As used in this chapter, the following terms shall have the meanings indicated:

ACCESS

A means of vehicular or pedestrian approach, entry to, or exit from property.

ACCESSORY DWELLING UNIT

A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unity or a detached dwelling unit on the same lot.

ACCESSORY STORAGE BUILDING

An accessory structure on a residential lot use for the storage of personal property owned by the residents of the dwelling to which it is accessory.

ACCESSORY USE

A structure or use that:

A. 

Is subordinate in area, extent and purpose to the principal use;

B. 

Contributes to the convenience or necessity of the principal use; and

C. 

Is located on the lot with such principal use or main building.

ADJUSTED TRACT ACREAGE

The net usable land area of a proposed development site, determined by deducting specific percentages of various categories of constrained land from the gross tract area.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, video or laser disc players, or other image-producing devices are maintained, not located within viewing booths, to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE

An establishment having a substantial or significant portion of its stock in trade in, or an establishment which as one of its principal business purposes offers for sale, rental or other consideration, the following:

A. 

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, or video reproductions, slides, CD-ROM discs or other computer software, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

B. 

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

C. 

The use of viewing booths.

ADULT CABARET

A nightclub, bar, restaurant, or other commercial establishment which regularly features:

A. 

Persons who appear in a state of nudity or seminudity.

B. 

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

C. 

Films, motion pictures, videocassettes, slides, or other photographic reproductions or visual presentations of any other kind which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTION-PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions or visual presentations of any kind are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

AGRICULTURE

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, viticulture, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry. Not included are new intensive agricultural farm-oriented commercial or industrial activities or operations, such as food or livestock processing plants, holding pens, slaughterhouses, or similar uses which handle products not produced on the immediate premises. The use includes, but is not limited to, the following:

A. 

AGRICULTURAL ACTIVITIES

— Including but not limited to:

(1) 

The production and management of livestock, such as dairy and beef cattle, game birds, goats, hogs, horses, poultry, sheep, and other animals, excluding dogs. All livestock shall be limited to one animal unit per acre, with an animal unit defined as 1,000 pounds;

(2) 

The production and management of crops, such as barley, corn, hay, oats, potatoes, rye, sorghum, soybeans, and sunflowers;

(3) 

The related activities of tillage, fertilization, pest control, harvesting and marketing;

(4) 

The activities of feeding, housing and maintaining of animals, such as cattle, dairy cows, sheep, goats, hogs, horses and poultry, and handling their by-products, such as butter, cheese, eggs, fur, honey, meat and milk.

B. 

AGRONOMIC ACTIVITIES

— Including but not limited to research in crop rotation, irrigation and drainage, plant breeding, soil classification, soil fertility, weed control, and other areas.

C. 

SILVICULTURE ACTIVITIES

— Including but not limited to the management and cultivation of forests or woodlands for the production of timber and other wood products which does not involve any land development.

D. 

HORTICULTURE ACTIVITIES

— Including but not limited to the cultivation of flowers, fruits, vegetables and ornamental plants by nurseries and greenhouses.

E. 

AQUACULTURE ACTIVITIES

— Including but not limited to the underwater cultivation of animals and plants, such as fish, shellfish, and algae for food or for other purposes by wildlife refuges and fish hatcheries.

F. 

VITICULTURE ACTIVITIES

— Including but not limited to the science, cultivation, production and study of grapes which deals with the series of events that occur in the vineyard and winemaking process. It is also known as viniculture.

AGRICULTURE SALES AND SERVICE

A use primarily engaged in the sale or rental of farm tools and implements, feed, grain, tack, animal care products, and farm supplies.

AGRICULTURE USE, INTENSIVE

Intensive agricultural uses that include, but are not necessarily limited to:

A. 

Slaughter areas;

B. 

Areas for the storage and processing of manure, garbage, or spent mushroom compost;

C. 

Structures housing more then 50 animal units, with an animal unit defined as 1,000 pounds;

D. 

A poultry operation in excess of 1.0 animal unit per acre; and

E. 

A swine operation in excess of 1.75 animal units per acre. (Under the Pennsylvania Nutrient Management Act of 1993, a farm is allowed to have no more than two animal units per acre, with an animal unit defined as 1,000 pounds.)

ALCOHOLIC CIDER

A beverage which may contain carbonation in an amount not to exceed 392/1,000 of a gram per 100 milliliters and flavors, produced through alcoholic fermentation of only apples or apple juice, consisting of at least 1/2 of 1%, but not greater than 5 1/2%, alcohol by volume and sold or offered for sale as alcoholic cider and not as a wine, a wine product or as a substitute for wine, in bottles, cases, kegs, cans or other suitable containers of the type used for the sale of malt or brewed beverages in this commonwealth.

ALCOHOLIC CIDER, WINE AND FOOD EXPOSITIONS

Affairs held indoors or outdoors with the primary intent of educating those in attendance of the availability, nature and quality of Pennsylvania-produced alcoholic ciders and wines in conjunction with suitable food displays, demonstrations and sales. Alcoholic cider, wine and food expositions may also include activities other than alcoholic cider, wine and food displays, including arts and crafts, musical activities, cultural exhibits, agricultural exhibits and similar activities.

ALLEY

A public or private way permanently reserved as a secondary means of access to abutting properly.

ALTERATIONS

As applied to a building or structure, means: a change or rearrangement in the structural parts or in the existing facilities; or an enlargement, whether by extending on a side or by increasing height; or the moving from one location or position to another.

AMENDMENT

A change in use in any district which includes revisions to the Zoning Ordinance and/or Official Zoning Map.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors or assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development or use, including, but not limited to, an application for zoning approval, for the approval of a subdivision or land development or for the approval of a development plan. Every application for development must include the form designated by the Township Manager and all other plans and information required by this chapter.

AREA, GROSS FLOOR

The sum of all gross horizontal areas of several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of common walls separating buildings. This includes stairwells, all rest rooms, lobby areas, floor space for mechanical equipment and all other common areas and basements.

AREA, LOT

The area of a lot measured on a horizontal plane bounded by the front, side and rear lot lines of the lot.

AREA, NET LOT

The lot area less any portions of the lot located in identified floodplain areas or wetlands or existing rights-of-way.

AREA, NET SITE

The site area less any portions of the site located in environmentally sensitive areas, those areas designated for nonresidential uses, including, but not limited to, limited neighborhood commercial areas and common open space, and those areas consisting of streets and utilities.

AREA, SITE

The total area of the lot or lots comprising a site.

ARTERIAL STREET

A public street which serve large volumes of high speed and long distance traffic.

AUTOMOBILE SERVICES

Any building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles.

BAKERY, COMMERCIAL

A retail or wholesale establishment which sells baked goods and confections to businesses and the general public and which may involve on-site processing of the goods offered for sale on the premises, but which shall not include on-site processing of good for delivery to other retail or wholesale outlets.

BANK

A financial institution that is open to the public and engaged in deposit banking and that performs closely related functions, such as making loans, investments, and fiduciary activities.

BAR/TAVERN

An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

BASEMENT

A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is five feet or more or if the basement is used for business or dwelling purposes.

BED-AND-BREAKFAST

A private, owner-operated business where overnight accommodations and a morning meal are provided to transients for compensation.

BEDROOM

A room marketed, designed, or otherwise likely to function primarily for sleeping.

BOARD OF SUPERVISORS

The Board of Supervisors of the Township of Daugherty, Beaver County, Pennsylvania.

BOARDINGHOUSE

A building arranged or used for the lodging, with or without meals, by either transient or permanent residents, for compensation. This definition includes rooming houses, lodging houses, and bed-and-breakfast establishments operated as a principal use.

BOOK AND VIDEO STORE

A retail establishment devoted primarily to selling or renting any of the following: newspaper, magazines, books, and other printed material and video recordings.

BUFFER

An area of land, including landscaping, berms, walls and fences, that is located between one use and another designed to set apart one use area from another in order.

BUILDING

Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or belongings.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, the decklines for mansard roofs, and the mean height between eaves and ridge for gable, hip, and gambrel roofs.

BUILDING LINE

A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the exterior surface of a building or structure on any side. In the case of a cantilevered or projected section of a building, except overhanging eaves, gutters and cornices, the vertical plane will coincide with the most projected surface.

BUILDING PERMIT

Written permission issues by the proper municipal authority for the construction, major repair, alteration, addition or demolition to a structure, including stormwater management facilities.

BUILDING, PRINCIPAL

The building in which the principal use of a lot or site is conducted. Lots or sites with multiple principal uses may have multiple buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

BUSINESS

Any lawful commercial endeavor to engage in the manufacturing, purchase, sale, lease, or exchange of goods and/or the provision of services.

CAMPGROUND

A parcel of land used by campers for seasonal, recreational, or other similar temporary living purposes, in buildings of a movable, temporary or seasonal nature, such as cabins, tents or shelters.

CAR WASH

A facility, whether automatic, semiautomatic or manual, for washing vehicles.

CARTWAY

That portion of the street right-of-way surfaced for vehicular use. Width is determined from one edge of driving surface to the other and shall not include the stormwater gutter or face of curb.

CEMETERY

Land used for or intended to be used for the burial of the deceased, including, but not limited to, columbarium, mausoleums, and mortuaries, when operated in conjunction with the cemetery and within its boundaries.

CERTIFICATE OF USE AND OCCUPANCY

A certificate issued and enforced by the Zoning Officer upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies that all requirements, regulations and other applicable requirements have been satisfied.

CHURCH

A building used for nonprofit purposes by a recognized and legally established sect solely for the purposes of worship.

CLEAR-CUTTING

Removing all or a majority of trees from the area logged.

COLLECTION AND RECYCLING FACILITY

A center for the acceptance and processing of recyclable materials from the public. Recyclable materials shall be limited to glass containers, plastic containers, aluminum beverage cans, steel/bimetal containers, newsprint, high-grade office paper and corrugated paper. Processing of recyclable materials shall be limited to crushing, baling, chipping, shredding or other operations which physically reduce the mass of the materials but which do not alter their composition in any way.

COMMERCIAL AND PRIVATE RECREATION AND ENTERTAINMENT FACILITIES

A facility used for swimming, tennis club, health spa, gymnastics center, rink, track, alley or range, in which the patrons pay a fee and/or are members to participate or view a recreational or entertainment physical activity.

COMMERCIAL LIMITED NEIGHBORHOOD

Small retail uses customarily incidental to residential uses and limited to food, medical supplies, and sundries stores; personal services such as barber and beauty salons, laundromat and dry cleaners (for individual use), and day-care centers; retail food restaurant; and professional offices.

COMMON AREA

That area in a subdivision or planned residential development, including common open space, owned or leased and maintained by an association or other combination of persons for the benefit of the residents of the planned residential development and, if owned under the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., including all common elements designated for the use of all dwelling unit owners.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking lots, areas set aside for public facilities, and stormwater detention basins unless designed and constructed as a wet basin or a naturalized basin.

COMMON OPEN SPACE, USABLE

Common open space meeting the criteria of the Subdivision and Land Development Ordinance

Editor's Note: See Ch. 148, Subdivision and Land Development.

for recreation open space and not containing environmentally sensitive areas, as defined herein.

COMMUNICATION TOWER

Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna or similar apparatus above ground.

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signal owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such a device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas.

COMMUNITY CENTER

A meeting place where people living in the same community may carry on cultural, recreational, or social activities, and possessing outdoor recreational facilities.

COMPREHENSIVE PLAN

The Comprehensive Plan for the Township of Daugherty.

CONDITIONAL USE

A use authorized by this chapter which may be granted only by the Supervisors pursuant to express standards and criteria after recommendation of the Planning Commission and after a public hearing held in accordance with the requirements of this chapter.

CONDOMINIUM

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. The undivided interest in the common elements must be vested in the unit owners for the real estate to be a condominium.

CONFERENCE CENTER

A facility used for corporate or professional meetings, seminars and/or employee training, where all training is conducted within a completely enclosed building, and which may include lodging, dining, and recreational facilities for attendees.

CONSERVATION, NATURAL AND ENVIRONMENTAL CONDITIONS

Protection of basic conditions, qualities, or attributes based on natural features and physiographic constraints by controlling and limiting physical development.

CONSULTING FORESTER or STATE FORESTER

A person employed as a forester by the Commonwealth of Pennsylvania's Department of Environmental Protection, Bureau of Forestry, or a person listed on said Bureau of Forestry's Register of Consulting Foresters as being a graduate of a forestry school accredited by the Society of American Foresters and employed full-time as a private forestry consultant.

CONTRACTING BUSINESS

The administrative offices of a business that provides landscaping, construction, remodeling, home improvements, land development, and related services on a contractual basis, but which involves the storage, either indoors or outdoors, of materials, equipment and vehicles used in the business.

CONTRACTOR'S YARD

An establishment, which may or may not include administrative offices for a business, that provides landscaping, construction, remodeling, home improvements, land development, and related services on a contractual basis, but which involves the storage either indoors or outdoors of materials, equipment and vehicles used in business.

CONVENIENCE STORE

A retail store that offers for sale a limited line of groceries and household items intended for the convenience of the neighborhood, excluding the sale of gasoline.

CONVERSION APARTMENT

Any dwelling unit created by combining space within an existing structure. Conversion apartments must exit onto a common hallway or directly to the exterior of a structure.

CULTURAL CENTER

Services to the public, such as but not limited to museums, auditoriums, art galleries, and libraries.

DAY-CARE FACILITY

Any dwelling, building, or portion thereof, in which child or adult day-care services other than "baby-sitting" are provided, including any on-site outdoor play area.

DECIBELS A-WEIGHTED (DBA)

A unit for describing the amplitude of sound as measured on a sound level meter using the A-weighting network.

DENSITY

The number of dwelling units per acre of site area.

DENSITY, NET SITE

The number of dwelling units per acre of net site area.

DEVELOPER

Any landowner, agent of a landowner or tenant with permission of such landowner who makes an application for development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of mobile buildings or mobile homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage or equipment or materials; and the subdivision of land.

DEVELOPMENT PLAN

The provisions for development, including a planned residential development; a plat of subdivision; all covenants relating to use; location and bulk of buildings and other structures; intensity of use or density of development; streets, ways and parking facilities; common open space and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.

DEVELOPMENT, CONVENTIONAL

Development other than planned residential development.

DIAMETER AT BREAST HEIGHT (DBH)

A measurement of the size of a tree equal to the diameter of its trunk measured 4.5 feet above natural grade.

DIAMETER LIMIT CUTTING

The practice of cutting all and only all trees above a certain diameter within the area logged.

DISTRICT, ZONING

A section of the Township for which uniform regulations governing the use, height, area and intensity of use of buildings and land and open spaces about buildings are herein established.

DRIVE-THROUGH ESTABLISHMENT

An establishment with a drive-through facility which offers in-car service or takeout service, including, but not limited to, financial institutions, food stores, and restaurants, but not including drive-in theaters.

DRIVE-THROUGH FACILITY

Any accessory use which 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 or other businesses, exterior automated teller machines (ATMs), quick-oil-change facilities, car washes, and similar automotive services and other such facilities.

DRIVEWAY

A private area used exclusively for circulation and ingress and egress to a street by the landowner or visitors of the lot.

DWELLING

A building or portion thereof designed for and used exclusively for residential occupancy.

A. 

APARTMENT

— A building, or portion thereof, designed for occupancy by three or more families living independently of each other.

B. 

CONDOMINIUM

— The ownership of individual dwelling units located on a lot or lots which are owned in common by individual unit owners.

C. 

CONVERSION APARTMENT

— An existing building that is or was converted to a dwelling for more than one family without substantially altering the exterior of the building.

D. 

DUPLEX

— A structure containing two dwelling units, each of which has direct access to the outside.

E. 

DWELLING, MULTIFAMILY

— A building containing three or more individual dwellings with separate cooking and toilet facilities in each dwelling and each for exclusive use by one family.

F. 

DWELLING, SINGLE-FAMILY

— A detached residential building which is the only principal structure on the lot, designed exclusively for and occupied exclusively by one family and containing one dwelling unit.

G. 

TOWNHOUSE

— A single-family dwelling unit, with a private entrance from the outside, which is part of a structure that includes dwelling units attached horizontally in a linear arrangement and having a totally exposed front and rear wall.

DWELLING UNIT

A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

EASEMENT, AGRICULTURAL CONSERVATION

A legal agreement restricting development on farmland. Land subject to a conservation easement is generally restricted to farming and open space use.

EDUCATIONAL INSTITUTION

A structure, part of a structure, or structures designed and used for training and teaching of children, youths or adults, including laboratories appurtenant thereto.

EMPLOYEE

Any person who performs any service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.

ENFORCEMENT NOTICE

A notice as provided in § 616.1 of the Municipalities Planning Code (MPC), 53 P.S. § 10616.1, sent by the Township to the owner or occupant of record of a parcel on which a violation of this chapter has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner or occupant of record, the purpose of which is to initiate enforcement proceedings.

ENTERTAINMENT

Predominantly spectator uses conducted within an enclosed building. Typical uses include motion-picture theaters and concert or music halls.

ENVIRONMENTAL IMPACT ASSESSMENT

An assessment of the impact of a use on the natural environment, i.e., geology, topography, soils, hydrology, vegetation, wildlife, wetlands and air quality; and the cultural environment, i.e., lot use, utilities, traffic, population, economics, services, historic assets, and general character of the neighborhood. The assessment of traffic impact must include a complete traffic analysis prepared and sealed by a professional traffic engineer identifying the impact of the proposed development on existing traffic and circulation patterns and proposing solutions to problems which may arise as a consequence of the proposed development.

ENVIRONMENTALLY SENSITIVE AREA

An area with one or more of the following environmental characteristics:

A. 

Steep slopes over 25%.

B. 

Identified floodplain area.

C. 

Wetlands.

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY

A person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary businesses for a fee, tip or other consideration.

ESTABLISHMENT

Editor's Note: When used in relationship to a sexually oriented business.

Includes any of the following:

A. 

The opening or commencement of any sexually oriented business as a new business.

B. 

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.

C. 

The addition of any sexually oriented business to any other existing sexually oriented business or to a non-sexually oriented business.

D. 

The relocation of any sexually oriented business.

EXERCISE CLUB

An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers.

EXTRACTION OF MINERALS

Any use consisting of the mining and extraction of coal or other minerals.

FAMILY

A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

FELLING

The act of cutting a standing tree so that it falls to the ground.

FEMA

The Federal Emergency Management Agency, Federal Insurance Administration.

FINANCIAL INSTITUTION

Any commercial establishment that lends money or engages in a finance-related business, but not including stockbrokerage firms, investment firms and securities firms.

FINANCIAL SECURITY

Surety, in a form acceptable to the Township Solicitor, in the form of cash, a certified check or irrevocable letter of credit and restrictive or escrow account or set-aside agreement from a federal or commonwealth-chartered lending institution, or a corporate performance bond or a labor-and-material payment bond from a surety company authorized to conduct business in the commonwealth, which may be classified as the following:

A. 

IMPROVEMENT SECURITY

— A financial security which guarantees the satisfactory completion of improvements required by this chapter.

B. 

MAINTENANCE SECURITY

— A financial security which guarantees the structural functioning and integrity of improvements required by this chapter for a specified period after their completion and acceptance by the Township.

FLOOD

A general, but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other waters of this commonwealth.

FLOOD-FRINGE

The portion of the floodplain outside of the floodway.

FLOOD, ONE-HUNDRED-YEAR

A flood that, on the average, is likely to occur every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur more frequently).

FLOODPLAIN

A relatively flat or low area adjoining a river, stream or watercourse which is subject to partial or complete inundation and is further defined by the Federal Emergency Management Agency (FEMA).

FLOODWAY

The channel of a river and adjacent land area that must be reserved in order to discharge the waters of the base flood (one-hundred-year flood) so that confinement of flood flows to the floodway area will not result in substantially higher flood levels and flow velocities.

FLOODWAY OR FLOODPLAIN, ONE-HUNDRED-YEAR

The one-hundred-year floodway and that maximum area of land is likely to be flooded by a one-hundred-year flood as shown on the floodplain maps provided by FEMA.

FLOOR AREA RATIO

The ratio of gross floor area of all structures on a lot to total lot area.

FOOTPRINT

The horizontal area as seen in a plan, measured from outside of all exterior walls and supporting columns.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting, and selling of trees for commercial purposes, which does not involve any land development.

FUNERAL HOME

Establishment engaged in undertaking services, such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral home or mortuaries.

GALLERY

An establishment engaged in the sale, loan or display of art books, paintings, sculpture or other works of art.

GARAGE, PRIVATE

An accessory building or a portion of the principal building, enclosed on no 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.

GARAGE, PUBLIC

Any structure, other than a private garage, which is used for storage of motor vehicles for compensation.

GAS STATION

Any building, structure or area of land used for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles.

GREENWAY

A linear park, alternative transportation route, or open space conservation area that provides passive recreational opportunities, pedestrian and/or bicycle paths, and/or the conservation of open spaces or natural resources.

GREENWAY LAND

That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway land may be accessible to the residents of the development and/or the municipality, or it may contain areas of conservancy lots which are not accessible to the public.

GROCERY STORE

Food markets or combination food markets and department stores with more than 4,000 square feet.

GROSS SQUARE FOOTAGE

That area of the structure including the exterior walls, or to the center line of demising walls, and shall include all areas above grade suitable for habitation and finished or unfinished below-grade space, provided that such space has a minimum of three feet of exterior wall surface exposed above grade for at least 50% of its linear exterior wall surface.

HARVEST AREA

The location on the site where timber harvesting occurs.

HEALTH CARE FACILITY

A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury or physical condition, that includes a diagnostic treatment center, rehabilitation center, extended care center, nursing home, intermediate care facility, outpatient laboratory, or central services facility serving one or more such institutions.

HEALTH SPA

A commercial recreation and entertainment facility or private club which has as a principal use a gymnasium, swimming pool or other sports facility and which may offer massages, whirlpool baths, steam rooms, saunas or medical facilities as accessory uses to the principal use.

HISTORIC STRUCTURE

Any structure that is listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; individually listed on a state inventory of historic places; or individually listed on a local inventory of historic places at either the County or Township level that has been certified by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior.

HOME OCCUPATION

An accessory use of a service character customarily conducted within a dwelling by the residents, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate, and in connection therewith there is not involved the keeping of or exhibition of stock-in trade:

A. 

The office of a physician, surgeon, dentist, architect or other professional person, each with not more than one paid assistant, shall be deemed to be a home occupation. Instructions in violin, piano or other individual musical instruments, limited to a single person at a time, shall be deemed a home occupation. The occupations of dressmaker, watchmaker, milliner, seamstress or other persons who offer skilled services to clients and are not professionally engaged in the purchase or sale of economic goods and who have not more than one paid assistant shall be deemed to be home occupations.

B. 

Dancing instruction, band instrument instruction in groups, barbershops, beauty shops, tearooms, tourist homes, real estate offices, convalescent homes, mortuary establishments, stores, trades or businesses of any kind not herein above listed shall not be deemed to be home occupations.

HOSPITAL

An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice.

HOTEL

A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities.

IMPERVIOUS SURFACE

Any hard-surfaced man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks, paved recreation areas, golf courses, swimming pools.

INCINERATOR

An enclosed device, licensed by the Pennsylvania Department of Environmental Protection or its successor agency, which uses controlled combustion for the primary purposes of breaking down solid waste.

INSTITUTION/INSTITUTIONAL USE

A facility that provides a public service and is operated by a federal, state or local government, public or private utility, public or private school or college, church, public agency, or tax-exempt organization.

INTERMEDIATE-CARE FACILITY

A facility that provides nursing care and related medical or other personal health services to human patients on a planned program of care and administrative management, supervised on a continuous twenty-four-hour basis in an institutional setting, as defined in current state licensure requirements.

JUNK

Any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition, including, but not limited to, unregistered, inoperable vehicles; tires; vehicle parts; equipment; paper; rugs; metal; glass; household appliances; machinery, and building materials.

JUNKYARD

A lot, land or structure, or part thereof, used primarily for the collection, storage, processing, sale, salvage and disposal of junk.

KENNEL

A structure on any lot on which animals (except livestock, horses, poultry) are kept, boarded, raised, bred, treated or trained for a fee, including but not limited to dog or cat kennels. For the purpose of this definition, the production of more than two litters in any calendar year shall be considered breeding.

KENNEL, ACCESSORY

A use in conjunction with a veterinary office which includes interior housing for animals only and no outdoor operations.

LAND DEVELOPMENT

Any of the following activities:

A. 

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1) 

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.

(2) 

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

B. 

A subdivision of land.

LANDFILL

Any site licensed by the Pennsylvania Department of Environmental Protection for the disposal of solid waste, other than hazardous waste, as defined and regulated by federal statute.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition); a lessee if he is authorized under the lease to exercise the rights of the landowner; or other persons having a proprietary interest in land.

LANDSCAPING

The area within the boundaries of a given lot that consists of planting materials, including, but not limited to, trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch and other similar materials.

LANDSCAPING CONTRACTOR

A retail business which includes the growing and/or selling of flowers, plants, trees, shrubs and other natural flora and the products which aid in their growth and care and which may include one or more of the following activities as accessory uses: storage of small amounts of decorative landscaping materials such as landscaping ties, decorative rocks, marble chips, sandstone or limestone chips; and/or the storage of small amounts of red dog, slag, sand or gravel to be used in landscaping or preparation of driveways; and/or shredding or screening of topsoil; however, in no case shall any amount of asphalt or cold patch be permitted to be stored or prepared on the site.

LAUNCHING RAMP

Constructed or altered segment of the riverbank or shore used for the purpose of enabling a recreational boat to be placed into the water from a trailer or other apparatus used to transport or store the boat.

LOADING BERTH/SPACE

An off-street area on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on a street or other appropriate means of access.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The total area within the lot lines, excluding the area within any street right-of-way.

LOT, CORNER

A lot at the junction of two or more intersecting streets and having frontage on two or more of such streets.

LOT COVERAGE

That percentage of the lot area covered by the principal building and all accessory buildings and structures, including, but not limited to, decks, swimming pools, storage sheds, garages, and similar structures.

LOT, DEPTH OF

The mean horizontal distance between the front lot line and rear lot line, measured midway between the side lot lines.

LOT, INTERIOR

A lot other than a corner lot or a through lot.

LOT LINE

A line bounding a lot which divides one lot from another or from a street or any other public or private space.

LOT LINE, FRONT

A lot line or lines which separates a lot from a public street or streets.

LOT LINE, REAR

The lot line which is parallel to and most distant from the front lot line of the lot.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT OF RECORD

A lot which has been recorded in the office of the Recorder of Deeds of Beaver County, Pennsylvania.

LOT, THROUGH

A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.

LOT WIDTH

The dimension of a lot measured between the side lot lines on the front yard setback line.

MANUFACTURED HOUSE

A factory-built, single-family structure that is manufactured under the authority 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 habitat, but which is not constructed with a permanent hitch or other device allowing transport of the unit other then for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

MANUFACTURING

The process of making wares by hand, by machinery or by other agency, often with the provision of labor and the use of machinery.

MANUFACTURING, HEAVY

Manufacturing including the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products for which, due to the nature of the materials, equipment or process utilized, the manufacturing operation is considered to be unclean, noisy, hazardous or is associated with other objectionable elements.

MANUFACTURING, LIGHT

The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing.

MEDICAL CLINIC

Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health care practitioners, medical and dental laboratories, outpatient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.

METHADONE FACILITY

A facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance, or detoxification of persons.

MINERAL

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

MIXED-USE DEVELOPMENT

A single building containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, with separate entrances and designed for year-round occupancy, primarily for transient automobile travelers, and providing for accessory off-street parking areas.

MUNICIPAL USE

Any building, structure or use of land by a municipal governing body or a municipal authority/commission created by the governing body.

NIGHTCLUB

A place of assembly, other than a dwelling unit, including private clubs which may offer food, drink and entertainment, either live or recorded, and characterized by low light levels and closely packed tables, whether or not the consumption of alcoholic beverages is permitted or allowed on the premises. A nightclub may also operate as a restaurant during all or part of its hours of operation. An adult cabaret shall not be considered a nightclub but shall be considered a sexually oriented business.

NO-IMPACT HOME-BASED BUSINESS

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:

A. 

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B. 

The business shall employ no employees other than family members residing in the dwelling.

C. 

There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.

D. 

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

E. 

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.

F. 

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.

G. 

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. 

The business may not involve any illegal activity.

NONCONFORMING LOT

A lot the area or dimension 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.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent-of-use provisions in this chapter 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.

NONCONFORMING USE

A building or use of land lawfully existing on the effective date of this chapter that does not completely conform to the use regulations for the zoning district in which it is located.

NUDE MODEL STUDIO

A. 

Any place where a person who appears seminude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

B. 

A nude model studio shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college, or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

(1) 

That has no sign visible from the exterior of the structure and no other advertising that indicated a nude or seminude person is available for viewing.

(2) 

Where in order to participate in a class a student must enroll at least three days in advance of the class.

(3) 

Where no more than one nude or seminude model is on the premises at any one time.

NUDITY or A STATE OF NUDITY

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

NURSING HOME

A proprietary facility, licensed by the commonwealth, for the accommodation of convalescents or chronically-ill persons, in which such nursing care and medical services are prescribed by or are performed under the general direction of persons licensed to provided such care or services in accordance with state laws.

OCCUPANCY

The physical possession upon, on or within any lot or structure for a use.

OCTAVE BAND

A prescribed interval of sound frequencies which permits classifying sound according to its pitch.

ODOROUS MATTER

Any matter or material that produces a response in the normal human nose.

OFFICE, BUSINESS

An office for such businesses as insurance, utilities, stenographic service, employment service, real estate, post office, and sales such as those by a manufacturer's representative.

OFFICE, PROFESSIONAL

An office of a professional, such as legal, medical, dental, engineering and surveying, architectural and stockbrokerage firms, securities and investment firms.

OFFICIAL MAP

A map adopted by ordinance by the Supervisors pursuant to Article IV of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10401 et seq.

PARKING AREA

Any lot, municipally or privately owned, for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as agreed service or for a fee.

PARKING SPACE

An area for the purpose of parking an automobile with access to a public street or alley.

PARKING, OFF-STREET

Parking or storing of an automobile on private or public areas, but not on streets, roads, highways or alleys.

PARKING, ON-STREET

Parking or storing of an automobile that is located within the street right-of-way.

PERSONAL CARE HOME

A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for more than three adults who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self administration, but who do not require hospitalization or care in a skilled nursing or intermediate care facility, as defined in current state licensure requirements.

PERSONAL SERVICES

An establishment or place of business engaged in the provision of services of a personal nature (for example, beauty shops and barbershops; shoe repair; and tailor shops).

PHARMACY

A retail establishment engaged in the sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

PHOTOGRAPHIC STUDIO, PERSONAL-SERVICE

A retail establishment for the purpose of photographing subjects and processing photographs for commercial purposes, but not including photography requiring professional models.

PHOTOGRAPHIC STUDIOS, BUSINESS-SERVICE

A retail establishment for the purpose of photographing subjects and processing photographs for commercial purposes for business.

PLANNED RESIDENTIAL DEVELOPMENT (PRD)

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required common open space to the regulations established in any one zoning district created, from time to time, under the provisions of this chapter.

PLANNING COMMISSION

The Planning Commission of Daugherty Township.

POND

Any body of water artificially or naturally formed or increased that has a surface area of 1,000 square feet or more that may be used for recreation and swimming.

PRESERVATION/PROTECTION

When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

PRIME AGRICULTURAL LAND

Land used for agricultural purposes that contains soils of the first, second or third class, as defined by the United States Department of Agriculture, Natural Resources Conservation Services county soil survey.

PRINTING AND PUBLISHING ESTABLISHMENT

An establishment for the production of written or graphic materials for individuals or businesses. Typical processes include, but are not limited to, printing, photocopying and blueprint.

PRIVATE IMPROVEMENTS

All improvements to be owned, maintained or operated by a private entity, such as an individual, corporation or homeowners' association, including roads, streets, walkways, parking lots, gutters, curbs, waterlines, sewers, stormwater management facilities, landscaping, lighting, traffic control devices and other facilities for which plans and specifications must comply with the minimum requirements of this chapter, the Subdivision and Land Development Ordinance, and/or conditions attached to the granting of zoning approval or conditional use approval, including temporary erosion and sedimentation control and stormwater management control methods undertaken during construction.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the municipal governing body intended to inform and obtain public comment prior to taking action in accordance with the Pennsylvania Municipalities Planning Code.

PUBLIC IMPROVEMENTS

All roads, streets, walkways, sidewalks, gutters, curbs, sewers, waterlines, stormwater management facilities, landscaping, streetlighting, traffic control devices and other facilities to be dedicated to or maintained by the Township.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act.

Editor's Note: P.L. 388, No. 84, was repealed 10-15-1998 (P.L. 729, No. 93); see now 65 Pa.C.S.A. § 701 et seq.

PUBLIC NOTICE

A notice published once a 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.

PUBLIC UTILITY FACILITIES

All of the buildings, wells, dams, reservoirs, plant and equipment of a public utility, including all tangible and intangible real and personal property without limitation, and any and all means and instrumentalities in any manner owned, operated, leased, licensed, used, controlled, furnished, or supplied for, by or in connection with the business of any public utility.

RECREATION OPEN SPACE

That area of land meeting the requirements of the Subdivision and Land Development Ordinance for recreation open space, which is defined as "that area of land suitable for the development of specific active recreation facilities for leisure time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields, including, but not limited to, baseball fields, soccer fields, football fields, tennis, basketball and other court games, hockey facilities, multipurpose fields and community swimming pools and attendant facilities."

RECREATION, COMMERCIAL

An enterprise operated for profit by other than a public entity, either indoors or outdoors, for the pursuit of sports, recreation, or leisure activities.

RECREATION, NONCOMMERCIAL

An enterprise operated by an individual, association, or corporation, other than a public entity, including sports, recreation or leisure activities, the use of which is limited to members and their guests, including, but not limited to, country clubs, golf courses, golf practice facilities, playing fields, tennis or racquet clubs, swimming pools, and similar facilities.

RECREATION, PUBLIC

An enterprise 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.

REPAIR SHOP

Any building, premises, and land in which or upon which a business, service or industry involving maintenance, servicing, or repairing of goods, excluding vehicles, is conducted or rendered.

RESEARCH LABORATORY

A structure or group of structures used primarily for applied and developmental research, where product testing is an integral part of the operation and goods or products may be manufactured as necessary for testing, evaluation, and test marketing.

RESTAURANT

A structure in which the principal use is the preparation and sale of food and beverages.

RETAIL STORE

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RETAIL STORE, SPECIALTY

Retail operations that specialize in one type or line of merchandise. Such stores may include, but are not limited to, apparel stores, jewelry stores, bookstores, shoe stores, stationary stores, antique stores, and similar establishments.

RETIREMENT COMMUNITY

A residential development designed primarily or exclusively for occupancy by elderly or retired persons and which features one or more of the following special services associated with the needs of elderly or retired persons, including, but not limited to, transportation, limited nursing facilities, dispensaries, common dining facilities, laundry service, minimal housekeeping, recreation programs, personal services (such as beauty shops and barbershops, or cleaner's valet service), florist and/or gift shop, doctors' offices, branch bank, postal station and similar services or facilities.

RIDING ACADEMY

Any establishment where horses are kept for riding, driving, stabling for compensation or incidental to the operation of any club, association, ranch, or similar establishment.

RIGHT-OF-WAY

A strip of land acquired by reservation, dedication, forced dedication, prescription, condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary or storm sewer and other similar uses; generally, the right of one to pass over the property of another.

ROADSIDE PRODUCE MARKET

A temporary structure not permanently affixed to the ground and readily removable in its entirety, which is used solely for the display or sale of farm products produced on the premises upon which such roadside stand is located.

ROOF

The cover of any building, including the eaves and similar projections.

SCHOOL

Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania.

SEMINUDE or IN A SEMINUDE CONDITION

The state of dress in which clothing partially or nonopaquely covers specified anatomical areas.

SENIORS

An individual over the age of 65.

SERVICE STATION

Any commercial building or structure, premises or other place used to supply motor fuels, lubricants, tires, batteries, and other small accessories to motor vehicles, and where repair work is not done, but automobile maintenance is permitted.

SETBACK

The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its principal business purposes, offers, for any form of consideration:

A. 

Physical contact in the form of wrestling or tumbling between persons of the opposite sex.

B. 

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

SHOPPING CENTER

A group of retail and other commercial establishments that are planned, owned, and managed as a total entity with customer and employee parking provided on site. The two main configurations of shopping centers are malls and strip centers.

SIDEWALK

An improved pedestrian surface that is typically located adjacent to a roadway.

SIGN

Any structure or device for visual communication that is used for the purpose of bringing the subject to the attention of the public.

A. 

ADVERTISING SIGN

— A sign relating to commercial, industrial, private, recreational, public utility, or other similar business conducted on the premises in which the sign is located.

B. 

CENTER SIGN

— A business sign which provides identification at the entrance to a complex such as a shopping center, office complex, or industrial park.

C. 

ELECTION SIGN

— A sign directing attention to a candidate, political party, or a ballot.

D. 

FLAT WALL SIGN

— Signs which are erected or displayed on or parallel to the surface of a building.

E. 

GROUND SIGN

— Signs which are stationary but not supported by a part of a building, which are erected on an independent structure (legs or base), so that the structure is the main support of the sign.

F. 

HOME OCCUPATION

— Name signs indicating the name, profession or activity of the occupant of the dwelling unit.

G. 

IDENTIFICATION SIGN

— Signs identifying schools, churches, hospitals, or similar institutions and for lodges, clubs, residential developments, parks, recreation areas, and other public assets.

H. 

REAL ESTATE SIGN

— A sign advertising the sale, rental, leasing or development of the premises.

I. 

ROOF SIGN

— A sign erected upon and above a roof structure and wholly supported by the roof structure placed upon a roof.

J. 

SPECIAL EVENT SIGN

— A temporary sign or banner advertising a sale or providing information about a special event sponsored by a legally recognized institutional, public, civic or charitable organization.

K. 

WALL PROJECTING SIGN

— A sign which is mounted upon a building so that the principal face is at right angles to the building.

SITE PLAN

A plan, to scale, showing uses and structures proposed for a parcel of land. It includes lot lines, streets, buildings, major landscape features and, depending on requirements, the locations of proposed utility lines.

SKIDDING

The dragging of trees on the ground from the stump to the landing by any means.

SKILLED NURSING FACILITY

A facility which provides nursing care and related medical or other health services for a period of 24 hours or more for two or more individuals not in need of hospitalization but who, because of age, illness or other infirmity, require high-intensity comprehensive planned nursing care, as defined in current state licensure requirements.

SLASH

All debris resulting from logging operations, including stems, limbs and parts thereof. "Tops" shall be the word used to refer to the upper portion of a felled tree not normally merchantable. Typically, a "top" becomes part of the "slash" produced by a logging operation.

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to express standards and criteria.

SPECIFIED ANATOMICAL AREAS

Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely covered.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

A. 

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

B. 

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

C. 

Excretory functions as a part of or in connection with any of the activities set forth in the subparagraphs above.

STABLE, PRIVATE

Any accessory building in which horses are kept for riding, driving, stabling for private use and not for hire or sale.

STEEP SLOPE

Land area where the inclination of the land's surface from the horizontal plane is 15% or greater. Man-made slopes shall not be considered steep slopes.

STORAGE, OUTSIDE

The storage of any materials outside the principal or accessory buildings on a property.

STORY

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 the floor and the ceiling next above it.

STREET

A public or private way which affords vehicular access to abutting properties, but not including driveways, parking lots, or walkways. "Street" includes the entire right-of-way. If there is no officially established grade, the Township Engineer shall establish same.

STREET, ARTERIAL

A roadway that provides for high mobility and limited access. These roadways connect urban centers and convey traffic for distances more than one mile. Arterials often connect urban centers with outlying communities and employment.

STREET, COLLECTOR

A roadway that is intended to provide for a greater degree of mobility than for land access. Collectors generally convey traffic for medium travel distances (generally greater than one mile). Collectors serve motorists between local streets and arterial roads.

STREET, LOCAL

A street primarily intended to provide immediate access to adjoining residential land use; intended to serve residential dwellings and be short in length within a suburban development. In outlying rural areas, local streets may have greater distances. Local streets are intended to only provide for transportation within a particular neighborhood or to another type of street classification.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

STUDIO

A building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for radio or television broadcasting.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purposes, 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.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

A. 

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

B. 

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

SUPPLY YARD

A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards shall not include the wrecking, salvaging, dismantling, or storage of automobiles and similar vehicles.

SWIMMING POOL

A pool or tub constructed either above or below grade, having a depth at any point in excess of 18 inches and surface area greater than 100 square feet, intended for recreational purposes, including swimming and bathing.

TIMBER HARVESTING or LOGGING

The cutting down and removal of trees and logs to be converted to any forest product or for sale to others or for other purposes. Timber harvesting shall not include the removal of dead or diseased trees or a homeowner cutting on his own property for his own use.

TIMBER HARVESTING/LOGGING OPERATOR

Any individual, partnership, company, firm, association or corporation engage in timber harvesting, including agents, subcontractors, and employees thereof.

TOP

The upper portions of a felled tree that is unmarketable because of small size, taper or defect.

TOWNSHIP

The municipal governing bodies of Daugherty Township.

TRACT

A contiguous expanse of land under the control of one person.

TRADE SCHOOL

A specialized instructional establishment that provides on-site training of business, commercial and/or trade skills, such as accounting, data processing, and computer repair.

TRAILS

A way designed for and used by equestrians, pedestrians, and cyclists using nonmotorized bicycles.

TRUCK TERMINAL

A facility to accommodate the service, repair and storage of trucks and other motorized equipment and trailers, and which may incidentally provide warehousing activities and transfer facilities.

USE

The specific purpose for which land or a building is designed, arranged or intended or for which it may be occupied or maintained. The term "authorized use or its equivalent" shall not be deemed to include any nonconforming use.

USE BY RIGHT

An authorized use permitted by administrative decision of the Zoning Officer.

USE BY SPECIAL EXCEPTION

An authorized use which may be granted only by the Board in accordance with express standards and criteria.

USE, AUTHORIZED

Any principal or accessory use allowed by this chapter as a use by right, conditional use, use by planned residential development, or use by special exception.

USE, PRINCIPAL

The specific primary purpose for which a lot or site is used.

VARIANCE

Relief granted pursuant to the provisions of this chapter.

VETERINARIAN OFFICE

A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment.

VIEWING BOOTHS

Booths, stalls, partitioned portions of a room, rooms or other enclosures which are available for viewing:

A. 

Films, movies, videos, or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical areas.

B. 

Persons who appear in a state of nudity or seminudity or who offer performances or presentations characterized by the exposure of specified anatomical areas or by specified sexual activities.

VILLAGE

An unincorporated settlement that is part of a Township, where residential and mixed-use densities of one unit per acre or more exist or are permitted and limited commercial, industrial, and institutional uses exist or are permitted.

WAREHOUSE AND DISTRIBUTION FACILITY

An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials.

WAREHOUSE/SELF-STORAGE FACILITY

A building or group of buildings in a controlled access 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.

WASTE TRANSFER FACILITY

A facility which receives and temporarily stores waste at a location other than the lot or site where it is generated, which may or may not involve the treatment of the waste, and which facilitates the transfer of the waste to a facility for further processing or disposal.

WETLAND

Any area meeting the criteria of the appropriate state or federal agency to be a wetland.

WHOLESALE ESTABLISHMENT

An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional or professional business users, or to wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.

WINE

Liquor which is fermented from grapes and other fruits, having alcoholic content of 24% or less. The term "wine" shall not include any products containing alcohol derived from malt, grain, cereal, molasses or cactus.

WINERY

Any premises and plants where any alcohol or liquor is produced by the process by which wine is produced, or premises and plants wherein liquid such as wine is produced; and shall include the manufacture by distillation of alcohol from the by-products of wine fermentation when the alcohol so derived is used solely to fortify the fermented products, under such regulations as are or may be promulgated by the proper agency of the United States government, and such alcohol, for that purpose only, may be sold or exchanged between wineries holding permits in this commonwealth without restriction.

WINERY/PROCESSING PLANT

A winery not engaged in viticulture activities that produces and sells alcoholic ciders, wines and wine coolers only from fruits grown generally in Pennsylvania in an amount not to exceed 200,000 gallons per year.

WINERY/VINEYARD

A winery engaged in viticulture activities, inclusive of a plantation of grape-bearing vines grown mainly for winemaking, that produces and sells alcoholic ciders, wines and wine coolers only from fruits grown generally in Pennsylvania and for which at least half are grown on the premises in an amount not to exceed 200,000 gallons per year.

YARD

An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of the required yard shall be measured as the shortest distance between the structure and the lot line or street right-of-way line or, in the case of a street which is not dedicated to the Township, from the edge of the cartway.

YARD, FRONT

The yard between the required front yard setback line and a street right-of-way line and extending the entire length of the street right-of-way line. In the case of a corner lot, the yards extending along all street right-of-way lines are front yards.

YARD, REAR

The yard between a structure and the rear lot line and extending the entire length of the rear lot line. In the case of a corner lot, the yard opposite from and parallel to the street on which the structure fronts shall be considered the rear yard.

YARD, SIDE

A yard between a structure and a side lot line, extending from the front yard; in the case of a corner lot, the yard which is not a front yard or rear yard.

ZONING APPROVAL

Approval under the provisions of this chapter, certifying that an application for development or application for zoning approval for occupancy and use has fulfilled the requirements of this chapter.

ZONING DISTRICT

An area accurately defined as to boundaries and location on the Zoning Map and within which area only certain types of land uses are permitted and within which other types of land uses are excluded.

ZONING MAP

The map setting forth the boundaries of the zoning districts within the Township to which this Zoning Ordinance applies and which shall be a part of this chapter.

ZONING OFFICER

The person appointed by the Supervisors in accordance with this chapter, whose duty it shall be to administer this chapter and such other chapters as may be assigned by the Supervisors. The Zoning Officer shall be the zoning officer as required by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. The Zoning Officer shall have all the powers and be subject to all the provisions as set forth in the Municipalities Planning Code, 53 P.S. § 10101 et seq., with respect to zoning officers.