Bristol Township City Zoning Code
ARTICLE I
Title; Purpose; Authority and Statement of Community Goals and Objectives; Definitions
§ 205-1 Title.
An ordinance regulating the location, height, bulk, erection, construction, reconstruction, alteration, razing, removal and size of structures; the percentage of lot which may be occupied; the size of yards, courts and other open spaces; the establishment of building lines and setback requirements on public roads or highways; the provision of parking facilities; the density and distribution of population; the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes; and the uses of land for water supply, conservation, or other purposes, in all portions of Bristol Township; and providing for the administration, enforcement, and amendment of this ordinance in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
§ 205-2 Short title.
This chapter shall be known and may be cited as the "Bristol Township Zoning Ordinance."
§ 205-3 Purposes.
This chapter is enacted for the following purposes:
A.
To implement the Bristol Township Comprehensive Plan.
B.
To promote, protect and facilitate the public health, safety, general welfare, coordinated and practical community development, proper density of population, emergency management preparedness and operations, airports, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewage, schools, recreational facilities, and public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial and industrial uses, and other public requirements, as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers, floodplains and other natural resources.
C.
To prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
D.
To provide for the use of land within the Township for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks; provided, however, that a Zoning Ordinance shall not be deemed invalid for the failure to provide for any other specific dwelling type.
§ 205-4 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
A.
Whenever any regulations made under authority of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this chapter shall govern.
B.
Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this chapter, the provisions of such statute shall govern.
C.
This chapter does not repeal, abrogate, annual or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
§ 205-5 Applicability.
A.
This chapter requires that, within Bristol Township, no land, body of water or structure shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all regulations and procedures herein specified for the district in which such land, body of water or structure is located.
B.
Any existing structure and any existing use of structure or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended or changed subject to the special regulations herein provided with respect to nonconforming structures or uses.[1]
§ 205-6 Statutory authority.
§ 205-7 County authority.
The Bucks County Planning Commission is empowered under Section 304 of the Pennsylvania Municipalities Planning Code (Act 247, as amended)[1], to submit its recommendations on the proposed adoption, amendment or repeal of any municipal zoning ordinance or part thereof. Proposals shall be submitted to the County Planning Commission at least 45 days in advance of any proposed action by the Township.
[1]
Editor's Note: See 53 P.S. § 10304.
§ 205-8 Separability.
It is hereby declared to be the intent of Council that:
A.
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B.
If a court of competent jurisdiction finds that application of any provision or provisions of this chapter to any lot, building, or other structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be affected.
§ 205-9 Statement of community goals and objectives.
The following statement of community goals and objectives is designed to guide growth and development in Bristol Township. These goals and objectives are identified in the Bristol Township Comprehensive Plan. This statement is in compliance with the requirements of Section 606 of the Pennsylvania Municipalities Planning Code (Act 247, as amended).[1]
A.
Land use policy.
(1)
Attract new industry and create new tax ratables in the light industrial, office, and retail service sectors of the Township's economic base through the development of light industrial uses, planned industrial parks, planned office parks, and consolidated areas of new retail development.
(2)
Redevelop lands which were formerly utilized on a low-density basis for manufacturing and transportation (airport property) and to reprogram the reutilization of these sites as productive industrial and business parks.
(3)
Reinforce the existing, clearly established residential neighborhoods within the Township and to provide adequate services and support facilities for present and future residents of these neighborhoods. The existing system of community facilities serving the Township, which includes schools, parks, recreational facilities, churches, and semipublic organizations, is proposed for retention and limited expansion.
(4)
Components of the Community Facilities Plan, which are lacking in the Township, include a community center, municipally owned and controlled park lands at strategic locations, adequate expansion for the Township Building, and a municipally owned or controlled boat launch site on the Delaware River.
(5)
Limit growth of strip commercial uses along major Township thoroughfares. The consolidation of commercial uses at primary present locations is proposed for continuance in a more clearly defined manner.
(6)
The Proposed Land Use Plan designates a substantial amount of property located in the vicinity of the Route 413-Bath Road and Durham Road intersection, encompassing both existing commercial activities and proposed commercial redevelopment in the form of a new shopping center(s) reutilizing lands which are presently zoned for retail use but underutilized.
(7)
The protection of environmentally sensitive areas and remaining open space is a primary goal of the Bristol Township Comprehensive Plan. The plan formally designates environmentally sensitive areas with the intent of limiting developers to respect this critical resource.
B.
Residential land use.
(1)
Goal: The basic residential land use goal is to provide and maintain a healthy, safe, attractive, and stimulating environment in which all segments of the present and future population may enjoy a complete life.
(2)
Objectives:
(a)
Provision of safe and convenient access to shopping, employment, recreational, and cultural activities.
(b)
Protection of living areas from smoke, noise, air pollution and other nuisances.
(c)
Provision of a variety of housing types in terms of price, location, structure type, and tenure in suitable locations to meet the varying needs of all families.
(d)
Provision of adequate living space, especially in terms of open space.
(e)
Maintenance of the older housing stock so as to prevent physical deterioration of structures, prevent overcrowding of dwelling units and prevent overall neighborhood decline.
(f)
Protection of floodplain areas in residential and nonresidential development and avoidance of development in areas of excessive slopes unless proper consideration is given to the problems of development.
C.
Commercial land use.
(1)
Goal: The commercial land use goal is to encourage and strengthen a viable amount of various types of well-located, well-designed commercial developments with primary emphasis on safety, convenience and attractiveness.
(2)
Objectives:
(a)
Consolidation of older, declining ribbon commercial development into more clustered centers of high-intensity use so as to reduce traffic hazards and enhance convenience.
(b)
Encouragement of the separation of commercial traffic from through traffic by controlling ingress and egress points, and by requiring off-street parking and loading facilities.
(c)
Encouragement of the growth of those commercial uses which serve the community, with special emphasis on the conversion of buildings to office and professional service uses at appropriate locations.
D.
Industrial land use.
(1)
Goal: The basic industrial land use goal is to encourage and strengthen those industries which are of greater benefit than harm to the community.
(2)
Objectives:
(a)
Separation of industrial and residential areas from each other so as to prevent either from blighting the other.
(b)
Strict control of undesirable influences of industry (smoke, odor, noise) so as to prevent hazards to the public health and safety by such means as performance zoning standards.
(c)
Encouragement of the expansion of existing industry and the attraction of new industry to the Township.
(d)
Encouragement of the reutilization of former heavy industrial complexes and their conversion to functional and attractive new industrial parks.
E.
Circulation.
(1)
Goal: To achieve a safe, efficient, rapid, and pleasant circulation system for both necessary and pleasure trips incorporating a variety of modes, including vehicular, bicycle, horseback, and pedestrian travel.
(2)
Objectives:
(a)
Review of all development proposals for appropriate vehicular access in keeping with road classifications and access guidelines set up by the Circulation Element of the Comprehensive Plan.
(b)
Development of a plan for a network of recreational paths, accommodating pedestrians and bicycles traversing Bristol Township, primarily following floodplains, drainage areas, the Delaware Canal, and other defined open space corridors.
(c)
Encouragement of improvements to public transportation systems, including SEPTA bus routes and improvements to commuter rail stations.
F.
Recreation land use.
(1)
Goal: The major recreation goal is to provide adequate parks and recreation facilities for all age groups and interests.
(2)
Objectives:
(a)
Construction of a centrally located community center for use by all citizens of all age groups in Bristol Township.
(b)
Protection of streams and floodplains for the recreation and natural environmental value through a program of land use controls.
(c)
Maintenance and improvement of all recreational sites in the Township, including not only those owned by the Township but those owned and operated by the county and school district.
(d)
Creation of cultural/recreational facilities for the use and enjoyment of Township residents. Outdoor performing arts and band shell should be constructed adjacent to the proposed community center.
[1]
Editor's Note: See 53 P.S. § 10606.
§ 205-10 Word usage.
A.
Unless a contrary intention clearly appears, the following words and phrases shall have for the purpose of this chapter, the meanings given in the following clauses.
B.
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
(1)
Words used in the present tense include the future.
(2)
The singular includes the plural.
(3)
The word "person" includes a firm, corporation, partnership, company, association, or government entities including a trustee, a receiver, an assignee or a similar representative, as well as the individual.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The word "shall" is mandatory.
(6)
The word "Township" always means Bristol Township.
(7)
The word "Commission" and the words "Planning Commission" always mean the Bristol Township Planning Commission.
(8)
The word "Council" and the words "Township Council" always mean the Bristol Township Council.
(9)
The word "Board" and the words "Zoning Hearing Board" always mean the Bristol Township Zoning Hearing Board.
(10)
The word "Secretary" shall mean the Secretary of the Township of Bristol.
(11)
The words "Managing Director" shall also mean his/her designee.
(12)
The words "Comprehensive Plan" always mean the Bristol Township Comprehensive Plan.
(14)
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be occupied."
C.
Any word or term not defined herein shall be used with a meaning of standard usage.
§ 205-11 Definitions.
[Added 10-20-2022 by Ord. No. 2022-13; 11-10-2022 by Ord. No. 2022-17; 3-16-2017 by Ord. No. 2017-01; 3-16-2017 by Ord. No. 2017-03l; amended 8-18-2016 by Ord. No. 2016-03]
The following specific definitions apply in this chapter:
ACCESSORY BUILDING OR STRUCTURE
See "building or structure, accessory."
ACCESSORY USE
See "use, accessory."
As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement or diminution, whether by extending on any side or by increasing in height, the moving from one location or position to another, or any change in use from one classification to another.
A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164) known as the "Municipality Authorities Act of 1945."[1]
A story partly under ground, but having 1/2 or more of its height (measured from the floor to ceiling) above the average finished grade level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement or for the determination of square footage or floor area only if the vertical distance between the ceiling and the average level of the adjoining ground is more than six feet, or it is used for business or dwelling purposes.
A person occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for such room or rooms by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder, or lodger but as a guest of a commercial lodging establishment (motel, hotel, inn, guesthouse).
A strip of required yard space adjacent to a use or facility within a property, or to the boundary of a property or district, on which is located a visual barrier of sufficient height and density to appropriately screen the property or use.
A structure having a roof which is used or intended to be used for the shelter or enclosure of persons, animals, or property. The word "building" shall include any part thereof.
DETACHED
A building which has no party wall.
SEMIDETACHED
A building which has only one party wall in common with an adjacent building.
ATTACHED
A building which has two party walls in common with adjacent buildings.
BUILDING OR STRUCTURE, ACCESSORY
A building or structure located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
BUILDING, PRINCIPAL
A building in which is conducted; or is intended to be conducted, the principal use of the lot on which it is located.
The total of the areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps and measured from the exterior of outside walls.
The percentage of the lot area covered by the building area.
The area of a lot that has no development restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which would cross yards), buffer yards, natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in §§ 205-107B and 205-108 of this chapter.
The vertical distance of a building or structure measured from the mean level of the ground abutting the building or structure to the highest point of the roof or the structure.
FRONT
A line parallel to a street line at a distance therefrom equal to the depth of the minimum front yard requirement.
SIDE
A line parallel to the side lot line at a distance therefrom equal to the depth of the minimum side yard requirement.
REAR
A line parallel to the rear lot line at a distance therefrom equal to the depth of the minimum rear yard requirement.
The minimum distance between buildings. The building spacing shall be measured from outermost wall or projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices, and gutters, provided that these exceptions do not encroach more than two feet.
The hard or paved surface portion of any street, or that portion of a street customarily used by vehicles in the regular course of travel over the street.
A story partly underground and having more than one-half of its height (measured from floor to ceiling) below the average finished grade level of the adjoining ground. A cellar is not counted as a story for the purposes of height measurement or the determination of square footage or floor area unless the cellar is used for dwelling, office, or business purposes.
A certificate stating that all work indicated on a building permit has been completed in compliance with Township regulations.
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. A condominium is a unit with all of the following characteristics:
The unit may be any permitted land use. A condominium is an ownership arrangement, not a land use.
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101, et seq., and in accordance with the provisions for open space, roads, or other development features as specified in this chapter and Chapter 177, Subdivision and Land Development.
Final adjudication of any board or other body granted jurisdiction under this chapter or the Pennsylvania Municipalities Planning Code (Act 247, as amended) to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Township lies.
The Department of Health of the Commonwealth of Pennsylvania.
A measure of the number of dwelling units per acre calculated by dividing the number of dwelling units by the base site area.
Any man-made change improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
Any vehicle-related commercial facility in which a service is provided, or goods, food or beverage are sold to the operator of, or passengers in, a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle.
A minor vehicular way providing access between a street and parking area or garage within a lot or property.
A building containing one or more dwelling units designed or used exclusively as living quarters, excluding a hotel, motel, inn, rooming house, tourist home, institutional home and the like, but including the following:
SINGLE-FAMILY DETACHED DWELLING
A dwelling having only one dwelling unit from ground to roof, designed and occupied exclusively as a residence for one family, having independent outside access and having yards on all sides, including a manufactured home or mobile home.
TWO-FAMILY DWELLING (TWIN OR DUPLEX DWELLING)
A structure containing two dwelling units, each of which is totally separated from the other by a solid wall extending from ground to roof or a solid ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell.
SINGLE-FAMILY ATTACHED DWELLING (TOWNHOUSE DWELLING)
A dwelling designed and occupied exclusively as a residence for one family, having independent outside access attached to but separated from adjoining dwellings by not more than two party walls and not a two-family dwelling.
MULTIPLE-FAMILY DWELLING
A dwelling having three or more dwelling units that are completely separated by party walls but share outside access.
A room or series of connected rooms containing living, cooking, sleeping, and sanitary facilities for one family. The dwelling unit shall be self-contained and shall not have common hallways passing through another dwelling unit nor shall there be shared facilities with another housekeeping unit.
Any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as "juice," and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason, e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.
A grant of the specified use of a parcel of land by the property owner to the public, a corporation, or a person.
An assemblage of equipment for purposes other than generation or utilization through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts an electric substation shall not include rotating equipment, storage of materials, trucks or repair facilities, or housing or repair crews.
A person who is employed or is engaged in gainful activity. This term is utilized in the parking standards of this chapter as a measure of the number of parking spaces required. It shall refer to the maximum number of employees on duty at any time, at a place of business, whether the employees are fullor part-time. If shifts are involved in which two shifts overlap, it refers to the total of both shifts.
A registered professional engineer licensed as such in the Commonwealth of Pennsylvania.
An economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.
Any chemical compound or other substance intended for the purpose of producing an explosion or which contains oxidizing or combustible units or other ingredients in such proportions or quantities that ignition by fire, by friction, by concussion, by percussion, by induction or by detonation may produce an explosion capable of causing injury to persons or damage to property.
A group of individuals related by blood, marriage, adoption or guardianship living together as a single housekeeping unit with single cooking facilities; or a group of not less than six persons who need not be so related who are living together in a single dwelling and maintaining a common household with single cooking facilities, including occupants that are mentally or physically handicapped persons, as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. These uses shall be distinguished from a group of individuals occupying a boardinghouse, club, fraternity, motel or inn.
Any building used for storing agricultural equipment or farm produce, housing livestock or poultry and processing dairy products. The term "farm building" shall not include dwellings.
A barrier or partition having any combination of posts, wire, lumber, stone, brick, or similar materials in which the principal dimensions are height and length and which does not support and is not attached to a ceiling or roof.
The sum of the areas of the floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy, nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment.
The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.
GARAGE, PRIVATE or CARPORT
A structure which is accessory to, attached to, or part of a dwelling unit which is used for the temporary storage of one or more vehicles owned and operated by the residents thereof.
GARAGE, PUBLIC
A deck, building, or structure, a separate commercial enterprise available to the general public, other than a private garage, one or more stories in height, used for the temporary storage of motor vehicles.
Garbage, refuse, or sludge from an industrial or other wastewater treatment plant; sludge from a water supply treatment plant or air pollution control facility; and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities; or a combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may do one of the following:
Cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
An administrative proceeding conducted by Township Council or the Zoning Hearing Board pursuant to this chapter.
An activity for gain customarily carried on in a dwelling, or in a building or structure accessory to a dwelling, clearly incidental and secondary to the use of the dwelling for residential purposes.
Any establishment that is dedicated, in whole or in part, to the smoking of a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as a "hookah," and also known as a narghile, argileh, shisha, hubble-bubble, and goza, or any similar device.
A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation. Wetlands vegetation are those plant species that have adapted to the saturated soils and periodic inundations occurring in wetlands. The following soils, classified in the Soils Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department of Agriculture, Soils Conservation Service, July 1975, are hydric soils:
Surfaces which do not absorb water including all buildings and paved or hard surfaces. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition shall also be classified as impervious.
A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the net buildable site area.
Any alteration of a lot, tract, or parcel of land or any structure thereon which requires the issuance of a building permit and which is designed to accommodate a new use category or a change from one use category to another use category under this chapter or to accommodate a change within a single use category where that change results in the application of a new or more stringent zoning ordinance requirement.
A permanent body of water, naturally occurring or man-made, covering an area of two or more acres.
The landside edge of lakes from established shoreline to an upland boundary. Lake shorelines shall be measured 100 feet from the spillway crest elevation.
A parcel of land, used or set aside and available for use as the site of one or more buildings and any buildings accessory thereto or for any other purpose, in one ownership and not divided by a street, nor including any land within the right-of-way of a public or private street upon which said lot abuts, even if the ownership to such right-of-way is in the owner of the lot. A lot for the purpose of this chapter may or may not coincide with a lot of record.
The area contained within the property lines on the lot excluding any area within an existing or designated future street right-of-way.
The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
Any boundary of a lot.
Ordinarily the street line except in the circumstance where a lot is bounded by streets on more than one side, in which case all street lines would be regarded as the front lot lines.
A lot line which is opposite and most distant from the front lot line. If the rear lot line is less than 20 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 20 feet in length within the lot, between the side lot lines, parallel to and at the maximum distance from the front lot line. For a corner lot, of the two lot lines opposite the front lot lines, that which is most distant will be the rear lot line.
Any lot line that is not a front lot line or a rear lot line.
An interior lot having frontage on two parallel or approximately parallel streets. Can also be referred to as a "double frontage lot."
The distance measured between the side lot lines at the minimum building setback line as defined in the definition of "building setback line." In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line.
A lot on the junction of and abutting two or more streets where the interior angle of the intersection does not exceed 135°.
A lot extending between and having frontage on a major thoroughfare and a local street, and with vehicular access solely from the latter.
A parcel of land which does not have the required minimum lot width at the minimum front yard line but which attains the minimum lot width required at a distance from the right-of-way line greater than the minimum front yard setback. The lot has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the lane) are parallel or nearly parallel.
A dwelling manufactured under the authority of 42 U.S.C. § 540 of the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis and is used as a place of human habitation, but is not constructed with a permanent hitch other than for the purpose of delivery to a permanent site and which does not have wheels or axles permanently attached to its body or frame.
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.
Marijuana for certified medical use as set forth in the Medical Marijuana Act.
Act 16 of 2016, 35 P.S. § 10231.101 et seq.
A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit issued by the Department of Health to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit from the Department of Health under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
A medical marijuana dispensary or a medical marijuana grower/processor. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a mobile home.
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
A dwelling unit erected on a foundation and made of one or more sections built in a factory. The completed unit must meet the Building Code[3] which is in effect and is considered to be real property.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for Bristol Township.
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[4] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
A lot the area or dimensions of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A structure or part of a structure which does not comply with the applicable area, setback, yard, building height, location, size, impervious surface and/or other dimensional requirements of this chapter or amendment heretofore or hereafter enacted where such structure lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include but are not limited to nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
An area of land or of water, or a combination of land and water, within a development site designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas, areas set aside for public facilities, private yards, and stormwater management facilities.
A measurement of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the base site area.
A portion of a lot area designed for the primary use of the temporary storage of more than one vehicle.
An off-street area on a lot with an all-weather surface available for the storage of one motor vehicle and having dimensions as required by Section 509 in the Bristol Township Subdivision and Land Development Ordinance,[5] exclusive of passageways and driveways appurtenant thereto, and having individual direct access to a street without moving another vehicle.
An authorization issued by the Department of Health to a medical marijuana organization to conduct activities under the Medical Marijuana Act.
A permanent body of water, naturally occurring or man-made, covering an area of up to two acres.
The landside edge of ponds from established shoreline to an upland boundary. Pond shorelines shall be measured 100 feet from the spillway crest elevation.
See "building, principal." PRINCIPAL USE — See "use, principal."
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, as amended.
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[6]
Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon their recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of production.
Any garbage, refuse, other discarded material or other raw material, or reuse of metals, glass, paper, plastics, and other materials which would otherwise be disposed or processed as municipal waste.
Land set aside for use as a street or other means of travel, or for use by a utility. The usage of the term "right-of-way" for land plotting purposes in the Township shall mean that every right-of-way hereafter established and shown on a final record plan is to be separate and distinct from lots or parcels adjoining such right-of-way, and not included with the dimensions or areas of such lots or parcels when it is a dedicated street right-of-way.
The legal right-of-way as established by the· commonwealth or other appropriate governing authority and currently in existence.
The lines that form the boundaries of a right-of-way.
Any sanitary sewer, sewage system, sewage treatment works or parts thereof designed, intended or constructed for the collection, treatment and satisfactory disposal of sanitary waste and industrial sewage.
PUBLIC SEWER
Any municipal or privately owned sewer system in which sewage is collected from buildings from more than one lot and/or dwelling unit and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer. This shall include capped sewers.
PRIVATE SEWER
An on-lot approved disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot.
Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce, or identify the purpose of a person or entity, or to communicate information of any kind to the public. For definitions and regulations of specific types of signs, see Article XXIX of this chapter.
The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.
All land area within the site as defined in the deed. This area shall be from an actual site survey rather than from a deed description.
The area of the site remaining after subtracting land which is not contiguous, land previously subdivided, and road and utility rights-of-way from the site area.
The area of the site which may be altered, disturbed or regraded for development purposes. The net buildable site area could contain buildings, roads, parking areas, sewage systems and stormwater management facilities. The net buildable site area would not contain required natural resource protection land, as calculated by § 205-107.
The maximum number of lots or dwelling units, the maximum impervious surfaces, the buildable portion of the site, and the minimum required open space as calculated under the provisions of § 205-107, Site capacity calculations.
An area having specific boundaries and encompassing an existing or proposed land development, subdivision, or residence.
Any premises having more than 250 square feet dedicated to the delivery, display, distribution, furnishing, marketing, offering and/or sale of cigarettes, cigars, e-cigarettes, chewing tobacco or other tobacco products and paraphernalia.
A use permitted in a particular zoning district pursuant to the provisions of § 205-187 of this chapter.
Areas where the average slope exceeds 8% which, because of this slope, are subject to high rates of stormwater runoff and, therefore, erosion and flooding.
That part of a building located between a floor and the floor or roof next above it. The first story of a building is the lowest story having 112 or more of its wall area above average finished grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor.
That story with its floor level immediately above the average finished grade level of the adjoining ground at any particular point or side of the building.
A public way used or intended to be used for passage or travel by motor vehicles and includes the land between the street lines whether improved or unimproved and may comprise pavement, shoulders, gutters, sidewalks, and other areas within the street lines. The word "street" includes the words "road," "highway," "thoroughfare," and "way." Street are further classified by the functions they perform:
MAJOR THOROUGHFARES(1) (2) (3)
EXPRESSWAYS
Designed for large volumes of high-speed traffic and limited access.
ARTERIAL STREET
Designed for large volumes and high-speed traffic with access to abutting properties controlled.
COLLECTOR STREET
Designed to carry a moderate volume of fast-moving traffic from primary and secondary streets to arterial streets, with access to abutting properties controlled.
LOCAL STREETS(1) (2) (3)
PRIMARY STREET
Designed to carry a moderate volume of traffic, to intercept secondary residential streets and driveway of high-density residential uses, industrial parks, and other high traffic-generating uses, to provide routes to collector streets and community facilities, and to provide access to abutting properties.
SECONDARY STREET
Designed to provide access to abutting properties and a route to primary streets.
MARGINAL ACCESS STREET
A secondary street which is parallel to and adjacent to an expressway, arterial or collector street and which provides access to abutting properties and protection from through traffic.
Area where two or more streets join.
The dividing line between the street and the lot. The street line shall be the same as the existing (legal) right-of-way line; provided, that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
The structure in which the electronic receiving and relay equipment for a cellular telecommunications facility is housed.
A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radio-telephone messages between subscribers, and other business of the telephone company; but in residence districts not to include public business facilities, storage of materials, trucking or repair facilities, or housing or repair crews.
Any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-113(a)(33).
Any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this section, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
See "smoke shop."
[Added 10-20-2022 by Ord. No. 2022-13]
A dwelling in which rooms for overnight sleeping accommodations are provided for or offered to transient guests for compensation.
A structure intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such structures include monopoles and lattice construction steel structures.
A nonmotorized vehicle designed to be hauled, and used for such purposes as holding materials, goods or objects.
An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
Any activity, occupation, business or operation carried on or intended to be carried on, in a building or other structure, or on a lot, tract or parcel.
A use located on the same lot with a principal use, and clearly incidental or subordinate to, and in connection with, the principal use.
The main use on a lot.
Those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles and the like).
Any water works, water supply works, water distribution system, or part thereof designed, intended or constructed to provide or distribute potable water.
Any channel of conveyance of surface water having defined groundwater and surface water resources within the Township.
Those area that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
Areas comprising 1/4 acre or more of wooded land where the largest trees measure at least six inches diameter at breast height (dbh) or 4 1/2 feet above the ground. Woodlands are also a grove of trees forming one canopy where 10 or more trees measure at least 10 inches dbh. The woodland shall be measured from the dripline of the outer trees.
An open space unobstructed from the ground up except for permitted projections and plantings, on the same lot with a structure, extending along a lot line or street line and inward to the structure.
In the case of corner lots, the yards extending along the street shall be considered front yards and shall have setbacks in accordance with the requirements in this chapter.
A yard extending across the width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be not less than the required front yard setback as specified for the applicable district in this chapter.
A yard extending across the full width of the lot and lying between the rear lot line and closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent lines of a curved rear lot line. The minimum required rear yard shall not be less than the required rear yard setback as specified for the applicable district in this chapter.
A yard extending across the full width of the lot and lying between the side lot line and closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight line, or the tangent lines of curved lot lines. The minimum required side yard shall not be less than the required side yard setback as specified for the applicable district in this chapter.