Covington Township Tioga County
City Zoning Code
City Zoning Code
PART 2
INTERPRETATIONS AND DEFINITIONS
§ 27-201 Interpretations.
[Ord. 12-10-12(E), 12/10/2012, § 27-201]
1.
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of the chapter:
A.
Words used in the present tense include the future tense.
B.
Words used in the singular shall include the plural; words used in the plural shall include the singular.
C.
The words "shall" and "will" are always mandatory.
D.
The word "may" is permissive.
E.
The words "person," "owner," or "developer" includes all profit or nonprofit corporations, companies, partnerships, associations or individuals.
F.
The words "used" or "occupied," as applied to any land or building, include the words "intended," "arranged," "designed," "constructed," "altered," "converted," "rented," or "leased."
G.
The word "building" includes "structure" and any part thereof.
H.
The word "lot" includes the words "plot" or "parcel."
I.
The word "includes" or "including" shall not limit the term to the specified example, but is intended to extend its meaning to all other instances of like kind and character.
J.
Throughout this chapter, "district" and "zone" are used interchangeably.
§ 27-202 Definitions.
[Ord. 12-10-12(E), 12/10/2012, § 27-202; as amended by Ord. No. 1-2019, 11/13/2019; by Ord. No. 2-2019, 11/13/2019; by Ord. No. 1-2024, 8/12/2024]
Unless otherwise expressly stated, for the purposes of this chapter, the following words, terms and phrases shall have the meaning herein indicated:
A subordinate building or portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use.
The Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as reenacted and amended, and all future amendments.
Adult bookstores, topless or bottomless bars, theaters, dance clubs, massage parlors, and similar establishments providing entertainment and/or the retail sale of books, magazines, newspapers, movies, slides, films devices or other photographic or written reproductions depicting nudity or sexual conduct.
A device used to collect or transmit telecommunications or radio signals.
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, patios, terraces and steps.
The area of a horizontal plane bounded by the front, rear and side lines of a lot.
A nonrestaurant, short-term, transient lodging allowed in a residence that provides pre-arranged meals only to a limited number of lodgers, as qualified persons. It must be owner-occupied, with a minimum of signs, no special external appearance, with off-street parking required on the site screened from neighbors. Lodgers are limited to a fourteen-day stay to avoid becoming multifamily rental dwellings.
The Township Board of Supervisors.
Any structure used for the shelter, housing or enclosure of persons, animals or property. The word "building" includes "structure" and shall be construed as if followed by the phrase, "or part thereof."
That percentage of the plot of land area covered by the principal and accessory buildings (including covered porches, carports and breezeways but excluding open patios and porches, terraces and steps).
The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
The line of that face of the building nearest the frontline of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps or patios.
Concentrated animal feeding operations, large feedlot type operations for hogs, cattle, or fowl.
A facility consisting of the equipment and structures involved in receiving telecommunication or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
The restoration of land to its original contours and condition. The restoration shall commence on lands already worked while work progresses on other land.
A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain sites within a district only when in compliance with specific criteria and conditions. Conditional uses are granted by the Board of Supervisors.
A retail sale business which includes gas stations and the preparation and sale of food.
A cylindrical hole drilled vertically into the crust of the earth to make observations concerning the state of or condition of the crust.
A horizontal or near horizontal tunnel into the crust of the earth. There may be openings on the surface, but the bulk of the tunneling is beneath the normal surface of the ground.
A territorial division marked off or delineated by boundaries relating to types of land use as designated by this chapter.
A building or portion thereof designed or used as the living quarters for one or more persons. The term dwelling shall not be deemed to include automobile court, rooming house, tourist home, hotel, hospital, nursing home, bed-and-breakfast, dormitory, fraternity or sorority house or other student residence as defined herein. A travel trailer/RV is not considered a dwelling.
One or more rooms, including complete kitchen (or kitchenette) and sanitary facilities in a structure or portion thereof, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
A dwelling unit accommodating a single-family and having two side yards, including a mobile home.
Two dwelling units accommodating two families which are attached side by side through the use of a party wall and having one side yard adjacent to each dwelling unit.
Two dwelling units accommodating two families entirely separated by vertical walls or horizontal floors, and having two side yards.
Four dwelling units accommodating four families, two units which are attached side by side to the other two units through the use of a party wall, and having one side yard adjacent to each first story unit.
Three or more dwelling units accommodating three or more families living independently of each other.
Authorization by a property owner for use by another of any designated part of his property for a specified purpose.
That person designated by the Board of Supervisors to carry out the administration and enforcement of this chapter.
The construction, erection, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, telephone transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or agencies or for the public health or safety or general welfare.
Extraction use shall include the mining and quarrying of coal, sand, clay, dolomite, shale, sandstone, gravel, topsoil, and similar materials, including borrow pits (excavations for removing material and filling operations) which exceed 2,000 tons in any one-year period.
An abrupt embankment or escarpment where extraction activity had ended or terminated either temporarily or permanently.
A temporary location where equipment and/or material are assembled prior to their use at an oil or gas drilling site.
One or more persons who live together in one dwelling unit and maintain a common household. May consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption. May also include domestic servants and gratuitous guests.
Any parcel of land containing 10 or more acres which is used for gain in the raising of agriculture products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage equipment used.
An enclosed or covered space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
Any premises used for supplying gasoline, oil, minor accessories and service for automobiles at retail direct to the motorist consumer, including the making of minor repairs but not including major repairs, such as spray painting body, fender, clutch, transmission, differential, axle, spring and frame repairs, major overhauling of engines requiring removal there from the cylinder head or crankcase pan, repairs of radiator requiring removal thereof, complete recapping or retreading of tires.
The effect produced by light with intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
A solar energy system that is directly installed on solar racking systems or other systems which are attached to an anchor in the ground and wired to connect to an adjacent building. Ground-mounted systems may be appropriate when insufficient space, structural and shading issues, or other restrictions prohibit roof-mounted systems.
Any use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling and no goods are publicly displayed on the premises other than signs as provided herein; including, but not limited to, the following occupations: the professional practice of medicine, dentistry, architecture, law and engineering; artists, beauticians, barbers and veterinarians, excluding stables or kennels; and does not permit the employment of more than two persons not living on the premises.
A seasonal dwelling unit including mobile homes and travel trailers but not to include stripped down vehicles.
A facility or location used for the storage, staging or repair of equipment, inventory or vehicles used to support an industry or a commercial business.
Streams that do not flow continuously throughout the year.
Any worn, cast-off or discarded article or material which is ready for destruction or which has been collected or stored for sale, resale, salvage or conversion to some other use. Any such article or material which, unaltered, not needed to be disassembled or unfastened from, or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered to be junk.
The use of any lot for the storage, keeping or abandonment of junk, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. A "junkyard" shall include an automobile graveyard or motor vehicle graveyard.
Manufacturing operations which occupy or require five acres or more or have 25 or more employees.
Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter, and having its principal frontage on a road or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a zoning permit for a building on such land.
The area of a horizontal plane bounded by the front, rear and side lines.
The mean horizontal distance between the front lot line and the rear lot line.
The line separating the lot from a street.
The lot line opposite and most distant from the front lot line.
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
The property lines bounding the lot.
The mean horizontal distance between the side lot lines, measured parallel to the front lot line.
A lot other than a corner lot.
Any lot which does not conform with the minimum width, depth and area dimensions specified in this chapter for the district in which said lot is located.
The act of turning tree logs into usable products including, but not limited to, the following: sawing, drying and planning of lumber, composting of by-products, sale of products.
Is defined in 35 P.S. § 10231.103, all as amended and supplemented, and currently is as follows: "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 to dispense medical marijuana."
Is defined in 35 P.S. § 10231.103, all as amended and supplemented, and currently is as follows: "A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the department under this Act to grow and process medical marijuana."
A transportable, single-family dwelling, which may be towed on its own running gear, and which may be temporarily or permanently affixed to real estate, used for residential purposes, and constructed with the same, or similar, electrical, plumbing and sanitary facilities as immobile housing, but excluding prefabricated homes or sections thereof and also excluding travel trailers as defined herein.
A parcel of land which has been planned for the placement of two or more mobile homes.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business us; including, but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore of 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.
Well location assessment, including seismic operations, well site preparations, construction, drilling, hydraulic fracturing and site restoration associated with an oil or gas well of any depth.
Construction, installation, use, maintenance and repair of:
Oil and gas pipeline.
Construction, installation, use, maintenance and repair of all equipment directly associated with activities specified in Subparagraphs (1) and (2), to the extent that:
Stream or wetland that contains water at or near the surface throughout the year.
Any processing and/or treatment of solid or liquid waste (including, but not limited to, incineration, composting, steaming, shredding, compaction, material separation, recycling, refuse derived fuel, pyrolysis, etc.).
Any use of land or building which is specifically permitted within a specific zoning district under the provisions of this chapter.
An area used for a solar collection system principally used to capture solar energy, convert it to electrical energy, thermal power, or some other form of energy or power, and to supply that energy or power primarily for off-site use. PSES typically consist of one or more freestanding ground-mounted or roof-mounted solar collection devices, solar-related equipment, and other accessory structures and buildings, including without limitation light reflectors, concentrators, heat exchangers, substations, electrical infrastructure, transmission lines, and other appurtenant structures, and are typically rated over 10 kilowatt.
The major or dominant use of a lot or structure.
The record owner of the real estate on which a PSES is located.
A meeting open to the general public held pursuant to proper "public notice."
Notice published at least once each week for two successive weeks in a newspaper of general circulation in the Township. 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 be not more than 30 days or less than seven from the date of the hearing.
Land reserved for use as a street, alley, interior walk or for other public purposes.
Includes public and semipublic uses of a welfare or educational nature, such as hospitals, nursing homes, schools, parks, churches, cemeteries, civic centers, historical restorations, fire stations, municipal buildings, essential public utilities that require enclosure within a building; airports, fraternal clubs and homes; and nonprofit recreational facilities.
A series of steps and/or actions to return land to its original contour and condition.
A public way, which affords principal means of access to abutting properties.
Mills intended for the primary processing of timber or saw logs into lumber and shall exclude any secondary processing of the lumber thus produced.
A seasonal home is a structure which is utilized principally for recreation activity. It is not utilized as a domicile or residence for any individual for any time period, is not for commercial purposes, is not greater than two stories in height, excluding basement. It is not utilized by the owner or any other person as a place of employment, is not used as a mailing address for bills and correspondence and is not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration.
Wetlands that have water at or near the surface only during periods of abundant rainfall or snowmelt.
The distance which can be seen under normal conditions from a given point on the surface of the earth.
A plan depicting existing and/or proposed activities relating to the use of a parcel of land.
Manufacturing operations which occupy or require less than five acres or have fewer than 25 employees.
A grouping of multiple solar modules with the purpose of harvesting or converting solar energy.
The smallest basic solar electric device which generates electricity when exposed to light.
Radiant energy (direct, diffuse and/or reflective) received from the sun.
An energy system that consists of one or more solar collection devices, solar energy related "balance of system" equipment, and other associated infrastructure with the primary intention or use of generating and/or storing electricity, or otherwise converting solar energy into other forms of energy or power.
A grouping of solar cells with the purpose of harvesting or converting solar energy.
Items related to solar energy and solar energy systems, including without limitation solar photovoltaic cells, modules, or arrays, solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing, and foundations or other structures used or intended to be used for collection or conversion of solar energy.
Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such waste shall not include biological excrement or hazardous materials.
The elimination of or removal of solid waste normally through the (1) depositing of solid waste in a planned, controlled manner, (2) compacting the discarded matter in layers to reduce its volume, (3) covering the discarded material with a layer of earth, and (4) compacting the earth cover.
Land uses which are generally compatible in a district but which present unique problems in their placement because of noise, odors, smoke, heavy traffic, the handling and/or storage of noxious or dangerous materials, etc. Special exceptions must comply with specified criteria and are approved by the Zoning Hearing Board.
Areas where vehicles can park while waiting to be serviced.
The structure in which the electronic receiving and relay equipment for a cellular telecommunications facility is housed.
Returning the land to its original contours and conditions at the end of use rather than as the work is being done.
See "bed-and-breakfast."
A structure intended to support equipment used to transmit and/or receive telecommunications signals.
Any vehicle or structure designed and constructed in such manner as will permit temporary occupancy thereof as sleeping quarters for one or more persons or the conduct of any business or profession, occupation or trade (or use as a selling or advertising device) and so designed that it is, or may be mounted on wheels and used as a conveyance on highways, roads and streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks.
Any park, trailer park, trailer court, camp, site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for any travel trailer and upon which any travel trailer are parked and shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the travel trailer park and its facilities or not. "Travel trailer park" shall not include automobile or trailer sales lots on which unoccupied trailers are parked for the purposes of inspection and sale.
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
The occupancy of a building or of a lot for more than one use, such as: both a business and a residential use; both an industrial and residential use, etc.
The permission granted by the Zoning Hearing Board, following a public hearing that has been properly advertised as required by this chapter, for an adjustment to some regulation which if strictly adhered to would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of the chapter.
All those surfaces which may be viewed from a single point on the earth's surface under normal conditions.
A facility used to dilute, store, treat, process or change the composition of water by thinning, adding chemicals, removing impurities, or any other action that changes the molecular composition of the water.
A facility built by dams, dykes, and/or levees, or otherwise, for the purpose of storing water for commercial or private use.
Areas that are inundated or saturated by surface water 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.
An electric generating complex of wind towers, whose main purpose is to supply electricity, consisting of one or more wind towers as the primary use and other accessory structures and buildings, including sub-stations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
The total structure for converting wind sources into electricity through a system using a wind generator that includes the nacelle, rotor, blades, tower, foundation, and pad transformer with transmission lines sending the electricity to a power substation.
An open space which is unoccupied and unobstructed from the ground upward on the same lot with a building or structure.
A minimum required open space on the same lot with the principal building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
A minimum required open space between a principal building and the rear lot line extending the full width of the lot.
A minimum required open space between a principal building and a side lot line, extending from the front yard to the rear yard. Any lot line not a rear or a front line shall be deemed a side line.
The Zoning Hearing Board of Covington Township as duly constituted by and established pursuant to this chapter.
The individual authorized by the Covington Township Board of Supervisors to be the administrator of the daily application and enforcement of the provisions of this Zoning Ordinance.
A statement signed by the Zoning Officer indicating that the application for permission to construct or use is approved and in accordance with the requirements of this chapter.
§ 27-203 Interpretation of Regulations.
[Ord. 12-10-12(E), 12/10/2012, § 27-203]
In interpreting the language of this chapter to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the Board of Supervisors, in favor of the property owner and against any implied extension of the restrictions.
§ 27-204 Uses Not Provided For.
[Ord. 12-10-12(E), 12/10/2012, § 27-204]
Whenever, under this chapter, a use is neither specifically permitted nor denied, and an application is made by an applicant to the Zoning Officer for such us; the Zoning Officer shall refer the application to the Board of Supervisors to hear and decide such requests as a conditional use. The Board of Supervisors shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications. The use may be permitted if it is similar to and compatible with the permitted uses in the zone in which the subject property is located, and is not permitted in any other zone under the terms of this chapter, and in no way is in conflict with the general purposes in the intent of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the community.