Cross Creek Township Washington County
City Zoning Code
City Zoning Code
ARTICLE II
Terminology
§ 320-7 Word usage.
All words used in this chapter shall carry their customary dictionary definitions as provided in the most recent edition of Webster's Collegiate Dictionary, except where specifically defined herein. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "shall" is always mandatory and not permissive; the word "may" is permissive. The words "used" or "occupied," as applied to any land or structures, shall be construed to include the words "intended, arranged or designed to be used or occupied." The word "person" shall include any individual, corporation, partnership, incorporated association or any other legal entity. Words in the masculine gender shall include the feminine gender. The words "includes" and "including" shall not limit the defined term to the specific examples, but are intended to extend the term's meaning to other instances of like kinds and character.
§ 320-8 Definitions.
The following words and phrases shall have the particular meaning specified in the purpose of interpreting this chapter:
A use or structure, located on the same lot with the principal use or structure, that is subordinate and incidental to the principal structure or use of the property and that may occupy a separate structure and/or area on or in the ground, including, but not limited to storage sheds, garages, swimming pools, decks, fences, patios and similar structures.
Any place where the public is permitted or invited wherein coin-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed are sexually explicit or depict nudity or sexual conduct, as defined herein.
An establishment having a substantial or significant portion of its stock-in-trade, including, but not limited to, video cassettes, movies, books, magazines and other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to nudity or sexual conduct, as defined herein, or an establishment with a segment or section devoted to the sale or display of such material.
An adult arcade, adult bookstore, adult motel, adult mini motion-picture theater, adult motion-picture theater, adult newsrack, adult nightclub, body painting studio, bathhouse, escort service, massage parlor, or any other business establishment offering adult entertainment, as defined herein.
Movies, videos, still or motion pictures, photographs, slides, films or other visual representations, books, magazines or other printed material or live dramatic, musical or dance performances that are sexually explicit or depict nudity or sexual conduct, as defined herein.
An enclosed building with a capacity for accommodating fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
A hotel or motel presenting adult motion pictures by means of closed circuit television, the material being presented having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
An enclosed building with a capacity for accommodating 50 or more persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
Any coin-operated machine or device that dispenses printed material substantially devoted to the depiction of nudity or sexual conduct, as defined herein.
Any nightclub, as defined herein, that offers adult entertainment, as defined herein.
Any business related to the production operations on a farm, including, but not limited to, the sale and distribution of farm equipment, supplies and commodities, craftsman, as defined herein, blacksmithing, sawmill, tractor or other farm equipment and similar services when accessory to an active farm that is the principal use of the property, but not including low-impact on-site sales accessory to a farm or tourism, as defined herein.
The science and art of farming, the work of cultivating the soil, producing crops and livestock.
An establishment for the medical or surgical treatment of animals, including the boarding of hospitalized animals. An animal hospital shall not board or treat exotic animals and shall be subject to all state and federal regulations.
Any building or other structure that is used to enclose and provide protection for livestock or domestic pets.
A dwelling unit located in the same building with an office and/or retail business.
See "street, arterial."
See "service station, automobile."
Means permanent buildings or spaces that can be rented by the public for holding various types of events, such as weddings, receptions, dinners, dances, or seminars.
A business that sells alcoholic beverages for consumption on the premises as the principal use and that may offer food for consumption on the premises as an accessory use.
That portion of a building having at least 1/2 of its height above the average grade of the adjoining ground.
A dwelling that is the principal residence of the operator where no more than four sleeping rooms are offered to transient overnight guests for compensation and where the only meal served and included with the overnight accommodations is breakfast.
Any off-premises sign with a changeable advertising face that advertises an establishment, person, activity, product or service that is unrelated to or not available on the premises on which the sign is located.
The Board of Supervisors of the Township of Cross Creek, Washington County, Pennsylvania.
The keeping of horses and ponies owned by persons other than the owner of the stable, or the rental of horses owned by the owner of the stable for a fee or other form of compensation, that may include training of horses, riding lessons and riding facilities.
Means an establishment which produces brewed and/or malt beverages for on-site or off-site sale and/or distribution and which may include a brewery pub or tap room on the premises, or as otherwise defined as "manufacturer" by Title 47, the Pennsylvania Liquor Code, as amended. See "brewery."
Means a facility which holds a license to manufacture, store and distribute brewed or malt beverages and which may include a brewery pub or tap room, as regulated by Title 47, the Pennsylvania Liquor Code, as amended.
Means a portion of an establishment which holds a brewery license as regulated by the Pennsylvania Liquor Control Board, which is open to the public for the sale of brewed and malt beverages for on-site and/or off-site consumption and which also offers food to patrons, as regulated by Title 47, the Pennsylvania Liquor Code, as amended.
A landscaped area of a certain depth specified by this chapter that shall be planted and maintained in trees, grass, ground cover, shrubs, bushes or other natural landscaping material and shall consist of a mix of types and sizes of plant material that, within three years of planting, meets the standard of providing a compact year-round visual screen at least six feet in height or an existing natural barrier, such as vegetation and/or topography that duplicates the effect of the required buffer area.
Any structure having enclosing walls and roofs and having a permanent location on the land. (See also "completely enclosed building.")
The total of areas taken on a horizontal plane at the finished grade level of the principal building and all accessory buildings, excluding one-story uncovered porches, bay windows, balconies, terraces and steps.
The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the decklines of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
A line parallel to or concentric with the front lot line, the minimum measurement of which is the front yard depth required by this chapter.
The minimum distance between two buildings on the same lot, measured from the outermost wall or projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and gutters that project beyond the wall of the building no more than two feet.
Any office of recognized professions such as doctors, lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions.
Establishments engaged in providing services to business offices on a fee or contract basis, including, but not limited to, advertising and public relations; management and consulting services; employment services; building security and maintenance services; equipment servicing, rental/leasing and sales; computer and data processing services; mailing, photocopying, quick printing and fax services; sale of office supplies; and similar business services, but not including the rental, sale or repair of vehicles or heavy equipment.
A facility, whether automatic, semiautomatic or manual, for washing and polishing of vehicles.
That portion of the street right-of-way that is surfaced for vehicular use, excluding shoulders and curbs.
That portion of a building having 1/2 or more of its height below the average grade of the adjoining ground.
Property used for interring of dead persons or domestic pets, including mausoleums, columbariums, crematoriums and family plots on private property.
Any structure or structures used for worship or religious instruction, including social and administrative rooms and day nurseries accessory thereto, but not including any activity conducted for profit, including, chapels, cathedrals, temples, synagogues and the like.
Any establishment, including mobile diagnostic units, where human patients receive medical, dental, chiropractic, psychological and surgical diagnosis, treatment and counseling under the care of a group of licensed medical doctors and dentists and their supporting staff, where said patients are not provided with board or room or kept overnight on the premises.
See "private club."
See "street, collector."
See "recreation, commercial."
Any structure designed for transmitting or receiving wireless communications of video, voice, data and similar transmissions, including, but not limited to, omnidirectional or whip antennas, directional or panel antennas and satellite or microwave dish antennas that may be mounted on an existing building, an existing public utility storage or transmission structure or an existing communications tower, excluding transmission and receiving devices licensed by the Federal Communications Commission (FCC) exclusively for private use by citizens.
An unmanned structure that contains the equipment necessary to maintain and operate communications antennas.
Any structure, whether freestanding or attached to a building, designed to support multiple communications antennas, including monopole, self-supporting and guyed towers and one or more of the following mounts for antennas: rotatable platform, fixed platform, multi-point or side-arm mounts and pipe mounts for microwave dish antennas.
A building designed and constructed so that all exterior walls shall be solid from the ground to the roof line, containing no openings except for windows and doors that are designed so that they may be closed and any other small openings required for the ventilation system.
An agricultural operation where farm animals are kept at a much higher ratio of animals per acre than animals that are pastured and where animals are fed a regimented diet until ready for slaughter.
A use authorized by this chapter that may be granted only by the Board of Supervisors following review by the Planning Commission and a public hearing subject to express standards and criteria contained in this chapter.
A structure designed, used or constructed to provide temporary offices for construction supervision on the site of an approved subdivision or land development during the time that a valid building permit or grading permit is in effect.
The administrative offices of a business that provides landscaping, construction, remodeling, home improvement, land development and related services on a contractual basis and which may include the storage of materials, equipment and vehicles, provided all materials, equipment and vehicles are stored within a completely enclosed building.
An establishment that may or may not include administrative offices for a business that provides landscaping, construction, remodeling, home improvement, land development and related services on a contractual basis, but that involves the storage, either indoors or outdoors, of materials, equipment and vehicles used in the business.
A retail store selling food products and household supplies for the convenience of the neighboring population.
A lot at the intersection of, and fronting on, two or more street rights-of-way.
See "lot coverage."
An artisan who practices a trade or handicraft that may involve the fabricating of finished products from raw materials on a small scale, not involving any automated production or a total floor area devoted to production of more than 5,000 square feet and not employing more than five persons.
An establishment containing a furnace designed to cremate or reduce to ashes human or animal remains of the deceased.
A facility, licensed by the commonwealth, located within a building that is not used as a dwelling unit, for the care, on a regular basis, during part of a twenty-four-hour day of children under the age of 16 or handicapped or elderly persons.
See "family day-care home."
The number of dwelling units per acre of land area.
The total number of dwelling units per acre of land devoted to residential use, including streets, parking areas and private open space, yards or courts abutting and serving the dwellings, but exclusive of those areas devoted to common open space and areas of the site that have slopes of 25% or greater.
See "zoning district."
Animals or birds customarily found in a dwelling and kept for company or pleasure, including but not limited to dogs and cats, provided there is not a sufficient number to constitute a kennel, as defined herein; hamsters, gerbils, parakeets, canaries, and similar small animals or birds.
Any digging or boring of a new well to explore, develop, or produce oil, gas or other hydrocarbons, or to inject gas, water or any other fluid or substances into the earth.
The derrick, all parts and appurtenances to such structure, and every piece of apparatus, machinery, or equipment used, erected, or maintained for use in connection with drilling.
Any principal use or accessory use that involves a window, service lane, bay or other facility where customers are provided services either inside or outside their vehicles and where cars may or may not wait in line to access these services, including, but not limited to "drive-in" or "drive-through" windows at fast-food restaurants, banks or other businesses, exterior automated teller machines (ATMs), quick oil change facilities, car washes and similar automotive services and other such facilities.
A private vehicular way providing access between a street and a parking area or garage located on a lot.
A building designed exclusively as living quarters for one or more families, including single-family, two-family and multifamily dwellings, but not including hotels, motels or boardinghouses.
The following dwelling types are included in this chapter:
SINGLE-FAMILY DWELLINGA detached residential building that is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit.
TWO-FAMILY DWELLINGA residential building that is the only principal structure on the lot, designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units, each with a separate entrance directly to the outside, including double houses and duplexes.
MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units, including garden apartments and townhouses.
GARDEN APARTMENTA multifamily residential building no more than three stories in height containing three or more dwelling units that share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.
GROUP CARE FACILITYA facility licensed by the commonwealth that provides room and board and specialized services for any number or permanent residents who are not included in the protected classes covered by the Fair Housing Act (42 U.S.C. § 3601 et seq.) who are in need of supervision and specialized services on a twenty-four-hour basis, including staff qualified by the sponsoring agency who may or may not reside at the facility and who provide health, social and rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation and the facility shall meet all minimum requirements of the sponsoring agency.
PERSONAL CARE BOARDING HOMEA dwelling licensed by the commonwealth where room and board is provided to more than three permanent residents, who are not relatives of the operator, and who are mobile or semimobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration, but who are not in need of hospitalization or skilled nursing care or intermediate nursing care.
TOWNHOUSEA multifamily residential building no more than 2 1/2 stories in height that contains at least three, but no more than eight, dwelling units, each of which are separated from the adjoining unit or units by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
TRANSITIONAL DWELLINGA dwelling unit occupied on a permanent basis by persons of any age or condition who have been adjudicated by the criminal court system or on a short-term basis by persons assigned by a court of law, or public, semipublic or nonprofit agency, and managed by a public, semipublic or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration, prison assignment, house arrest or other court-ordered treatment, and other such short-term supervised assignments.
Two or more rooms designed for or occupied by one family only and containing sleeping facilities, cooking and food storage facilities, and, in a separate room, toilet and tub or shower, with hot and cold water supply, all for the exclusive use of the family occupying the dwelling unit.
A grant of the specified use of a parcel of land to the public, a corporation or person in which no permanent structures shall be permitted without the permission of all parties having rights to the easement.
Notice given by a municipality through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
The removal of surface materials by the action of natural elements.
The provision by continuous conduit of distribution and collection systems by public utilities, regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of Cross Creek Township of underground or overhead gas, electrical, telephone, steam, or water lines, sewers, fire alarm boxes, traffic signals, hydrants, cable TV (not including towers) and accessories in connection therewith, reasonably necessary to furnish adequate services within Cross Creek Township to the general public.
One or more persons who live together in one dwelling unit and maintain a common household, which may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption and may also include domestic servants and gratuitous guests.
A facility, licensed or approved by the commonwealth, as required by the laws of the commonwealth, located within a dwelling, for the care on a regular basis during part of a twenty-four-hour day of not more than six children under 16 years of age, including care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes.
Any property used for interring dead persons or domestic pets, the use of which is restricted to the members of a family and which property is owned and operated by the members of that family.
A site of 10 acres or more used for the pursuit of agriculture, as defined herein.
See "concentrated feed lot."
A structure designed for the purpose of enclosing space or separating parcels of land. The term "fence or wall" shall not include retaining walls that are designed and approved in accordance with the Chapter 170, Grading and Excavation, of the Code of the Township of Cross Creek.
Reasonable assurance from a creditworthy party, examples of which include a surety bond, trust instrument, cash escrow or irrevocable letter of credit.
A bank, savings-and-loan association or similar institution that lends money or is engaged in a finance related business.
Areas adjoining any rivers, streams, ponds or lakes subject to the 100-year-recurrence-interval flood as delineated by the U.S. Army Corps of Engineers or subject to erosion caused by a 100-year-recurrence-interval flood, as well as any areas identified in the future by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines subject to the review and approval of a professional engineer selected by the Township.
A retail establishment that has a gross floor area of no more than 10,000 square feet and that offers for sale specialty or gourmet food items or meats and groceries that are packaged and that may or may not be available for consumption on the premises.
The management of forests and timberlands when practiced in accordance with accepted silvicultural principals, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, that does not involve any land development.
See "building line, front."
See "lot line, front."
An accessory structure or a portion of the principal building, enclosed on not less than three sides, not being accessible to the general public and designed or used for shelter or storage of private vehicles and personal property of the occupants of the principal building.
A building, other than a private garage, containing two or more parking spaces accessible to the general public used for the storage or parking of motor vehicles, or where such vehicles are kept for remuneration, hire or sale, but not including the repair of vehicles or the storage of dismantled or wrecked motor vehicles, or "junk," as defined by this chapter.
See "repair garage."
See Subsection D under "dwelling types."
A retail establishment that sells flowers, plants, trees and other natural flora and products that aid their growth and care and that may include a greenhouse or the growing of plant material outside on the lot.
See "oil and gas drilling."
A recreational facility that has a course, with a minimum of nine regulation size holes, for playing golf as its principal use and that may have a clubhouse, locker rooms, restaurant, swimming pool, pro shop, facilities for racquet sports, maintenance facilities and similar facilities as accessory uses.
The indoor raising of plants, shrubs and trees for sale and transplantation.
A retail establishment in excess of 10,000 square feet of gross floor area that primarily sells meat and food products, but that may also include as accessory uses a pharmacy, a dry cleaner, a florist, a travel agency, video rental (excluding an adult video store), banking and copy/fax services.
The sum of the gross horizontal areas of the several floors of a building measured between exterior faces of walls.
See Subsection E under "dwelling types."
See "building height."
The vertical distance measured from the average elevation of the finished grade around the structure to the highest point on the structure.
See "no-impact home-based business."
An accessory use of a service character, other than a no-impact home-based business, conducted entirely within a dwelling by the residents thereof, which use is clearly secondary to the use of the dwelling for living purposes and does not, in any way, change the character of the dwelling.
An establishment licensed by the commonwealth for the care of human patients suffering from physical or mental illnesses, and that may or may not include facilities for major surgery and that may be publicly or privately operated.
See "animal hospital."
See "motel/hotel."
Surfaces with a coefficient of runoff greater than 0.85, including all buildings, parking areas, driveways, streets, sidewalks and areas paved in concrete and asphalt and any other areas determined by the Township Engineer to be impervious within the meaning of this definition.
A theater, arena, bowling alley, pool hall, skating rink or similar cultural or recreational facility located within a completely enclosed building, excluding those facilities that are accessory to a church or school.
Any premises devoted wholly or in part to the storage, buying or selling, salvaging, recycling or otherwise handling or dealing in scrap metals, building materials, scrapped or used appliances or other household goods, fixtures, vehicles and vehicle parts, machinery and machinery parts or other forms of discarded materials.
A structure and/or premises where four or more dogs or cats, that are six months or older, are kept, bred, trained or boarded at any one time, whether for profit or not.
Natural or artificial bodies of water that retain water year-round. Artificial ponds may be created by dams or result from excavation. The shoreline of such bodies of water shall be measured from the maximum condition rather than permanent pool if there is any difference. "Lakes" are bodies of water two or more acres in surface area; "ponds" are bodies of water less than two acres in surface area.
A plan prepared in accordance with the application requirements of Chapter 270, Subdivision and Land Development, for approval of a land development, as defined herein.
Any site licensed by the Pennsylvania Department of Environmental Protection (PA DEP) for the disposal of solid waste, other than hazardous waste, as defined and regulated by federal statute.
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
A plan prepared by a person knowledgeable in the characteristics of plant materials and the proper techniques for installing and maintaining them, including a registered architect or landscape architect or a member of the Pennsylvania Landscape and Nursery Association (PLNA), identifying each tree and shrub by size, type and scientific name; the location of each, including a planting diagram; and such other diagrams or reports as are necessary to show the method of planting, staking and mulching, grass seeding specifications and mixtures and existing trees to be preserved, if any.
Areas of moderate to high susceptibility to landsliding produced by the influence of natural and/or man-made activity.
Means a brewery producing brewed or malt beverages in a quantity greater than 1,000 barrels (US barrels) per year.
The processing and fabrication of certain materials and products where no process involved will produce vibration, water pollution, fire hazard or noxious emissions that will disturb or endanger neighboring properties. Light manufacturing includes, but is not limited to, the production of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods, food products, not including animal slaughtering, curing or rendering of fats, and similar activities.
Any member of the bovine or equine species, including, but not limited to, cows, steers, horses, ponies, llamas, alpacas, sheep, goats, pigs, chickens and other fowl customarily found on a farm.
See "street, local."
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
The total area within the lot lines, excluding the area within any street right-of-way.
That percentage of the lot area covered by the principal building or buildings and all accessory buildings and structures, including, but not limited to, decks, swimming pools, storage sheds, garages and similar structures.
A line of record bounding a lot that divides one lot from another lot or from a public or private street or other public space.
That lot line that is contiguous with the street right-of-way line or in the case where the lot line is contiguous with the street center line, the front lot line shall be considered to be coterminous with the street right-of-way line. In the case of a lot that has no frontage on a street, the front lot line shall be the lot line through which vehicular access is provided, regardless of which way the dwelling faces.
That lot line that is generally opposite the front lot line.
Any lot line that is not a front lot line or rear lot line.
Any lot that, individually, or as part of a subdivision, has been recorded in the office of the Recorder of Deeds of Washington County.
The straight line distance between the point of intersection of the front building line with the side lot lines.
See "corner lot."
The average distance from the street right-of-way line to its opposite rear lot line, generally measured parallel to the side lot lines.
The sale of products raised, grown or produced on a farm, provided the sales are conducted on the farm property where the products are raised, grown or produced and any products sold that are not, raised, grown or produced on the farm shall be less than 50% of the total sales.
A work shop where a machinist fabricates, assembles or repairs parts and/or equipment.
Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
See "light manufacturing."
A voluntary negotiating process in which parties to a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement that the parties themselves create and consider acceptable.
Means a brewery producing brewed or malt beverages in quantity of 1,000 barrels (US barrels) or less per year.
Any extraction of any mineral for sale or other commercial purpose that involves removal of the surface of the earth or exposure of the mineral or subsurface of the earth to wind, rain, sun or other elements of nature. The term "mineral" includes, but is not limited to, anthracite and bituminous coal, lignite, including mining activities carried out beneath the surface of the earth by means of shafts, tunnels or other underground mine openings, limestone and dolomite, sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and other mineral sources. The term "mineral extraction" shall not include the extraction of oil or gas by drilling a well.
A building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized and controlled access stalls and/or lockers leased to the general public for a specified period of time for the dead storage of personal property.
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 assembling 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 single mobile home.
A parcel or contiguous parcels of land that has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
An establishment that offers transient overnight lodging accommodations to the general public and that also may provide additional supporting services such as restaurants, meeting rooms, recreation facilities and living quarters for a resident manager or proprietor.
See Subsection E under "dwelling types."
Buildings, structures and land uses owned and occupied by Cross Creek Township or any of its agencies and used to provide services to the residents of the Township. Municipal facilities may include, but not be limited to, Township administrative offices, public works buildings, storage yards, libraries, fire company buildings, senior centers and recreation facilities and buildings.
A facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets also including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
A business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and that 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.
See "recreation, noncommercial."
Any lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, that 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 that does not comply with the applicable area and bulk provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or an amendment thereto, or prior to the application of this chapter 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 of a structure, that 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 this chapter or an amendment thereto or prior to the application of this chapter or amendment to its location by reason of annexation.
The appearance of a human bare buttock, anus, male or female genitals or female breast.
An institution licensed by the commonwealth for the care of human patients requiring skilled nursing or intermediate nursing care, but not including facilities for major surgery or care and treatment of drug or alcohol addiction.
See "business or professional offices."
The removal of oil and natural gas resources for sale or other commercial purposes, including the structure and equipment necessary to accomplish the removal.
The oil and gas drill site shall consist of the area occupied by the facilities, structures, and equipment necessary for or incidental to the drilling, production or operation of an oil or gas well.
An oil and gas processing or transfer site shall consist of an area occupied by facilities, structures or equipment necessary for the processing or transfer of gas products. The definition also includes natural gas compressor stations and natural gas processing plants.
See "low-impact on-site sales accessory to a farm."
An area of land or water on a development site in which no structures are permitted and that is set aside for the use and enjoyment of the general public or the owners and tenants of property that adjoins the open space.
Any person, partnership, company, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing or transporting oil or gas.
See "landowner."
A portion of a lot designated for the parking of motor vehicles in accordance with the requirements of this chapter.
A portion of a garage or parking area designated for the parking of one motor vehicle in accordance with the requirements of this chapter.
See Subsection F under "dwelling types."
Any enterprise providing services to a person, their apparel or personal effects commonly carried on or about their person, including, but not limited to, shoe repair, tailoring, clothes cleaning, water repair, beauty shops, barbershops and the like.
The Planning Commission of Cross Creek Township, Washington County, Pennsylvania.
An establishment that offers private educational services to children who are under the minimum age for education in public schools.
The building or structure in which the principal use is conducted, not including any accessory building or structure related thereto.
The primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.
Owned, operated or controlled by an individual, group of individuals, association or corporation, not for profit, and restricted to members and their guests.
Any establishment, other than a sportsmen's club, operated by a legally chartered organization for social recreational, educational, fraternal or sororal purposes, that is open only to members and their guests and not to the general public.
See "garage, private."
The keeping of horses and/or ponies for the personal use and enjoyment of the residents of the lot, not involving any profit-making activity.
A street, including the entire private right-of-way, that is privately owned and maintained and that is intended for private, rather than public use.
A qualified individual who is licensed as a professional engineer in a state or commonwealth in the United States.
See "business or professional offices."
Any occupied residence, commercial business, school, religious institution or other public building that may be impacted by noise generated from drilling or hydraulic fracturing activity, compressor stations or natural gas processing plants.
Owned, operated or controlled by a government agency, federal, state, county or local.
A forum held pursuant to notice under the Act of October 15, 1998, P.L. 729, No. 93, known as the “Sunshine Act," 65 Pa.C.S.A. § 701 et seq.
Notice published 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 not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
See "garage, public parking."
Any administrative building, maintenance building, garage or other structure intended for human occupancy or storage of movable equipment or any part of the essential public utility installations, as defined herein, provided by public utilities, regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of Cross Creek Township that is reasonably necessary to furnish adequate services to the general public both within Cross Creek Township and outside the Township, including, but not limited to, long distance transmission facilities such as electrical power lines or high pressure natural gas or petroleum lines, switching facilities, substations and similar facilities.
An enterprise operated for profit by an individual, association or corporation, other than a public entity, either indoors or outdoors for the pursuit of sports, recreation or leisure activities, including, but not limited to, such establishments as miniature golf, golf or batting practice facilities, bowling alleys, ice or roller rinks, playing fields, racquet clubs, swimming pools, theaters, dance halls, amusement parks, amphitheaters and similar facilities.
An enterprise operated by an individual, association or corporation, other than a public entity, whether or not for profit, and whether or not the facilities are advertised to the general public, including sports, recreation or leisure activities, the use of which is limited to members and their guests including, but not limited to, such establishments as country clubs, golf courses, sportsmen's clubs, golf practice facilities, playing fields, tennis or racquet clubs, swimming pools and similar facilities.
An enterprise other than a municipal facility, as defined herein, operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities for the pursuit of sports, recreation or leisure activities, including, but not limited to, parks, playgrounds, playing fields, golf courses, golf or batting practice facilities, ice rinks, tennis courts, swimming pools and similar facilities.
A single-axle or multiple-axle structure mounted on wheels or otherwise capable of being made mobile, either with its own motive power or designed to be mounted on or drawn by an automotive vehicle, for the purpose of travel, camping, vacation and recreational use, including, but not limited to travel trailers, mobile homes, motor homes, tent trailers, boats, boat trailers, pickup campers, horse trailers, snowmobiles, motorcycles and all-terrain vehicles.
A facility consisting of an earthen impoundment or aboveground storage tank(s) designed to contain a total amount of 2,000,000 gallons or more of water and to be used primarily for the storage of recycled water or recycled water mixed with fresh water for the completion, including hydraulic fracturing, of oil and/or gas wells, together with associated piping and equipment used for handling, pumping, transferring or treating such water.
A building, or part thereof, used for the servicing and repair of motor vehicles, including engine overhaul, body work and recapping/retreading of tires and where all storage of parts and dismantled vehicles and all repair work are conducted entirely inside a completely enclosed building, as defined by this chapter.
A service establishment providing maintenance and repairs of items that can be carried in by hand, including personal effects (such as jewelry, watches, bicycles), small household appliances, office equipment, small gasoline engines and similar items, but not including repair of large appliances, motorized vehicles or heavy equipment.
Any establishment, including laboratories, that carries on investigation in the natural, physical or social sciences or engineering and development as an extension of such investigation with the objective of creating end products and that may include supporting storage and transportation facilities.
Means any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, the primary purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling. for water heating or for electricity.
An establishment that offers food and beverages for sale and consumption either on or on and off the premises as the principal use and may serve alcoholic beverages for consumption on the premises as an accessory use.
The sale on the premises of commodities and/or services directly to consumers, but not including the manufacturing or processing of any products.
A residential development designed primarily or exclusively for occupancy by elderly or retired persons and that features one or more of the following special services associated with the needs of elderly or retired persons such as transportation, limited nursing facilities, dispensaries, common dining facilities, minimum maintenance, laundry service, recreation programs, personal services (such as beauty and barbershops, or cleaner's valet service), florist and/or gift shop, doctors' offices, branch bank, postal service and similar services or facilities.
An establishment where instruction in riding, jumping and showing is offered for a fee and where horses may be hired for riding. A riding academy may also include a boarding stable, as defined herein.
An area of land reserved or dedicated for public purposes to provide access across private property.
An on-lot disposal system providing for the disposal of effluent for one building and its accessory building on a single lot, subject to the approval of the Washington County Sewage Council.
Any municipal or privately owned sewer system in which sewage is collected from more than one lot and piped to an approved sewage disposal plant or approved community treatment system, including capped sewers that are installed to Township specifications.
An accredited institution of learning that offers elementary and secondary level instruction or that offers associate, bachelor or higher degrees in the several branches of learning required by the Commonwealth of Pennsylvania.
See "mini warehouses/self-storage facility."
The servicing of motor vehicles and operations incidental thereto and limited to one or more of the following activities: the retail sale of petroleum products; retail sales and installation of automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, changing and replacement, excluding repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; and state inspection; and/or
The following operations, if conducted within a completely enclosed building, as defined by this chapter: lubrication of motor vehicles; replacement of exhaust systems; brake servicing limited to servicing and replacement of brake cylinders, lines and brake shoes; wheel balancing; the testing, adjustment and replacement or servicing of carburetors, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring; and/or
The operation of a convenience food store, provided retail sale of petroleum products is a part of the operation.
A site under one ownership and control that is developed as a unit for two or more retail businesses in one or more buildings and designed with shared parking, loading and access facilities.
Means a dwelling that does not meet the definition of home sharing, where the entire dwelling is rented for less than 30 consecutive days for compensation.
Any structure or device used to attract attention by word or graphic display.
The area enclosed by one continuous line, connecting the extreme points or edges of an advertising panel containing letters; or the sum of the areas of each letter, in the case of free standing letters that are mounted on a building wall, rather than painted on or affixed to an advertising panel. In the case of freestanding pole or ground signs, this area shall not include the main supporting sign structure, but shall include all other ornamental attachments and connecting features that are not part of the main supports of the sign. In the case of letters that are painted on or affixed to an awning or canopy, rather than mounted on a wall or affixed to an advertising panel, the area of the sign shall be the area of the geometric shape formed by outlining the height and width of all of the letters, including the space between the individual letters. For two-sided signs, only one face is counted in computing the surface area.
See Subsection A under "dwelling types."
A tract of land or one or more contiguous lots proposed for development.
The total area within the boundary lines of a site proposed for development, expressed in acres or square feet.
An establishment where animals are butchered for human consumption and where the meat is prepared and packaged for retail or wholesale sales, including seasonal processing of game animals.
The degree of rise or descent of the land surface calculated by dividing the number of feet of vertical rise/descent in elevation by the number of feet of horizontal distance, expressed as a percentage.
See "wind power generating facility (WPGF), small."
Means radiant energy (direct, diffuse, and reflected) received from the sun.
Means a permanent structure that is principally being used as a barn on a farm and which is sometimes used for the commercial purpose as a venue for weddings, receptions, and other gatherings, to include, but not limited to, birthday parties, retirement parties., anniversary parties, graduation parties, formal dinners, business engagements, where such commercial use of the barn is secondary to the farming activity on the property.
Means a permanent structure that may have been used as a barn and is fully or partially repurposed or constructed as a venue for the commercial purpose of hosting weddings, receptions, and other gatherings to include, but not limited to, birthday parties, retirement parties, anniversary parties, graduation parties, formal dinners, business engagements.
See "use by special exception."
An accessory use designed for active recreation including, but not limited to, basketball and tennis courts, baseball batting cages, skateboard ramps, trampolines, inflatable structures and other private recreation structures.
A legally chartered organization for the pursuit of hunting, fishing, marksmanship and related activities that may or may not include a clubhouse and that has a roster of membership and a regular calendar of activities limited to members and their guests.
A well used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir or monitoring or observation of reservoir pressure.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between any floor and the ceiling next above it, excluding cellars.
A public or recorded private right-of-way that affords primary means of vehicular access to abutting property but not including alleys.
The legal right-of-way line that forms the dividing line between the street and the lot.
A public street that serves large volumes of high-speed and long-distance traffic. Streets classified as arterial in the Township for the purposes of interpreting this chapter are State Route 50, Avella Road and Cross Creek Road (SR4029).
A public street that, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial streets. For the purpose of interpreting this chapter, streets classified as collector in the Township are Atlasburg Road (SR4031), Cedar Grove Road (SR4027), Old Ridge Road (SR4035), Rea Road (SR4033) and Strope Road (SR4023).
Any public street not defined herein as an arterial or a collector street.
A public right-of-way dedicated and open for public use that has been adopted by the Township, county, commonwealth or other governmental body.
A change or rearrangement of the structural parts or in the exit facilities, or an enlargement or diminution of the structure, whether by extending on the side or increasing the height or depth, or the moving from one location or position to another.
Any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to the land.
See "height of structure."
The division of a lot, tract or parcel of land by any means into two or more lots, tracts or parcels or other division of land including any changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development, provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
Any body of water or receptacle for water having a depth at any point greater than two feet and a surface area greater than 100 square feet, used or intended to be used for swimming or bathing and constructed, installed or maintained outside any building.
See "bar or tavern."
See "construction trailer, temporary."
An activity or business enterprise not otherwise defined and regulated by this chapter that attracts and serves people visiting the area for educational, leisure or vacation purposes directly related to the available historic, agricultural and recreational resources of the immediate area, including, but not limited to, bait and tackle shops, fishing and boating events, campgrounds, demonstration or exhibit farms, farm stays, nature, game or wildlife preserves, museums, military or cultural reenactments or encampments, wineries, fish hatcheries, worm farms, seasonal farm festivals, educational activities, country stores, hay-rides, pick your own produce and similar activities or events that draw people from outside the immediate area. (See also "bed-and-breakfast," "sportsmen's club" and "commercial recreation" that are not included in the definition of tourism and are regulated separately.)
See Subsection G under "dwelling types."
The Township of Cross Creek, Washington County, Pennsylvania.
See Subsection H under "dwelling types."
An establishment engaged in the rental, sale and/or service of vehicles in excess of 26,000 pounds GVW and/or any other heavy equipment, including, but not limited to, construction or farm equipment, whether or not the equipment is classified as a motor vehicle.
See Subsection B under "dwelling types."
The purpose, business or activity for which any land or structure is utilized.
A use authorized by this chapter that may be granted only by the Zoning Hearing Board following a public hearing subject to express standards and criteria contained in this chapter.
A departure from the specific regulations of this chapter that may be granted by the Zoning Hearing Board in accordance with the criteria established by the Pennsylvania Municipalities Planning Code (Act 247, as amended)[3] for a particular piece of property that, because of special circumstances applicable to it, cannot be developed in compliance with the literal terms of this chapter without undue physical hardship.
An establishment engaged in the retail sales and installation of accessories for trucks, automobiles and motorcycles, including, but not limited to such items as tires, hubcaps, mirrors, seat covers, floor mats, tonneau covers, truck caps, windshields, windshield wipers, trim packages, running boards and the like, but not including any mechanical parts.
The rental, sales and service of automobiles, motorcycles and trucks under 26,000 pounds GVW, but not including any heavy equipment or any other vehicle or equipment that is not classified as a "motor vehicle" under the Pennsylvania Motor Vehicle Code.[4]
A building, or part thereof, used for the servicing and repair of motor vehicles, including engine overhaul, body work and recapping/retreading of tires and where all storage of parts and dismantled vehicles and all repair work are conducted entirely inside a completely enclosed building, as defined by this chapter.
A building used for the storage and handling of freight or merchandise, but not including the maintenance or fueling of commercial vehicles. Warehousing that is incidental to retail sales and that does not constitute in excess of 30% of the total floor area of the retail establishment shall be excluded from this definition.
A facility consisting of either an earthen impoundment or aboveground storage tank(s) designed to contain a total amount of 2,000,000 gallons or more of water and to be used primarily for the storage of fresh water purchased or withdrawn for the hydraulic fracturing of oil and/or gas wells, together with associated piping and equipment used for handling, pumping, transferring or treating such water.
An establishment engaged in selling merchandise to retailers, institutional, commercial or professional business customers or other wholesalers, rather than to the general public, or acting as a broker for such merchandise sales.
A wind power generating facility (WPGF), as defined herein, primarily for private use to reduce on-site consumption of utility power.
All necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, WPGF tower, electrical components, WPGF foundation, transformer, and electrical cabling from the WPGF tower to the substation(s).
Areas, groves or stands of mature or largely mature trees that are greater than six inches caliper (diameter) at a height of 14 inches above the ground that cover a land area greater than 0.25 of an acre; or any grove of more than 10 individual trees that are mature having a caliper (diameter) greater than 12 inches at a height of 14 inches above the ground.
The entity responsible for the day-to-day operation and maintenance of the WPGF, including any third-party subcontractors.
The entity or entities with an equity interest in the WPGF(s), including their respective successors and assigns. Owner does not mean the property owner from whom land is leased for locating the WPGF i) unless the property owner has an equity interest in the WPGF; or ii) any person holding a security interest in the WPGF(s) solely to secure an extension of credit, or a person foreclosing on such security interest provided that, after foreclosure, such person seeks to sell the WPGF(s) at the earliest practicable date.
The collection of WPGFs and substations as specified in the siting approval application pursuant to § 320-69TT of this chapter.
The apparatus that connects the electrical collection system of the WPGFs and increases the voltage for connection with the utility's transmission lines.
The support structure to which the nacelle and rotor are attached.
The distance from the rotor blade at its highest point to the top surface of the WPGF foundation.
A required open space located on a lot that is unobstructed by any portion of a principal structure, other than certain projections expressly permitted by this chapter.
A yard extending between side lot lines across the full lot width from the front lot line to a line parallel to the front lot line, the minimum horizontal distance required by this chapter.
A yard extending across the rear of the lot between the required side yard lines parallel to the rear lot line, the minimum horizontal distance required by this chapter.
A yard extending from the required front building line to the rear lot line parallel to the side lot line, the minimum horizontal distance required by this chapter.
A document issued by the Township Zoning Officer stating that the proposed use of a particular structure, building or lot conforms to the requirements of this chapter.
An area accurately defined as to boundaries and location on the Zoning District Map and within which area only certain types of land uses are permitted and within which other types of land uses are excluded, as set forth in this chapter.
The Official Map delineating the zoning districts of Cross Creek Township, Washington County, Pennsylvania, together with all amendments subsequently adopted which is incorporated in and made a part of this chapter by reference thereto.
The Zoning Hearing Board of the Township of Cross Creek, Washington County, Pennsylvania.
That person appointed by the Cross Creek Township Board of Supervisors and charged with the responsibility of administering and enforcing this chapter.
[1]
Editor's Note: This ordinance also added a number of oil-and-gas-related definitions to this section, and further provided that all other terms in the ordinance will be as defined in Pennsylvania's Oil and Gas Act (Act 223) Title 58, Oil and Gas, Chapter 11, Oil and Gas Act. Said Ch. 11 was repealed 2-14-2012, eff. 4-15-2012, by P.L. 87, No. 13; see now Title 58 of Pa.C.S.A., particularly 58 Pa.C.S.A. § 3201 et seq.; and 58 P.S. § 3301 et seq., e.g., § 3301, Definitions.
[2]
Editor's Note: See 53 P.S. § 10401 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.