHICLE. Any motor vehicle or trailer that does not display a license plate with a current registration sticker or does not have a valid state safety inspection sticker. The requirement for a safety inspection sticker shall not apply to vehicles (such as licensed antique cars and trailers of less than 3,000 pounds aggregate gross vehicle weight) for which state regulations do not require such a sticker. The term shall not include a motor vehicle displaying an inspection sticker that expired less than 30 days previously.
USE. The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. USES specifically include, but are not limited to the following: activity within a structure; activity outside of a structure; any structure; recreational vehicle storage; or parking of commercial vehicles on a lot.
VARIANCE. The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of the zoning chapter. Any VARIANCE shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. See § 155.029.
WALL. See FENCE.
WAREHOUSE. A building or group of buildings primarily used for the indoor storage, transfer, and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.
WATERCOURSE. A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATER SERVICE, CENTRAL. Water supply service to a building by a township-approved water supply system that serves 20 or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
WATER SERVICE, ON-LOT. Water supply service to a building that does not meet the definition of central water service, such as, but not limited to, an individual on-lot well.
WATER SERVICE, PUBLIC. Central water service by a system owned and/or operated by a municipality or a municipal authority.
WETLANDS. An area of land and/or water meeting one or more definitions of a wetland under federal and/or state law and/or regulations.
WIRELESS COMMUNICATIONS FACILITIES. A structure, partially or wholly exterior to a building, used for transmitting or re-transmitting electronic signals through the air, and that does not meet the definition of a standard antenna. WIRELESS COMMUNICATIONS FACILITIES shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to re-transmit wireless telecommunications. A WIRELESS COMMUNICATIONS FACILITY tower shall be a structure over 30 feet in height that is primarily intended to support one or more antenna. See standards in § 155.074(E)(46). This term shall not include a standard antenna.
(A) LATTICE TOWER. A wireless communications tower that is guyed or self-supporting with an open steel-frame structure.
(B) MONOPOLE TOWER. A wireless communications tower that involves a single shaft as its structural support.
YARD.
(1) An open area unobstructed from the ground to the sky that is not permitted to be covered by buildings and principal structures and that is on the same lot as the subject structure or use. A MINIMUM YARD is also known as a minimum setback. Each REQUIRED YARD shall be measured inward from the abutting lot line or existing street right-of-way (as exists after completion of any subdivision or land development). Regulations of each district prohibit principal and accessory structures within the specified MINIMUM YARDS.
(2) Private streets: for a building setback measured from a private street, the setback shall be measured from the existing street right-of-way/easement or 15 feet from the center of the cartway, whichever is more restrictive.
YARD, FRONT or FRONT SETBACK. A yard measured from and running parallel to the front lot line or street right-of-way line (as exists after the completion of any subdivision or land development) the full width of the lot from side lot line to side lot line.
(1) The FRONT YARD shall be on a side that faces towards a public street.
(2) See § 155.092 concerning yards along corner lots.
YARD, REAR or REAR SETBACK.
(1) A yard extending the full width of the lot and which is measured from along the rear line and which establishes the minimum setback for the subject structure, and which stretches between the side lot lines parallel to the rear lot line.
(2) A principal building shall not extend into the required REAR YARD SETBACK for a principal building, and an accessory structure shall not extend into the required REAR YARD for an accessory structure, except as provided in this chapter.
(3) Every lot shall include a rear lot line and a REAR YARD.
YARD, SIDE or SIDE SETBACK.
(A) A yard which establishes the minimum setback for the closest portion of the subject structure, and which is measured from along the entire length of the side lot line, and which extends from the front setback line to the rear lot line.
(B) A structure shall not extend into the applicable minimum side yard setback, except as provided for in this chapter.
(C) See CORNER LOT provisions.
(D) A triangular lot shall include one SIDE YARD. All other lots shall include at least two SIDE YARDS, except for a corner lot.
YIELD PLAN. A plan required to be submitted to the township by the applicant under certain provisions of the zoning chapter. The YIELD PLAN shall accurately show the maximum number of dwelling units that would be possible under current township ordinances if certain optional development provisions would not be used, and instead the provisions for conventional development under the current zoning district would be used. A YIELD PLAN shall be completed to an accurate scale, including accurately showing the existing feature map information. The YIELD PLAN shall show potential lots, streets and retention/detention pond locations.
ZONING MAP. The Official Zoning Map of Upper Milford Township, Lehigh County, Pennsylvania.
ZONING OFFICER. The person charged with the duty of enforcing the provisions of the zoning chapter, and any officially designated assistant.
ZONING OVERLAY DISTRICT. A special purpose zoning district that is superimposed over an existing zoning district(s), and, as such, the provisions of an overlay district shall serve as a supplement to the underlying district provisions in such designated area(s). An OVERLAY ZONING DISTRICT may encompass mor than one zoning district or may encompass only a portion of a zoning district. Where there happens to be any conflict between the provisions of requirements of a zoning overlay district and its underlying district, the provisions of the overlay zoning district shall apply. In the absence of a specific standard for a zoning overlay district, the provisions of the underlying zoning district shall apply.
(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013; Ord. 140, passed 5-7-2015; Ord. 153, passed 8-17-2017; Ord. 157, passed 9-6-2018; Ord. 161, passed 4-18-2019; Ord. 168, passed 8-18-2022; Ord. 170, passed - -2023)