Derry Township Mifflin County
City Zoning Code
City Zoning Code
ARTICLE I
Background Provisions
§ 215-1 Short title.
This chapter shall be known and may be cited as the "Derry Township Zoning Ordinance of 1997."
§ 215-2 Purpose.
This chapter is enacted to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements, as well as to prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life, or property from fire, flood, panic or other dangers. This chapter is enacted in accordance with an overall planning program, and with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and structures.
§ 215-3 Scope.
From and after the effective date of this chapter, the use of all land and every building or structure or portion of a building or structure erected, altered with respect to height and area, added to, or relocated, and every use within a building or structure or use accessory thereto in the Township shall be in conformity with the provisions of this chapter. Any existing building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming buildings, structures, or uses.
§ 215-4 Interpretation.
A.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the residents of the Township.
B.
In interpreting the language of zoning ordinances to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction.
§ 215-5 Conflict with other provisions.
It is not intended by this chapter to repeal, abrogate, annul, or interfere with any existing ordinances or enactment, or with any rule, regulation or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter, provided that where this chapter imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than are required by the provisions of other such ordinance, enactment, rule, regulation or permit, then the provisions of this chapter shall control. Furthermore, if a discrepancy exists between any regulations contained within this chapter, that regulation which imposes the greater restriction shall apply.
§ 215-6 Uses not provided for.
Whenever, in any zone established under this chapter, a use is neither specifically permitted nor denied, and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall deny the use and refer the application to the Zoning Hearing Board for an interpretation of this chapter in accordance with Article VI of this chapter.
§ 215-7 Establishment of zones.
For the purpose of this chapter, Derry Township is hereby divided into zones which shall be designated as follows:
Agricultural Zone (A) |
Rural Zone (R) |
Low-Density Residential Zone (LDR) |
Medium-Density Residential Zone (MDR) |
High-Density Residential Zone (HDR) |
Village Commercial Zone (VC) |
General Commercial Zone (GC) |
Health Care Zone (HC) |
Light Industrial Zone (LI) |
Heavy Industrial Zone (HI) |
Quarry Zone (Q) |
Forest Zone (F) |
Floodplain Zone (FP) |
§ 215-8 Zoning Map.
The areas within Derry Township, as assigned to each zone, and the location of the zones established by this chapter are shown upon the Zoning Map which, together with all explanatory matter thereon, is attached to and is declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Township office.
§ 215-8.1 Zoning district boundary changes.
[Added 4-16-2018 by Ord. No. 2018-1]
A.
The zoning district designation of that premises or land area situated in the Township of Derry, consisting of 12.741 acres, referred to as Lot Addition A, and abutting Ferguson Valley Road, SR 4013, in that Subdivision Plan for Candice C. Zimmerman, dated June 23, 2017, prepared by Wright Land Surveying, and recorded as Mifflin County Instrument No. 2017-003417, in the Office of the Recorder of Deeds of Mifflin County, Pennsylvania, at Courthouse, Lewistown, Pennsylvania, is hereby revised, amended and changed from General Commercial Zone (GC) to Low-Density Residential Zone (LDR). Title is presently in name of Wade E. Curry and Maxi E. Curry. See Mifflin County Instrument No. 2017-005218. Part of Mifflin County Tax Parcel No. 16, 04-0101B--,000.
B.
The zoning district designation of that premises or land area, situated in the Township of Derry, consisting two lots of ground with an area of 13.331 acres and 4.295 acres, respectively, bounded and described in accordance with that Subdivision Plan for Standard Steel, LLC, dated November 6, 2017, revised December 6, 2017, prepared by Wright Land Surveying, and recorded as Mifflin County Instrument No. 2017-005327, in the Office of the Recorder of Deeds of Mifflin County, Pennsylvania, at Courthouse, Lewistown, Pennsylvania, is hereby revised, amended and changed from Heavy Industrial Zone (HI) to General Commercial Zone (GC). Title presently in name of CAPital Holdings of Lewistown, LLC, Mifflin County Instrument No. 2017-005424. See Mifflin County Tax Parcel Nos. 16, 03-0117A--,000 and 16, 03-0117B--,000, respectively.
C.
The zoning district designation of that premises or lot or parcel of ground situated in the Township of Derry, consisting of 1.8617 acres, bounded and described as noted hereinafter, and presently partially located in the Rural Zone (R) and also partially located in the Forest Zone (F), is changed so that the total lot or parcel of ground shall be zoned as Rural Zone (R). Said lot or parcel of ground is more specifically described as being bounded and described in accordance with a Plan of Subdivision for Lands of David C. and LaDonna S. Smith, prepared by Taptich Engineering & Surveying, Inc., dated April 2016, last revised March 2017, and recorded in the Office of the Recorder of Deeds for Mifflin County, Pennsylvania, as Instrument Number. 2017-002874, beginning at a rebar, said rebar being the northernmost point of the lot herein conveyed; thence along other lands identified as "Residue" on the aforesaid Plan of Subdivision, South 39 degrees 31 minutes 13 seconds East 287.28 feet to a rebar set; thence along the northern boundary of a private roadway identified as "Vanart Lane" on the aforesaid Plan of Subdivision South 60 degrees 52 minutes 12 seconds West 101.23 feet to a rebar found; thence along a private roadway identified as "Vanart Lane" and lands now or formerly of Robert L. Hosler and Nicole D. Hosler South 39 degrees 34 minutes 04 seconds East 148.28 feet to a rebar found; thence South 66 degrees 35 minutes 02 seconds West 101.30 feet to a point; thence South 48 degrees 10 minutes 37 seconds West 12.82 feet to a point in a forty-foot right-of-way known as Ewardtown Road (T-434); thence along and through said forty-foot right-of-way known as Ewardtown Road (T-434) the following courses and distances: North 41 degrees 49 minutes 23 seconds West 135.07 feet to a point; North 41 degrees 53 minutes 25 seconds West 134.52 feet to a point; North 41 degrees 06 minutes 43 seconds West 122.95 feet to a point; and North 40 degrees 53 minutes 10 seconds West 50.26 feet to a point; thence departing said forty-foot right-of-way known as Ewardtown Road (T-434) and along land now or formerly of William L. Goss North 55 degrees 23 minutes 42 seconds East 125.53 feet to a rebar found; thence continuing along land now or formerly of William L. Goss North 55 degrees 48 minutes 17 seconds East 100.00 feet to a rebar, the place of beginning; containing 1.8617 acres and being identified as "Lot #l" and land of Fred A. Adams and Beverly K. Adams on the aforesaid Plan of Subdivision, Tax Map Reference No. 16, 03-102H--,000, being the same premises which Fred A. Adams, single man, sold and conveyed to Dennis L. Ross and Misty L. Ross, husband and wife, by Deed dated May 25, 2018, and recorded in the Office of the Recorder of Deeds for Mifflin County, Pennsylvania, as Instrument No. 2018-002014.
[Added 8-20-2018 by Ord. No. 2018-2]
D.
The zone in which the following parcels of real estate are situated is hereby changed from Low-Density Residential Zone (LDR) to General Commercial Zone (GC), and the said land shall, as of the effective date of this ordinance, be zoned General Commercial Zone (GC). The parcels being rezoned are described as follows:
[Added 11-13-2019 by Ord. No. 2019-6]
(1)
All that certain parcel or tract of land situated in Derry Township, Mifflin County, Pennsylvania, described as follows, to wit: that premises sold and conveyed by Barry L. Marker and Diane E. Marker, husband and wife, to the Trustees of the Church of God at Lewistown, by deed dated January 11, 2005, and recorded as Mifflin County Record Book 537 at Page 990, being referred to as Mifflin County Tax Map Parcel No. 16, 09-0105IC —,000;
(2)
All that certain parcel or tract of land situated in Derry Township, Mifflin County, Pennsylvania, described as follows, to wit: that premises sold and conveyed by Philip E. Gingerich, Jr., and Shannon L. Gingerich, husband and wife, to Philip E. Gingerich, Jr., and Shannon L. Gingerich, husband and wife, as tenants by the entireties, by deed date July 27, 2005, and recorded as Mifflin County Record Book 544 at Page 425, being referred to as Mifflin County Tax Map Parcel No. 16, 09-0105IA—,000; and
(3)
All that certain parcel or tract of land situated in Derry Township, Mifflin County, Pennsylvania, described as follows, to wit: that premises sold and conveyed by Mifflin County Industrial Development Corporation to John C. Dillon and Sherry L. Dillon, husband and wife, by deed dated October 19, 2006, and recorded as Mifflin County Record Book 558 at Page 2468, being referred to as Mifflin County Tax Map Parcel 16, 09-0105G—,000.
E.
The zone in which Mifflin County Tax Parcel No. 16, 16-1200—,000, is located is changed so that Mifflin County Tax Parcel No. 16, 16-1200—, 000, including the northern residue thereof, is completely within the Medium-Density Residential Zone (MDR), as more fully appears on Exhibit B,[1] attached hereto, incorporated herein by reference.
[Added 9-3-2019 by Ord. No. 2019-5]
[1]
Editor's Note: Exhibit B is on file in the Township offices.
§ 215-9 Zone boundary lines.
The zone boundary lines shall be as shown on the Zoning Map. Zone boundary lines are intended to coincide with lot lines, center lines of streets, alleys, railroad rights-of-way, and streams at time of passage of this chapter, the corporate boundary of the Township or as shown on the map. In the event of dispute about the location of the boundary of any zone, the Zoning Officer shall investigate and render a decision on the location of the line. Appeals from this decision shall be made to the Zoning Hearing Board.
§ 215-10 Community development objectives.
This chapter is enacted in accordance with the Derry Township Comprehensive Plan, and has been formulated to implement the purpose set forth in § 215-2 above. This chapter is enacted with regard to the community development objectives listed in Chapter II of the Derry Township Comprehensive Plan, Mifflin County, Pennsylvania (June 18, 1997).
§ 215-11 Definitions.
A.
Word usage. Words and phrases shall be presumed to have their ordinary meaning, unless the word or phrase is defined differently within this section.
B.
Language interpretation. In this chapter, when not inconsistent with the context:
(1)
Words in the present tense imply also the future tense.
(2)
The singular includes the plural.
(3)
The male gender includes the female gender.
(4)
The word "person" includes an individual, incorporator's association, partnership or corporation, as well as any similar entity.
(5)
The term "shall" or "must" is always mandatory.
C. ACCESS DRIVE ACT ADULT-RELATED FACILITIES(1) (2) (3) (a) (b) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) AGRICULTURE AIRPORT ALLEY ALTERATIONS AMUSEMENT ARCADE ANIMAL HOSPITAL AQUACULTURE AUTOMOBILE, MOTORCYCLE, ATV, SNOWMOBILE, BOAT, MOTORIZED WATERCRAFT, TRAILER, RECREATIONAL VEHICLE, AND MOBILE HOME SALES AND RENTALS AUTOMOBILE FILLING STATION BASE FLOOD BASE FLOOD ELEVATION BASEMENT BED-AND-BREAKFAST BEEKEEPING BILLBOARD BOARD BOARDINGHOUSE or PERSONAL CARE FACILITY BUILDING BUILDING AREA BUILDING HEIGHT BUILDING SETBACK LINE CABIN GROUPING CAMPGROUND CAMPSITE CARTWAY CEMETERY CERTIFICATE OF USE AND OCCUPANCY CHANNEL CHURCH AND RELATED USES COMMERCIAL RECREATION FACILITY COMPREHENSIVE PLAN CONDITIONAL USE CONDOMINIUM CONSERVATION OR NATURAL AREA CONSERVATION PLAN CONVENIENCE STORE(1) (a) (b) (c) (2) CONVERSION OFFICE CONVERSION RETAIL DAY CARE(1) (2) (3) DENSITY, NET DEVELOPMENT DEVELOPMENTAL DISABILITY(1) (2) (3) DISABILITY DOMESTIC PETS DRIVEWAY DRIVING RANGE DWELLING(1) (2) (3) (4) (5) (a) (b)
DWELLING UNIT EARTHMOVING ACTIVITY ECHO HOUSING (ELDER COTTAGE HOUSING OPPORTUNITY) FAMILY FARM FARM OCCUPATION FARM-RELATED BUSINESS FENCE or WALL FILL FINANCIAL INSTITUTION FLAT WALL SIGN FLEA MARKET FLOOD FLOOD ELEVATION FLOOD OF RECORD FLOODPLAIN FLOODPROOFING FLOODWAY FLOOR AREA GROSS FLOOR AREA HABITABLE FREESTANDING SIGN GARAGE, PRIVATE GOLF COURSE GROUP HOME HAZARDOUS MATERIALS HAZARDOUS WASTE(1) (2) HAZARDOUS WASTE FACILITY HEAVY INDUSTRIAL USES HEIGHT, BUILDING HEIGHT, STRUCTURE HELIPAD HELIPORT HISTORIC STRUCTURE(1) (2) (3) (4) HOME OCCUPATION(1) (a) (b) (c) (d) (e) (f) (2) HOSPICE HOSPITAL HOTEL, MOTEL and SIMILAR LODGING FACILITY HUNTING, FISHING, SKIING, OR BOATING LODGES IMPERVIOUS SURFACE INTENSIVE COMMERCIAL POULTRY AND/OR LIVESTOCK OPERATION INTERIOR DRIVE JUNKYARD KENNEL LANDOWNER LANDSCAPE SCREEN LOADING SPACE LOT(1) (2) (3) (4)
LOT AREA LOT COVERAGE LOT OF RECORD LOT WIDTH MANUFACTURING MANURE STORAGE FACILITY MEAN SEA LEVEL MEDICAL OR DENTAL OFFICE MINI WAREHOUSE MOBILE HOME MOBILE HOME LOT MOBILE HOME PARK MODEL HOME MUNICIPAL WASTE NIGHTCLUB NONCOMMERCIAL KEEPING OF LIVESTOCK NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE NONCONFORMITY, DIMENSIONAL NURSING OR REST HOMES OBSTRUCTION OFFICE ONE-HUNDRED-YEAR-FLOOD BOUNDARY ONE-HUNDRED-YEAR-FLOOD ELEVATION ON-LOT SEWER SERVICE ON-LOT WATER SERVICE OPEN SPACE PA DEP PennDOT PARKING LOT PARKING SPACE PARKS AND PLAYGROUNDS, PUBLIC AND/OR NONPROFIT PERSON PLANNED CENTER PLANNING COMMISSION PREMISES(1) (2) (3) PRINCIPAL WASTE HANDLING FACILITY PRIVATE CLUB PUBLIC PUBLIC HEARING PUBLIC MEETING PUBLIC NOTICE PUBLIC SEWER PUBLIC USES PUBLIC UTILITIES STRUCTURES PUBLIC WATER QUARRY RADIOACTIVE MATERIAL RECREATIONAL VEHICLE RECYCLING COLLECTION FACILITY RECYCLING STATION RESIDUAL WASTE RESORT OR RETREAT FACILITY RESTAURANT RESTAURANT, DRIVE-THROUGH OR FAST-FOOD RETAIL RETIREMENT VILLAGE RIDING SCHOOL and/or HORSE BOARDING STABLE RIGHT-OF-WAY ROOF SIGN RURAL OCCUPATION SATELLITE DISH ANTENNA SCHOOL(1) (2) (3) (4) SEASONAL DWELLING SETBACK(1) (2) (3) SETBACK LINE SHARED DRIVEWAY SHOOTING RANGE SHOPPING CENTER SIGN SOIL SURVEY SPECIAL EXCEPTION SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES(1) (2) (3) (4) (5) (6) (7) STORY STREET STREET CENTER LINE STREET LINE (RIGHT-OF-WAY LINE) STRUCTURE(1) (a) (b) (2) SUBSTANTIAL IMPROVEMENT(1) (2) SWIMMING POOL TAVERN TEMPORARY FARMWORKER HOUSING TOWNSHIP TRAVEL TRAILER(1) (2) (3) (4) (5) TWO-FAMILY CONVERSION USE(1) (2) USE AND OCCUPANCY PERMIT VARIANCE WALL-PROJECTING SIGN WAREHOUSE WASTE WATERCOURSE WATERSHED WHOLESALE WIND ENERGY CONVERSION SYSTEM (WECS) WINDOW YARD(1) (2) (3) ZONING ZONING OFFICER
Specific words and phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter:
An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm, or two single-family dwelling units utilizing a shared driveway.
The latest version of the Pennsylvania Municipalities Planning Code, as amended.[1]
A business or club which engages in one or more of the following areas of sales, services or entertainment:
ADULT BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania;
ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed;
ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade:
Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; and
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas;
ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service;
ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art, or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania[2] for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma;
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically 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 so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas;
ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs;
ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the commonwealth, to engage in sexual therapy;
ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons; and
Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including the keeping or raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees, and other similar animals. This definition also includes noncommercial greenhouses and mushroom houses.
An area used for the landing and taking off of aircraft. Such use may also include support services, such as fueling and maintenance equipment, passenger terminals, and storage hangars.
A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.
Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls. Any renovation to a building which would change its use, location and/or size.
A commercial establishment which provides, as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, Skee-Ball, electronic or water firing ranges and other similar devices).
Any establishment offering veterinary services. Animal hospitals can treat all types of animals and may or may not include outdoor keeping of animals.
The growing of sea animals or plants for commercial purposes.
Any building or land devoted to the retail sale of automobiles, motorcycles, ATVs, snowmobiles, boats, motorized watercraft, trailers, and mobile homes, including accessory service and repair facilities if conducted within a completely enclosed building.
Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, engine rebuilding, body- and fender work, painting, vehicular sales, nor rental or automatic car washes. This use may include minor incidental repair of motor vehicles, such as the replacement of lights, wipers, signals, flat tires, batteries, or belts. This use may also include convenience stores.
The flood having a 1% chance of being equaled or exceeded in any given year (one-hundred-year flood).
The projected flood height of the base flood.
Any area of a building having its floor below ground level on all sides.
An owner-occupied single-family detached dwelling where between one and six rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.
An accessory use to a farm in which bees are raised and/or kept in compliance with § 215-12B(7)(c) of this chapter.
A sign upon which advertising matter of any character is printed, posted, or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed.
The Zoning Hearing Board of Derry Township.
A detached building or portion thereof arranged or used for the housing or feeding, or both, of more than four and not more than 10 individuals that do not constitute a family. A personal care facility may additionally provide some level of nursing care.
Any structure with a roof intended for shelter or enclosure of persons, animals or property.
The total of areas taken on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered porches, awnings, terraces, and steps.
A building's vertical measurement from the mean level of the ground abutting the building at its comers to the highest point of the roof.
The actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes sun parlors and porches, whether enclosed or unenclosed, but does not include steps.
A grouping of small, seasonal dwellings intended for temporary occupancy on a rental basis. A cabin grouping may include a dining area where meals may be offered to registered overnight guests only.
A lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents.
A plot of ground within a campground intended for occupation by a recreational vehicle or tent
That portion of a street or alley right-of-way that is intended for vehicular movement.
Land used or intended to be used for the burial of the deceased, including columbaria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoria, which shall be considered as funeral homes. All cemeteries shall be required to be licensed by the Pennsylvania Department of State.
A statement signed by a duly authorized Township officer setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.
A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.
A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and church-related educational and/or day-care facilities.
An activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including, but not limited to, bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses or amusement arcades.
The Derry Township Comprehensive Plan, Mifflin County, Pennsylvania, adopted June 18, 1997.
A use which may be defined in one of two ways. Some conditional uses are generally compatible with a particular zone, often being accessory, or conversion-oriented. Where such uses are likely to be frequently occurring and only minor impacts are associated with them, there is no compelling reason for the services of a court recorder as is required for special exception uses. For this reason, and so as not to impose an undue hardship on this class of applicants, such uses will be reviewed as conditional uses. A second type of conditional use is a use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. These uses may involve significant off-site impacts, making governing body review desirable. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 215-133 of this chapter.
A form of property ownership providing for individual ownership of a specific dwelling unit, or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.
An area owned or managed by a governmental, nonprofit or public utility organization, whether open to the public or not, for the purpose of protecting an identified significant natural resource or resources.
A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land. Such plan is required for any agricultural, horticultural or forestry-related uses, including timbering, which involve earthmoving activities, and must be approved by the Mifflin County Conservation District.
A retail sales business which specializes in providing household products and foods. Convenience stores may also provide for any or all of the following as an accessory use:
The rental of videotapes, provided that an adult bookstore is specifically prohibited;
The preparation and sales of delicatessen sandwiches and foods, provided that no patron seating is provided; and
The use of no more than two amusement devices (e.g., pinball machines, video games, and other similar devices).
Convenience stores shall not include the dispensing of gasoline or other vehicle fuels, unless the appropriate approvals for an automobile filling station (as defined herein) have been obtained.
The adaptation of one single-family dwelling into an office or offices.
The adaptation of one single-family dwelling into a retail use.
The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition includes preschool facilities, but does not include the offering of overnight accommodations.
FAMILY DAY CAREAn accessory use to a single-family dwelling in which four to six individuals who are not related to the residents of the principal dwelling are cared for and supervised during any calendar day. Family day care must be registered by the Commonwealth of Pennsylvania.
GROUP DAY CAREAn accessory use to a detached single-family dwelling in which seven to 11 individuals who are not related to the residents of the principal dwelling are cared for and supervised during any calendar day. Group day care requires a license from the Commonwealth of Pennsylvania.
DAY-CARE CENTERA principal use in which more than 11 individuals are cared for and supervised during any calendar day. A day-care center requires a license from the Commonwealth of Pennsylvania.
The number of dwelling units permitted in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way, private streets, and areas within the Floodplain Zone as described in § 215-24 of this chapter.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or, in the Floodplain Zone, the storage of equipment or materials.
A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:
Attributable to mental retardation, cerebral palsy, epilepsy or autism;
Attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons, or requires treatment and services similar to those required for such persons; and
Incapacitation due to physical or mental handicap. For purposes of determining eligibility for ECHO housing, a letter from a physician may be required attesting to the disability and the need for care by another.
The noncommercial keeping of no more than four adult nonfarm animals, that are locally available for purchase as pets, as an accessory use to a primary residential use.
An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm. Driveway is also defined to include a shared driveway utilized by two single-family dwelling units.
An outdoor area intended for use by the general public in driving golf balls.
Any building or portion thereof designed and used exclusively for residential occupancy, including those uses listed below, but not including hospitals, nursing homes, hotels, motels, boarding, rooming and lodging houses, resorts and retreats, institutional housing, cabins, and the like, offering overnight accommodations for guests or patients. All dwellings must be permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting, or settling unevenly due to frost action. In addition, all dwellings shall be properly connected to approved and permanently designed sewer, water, electrical (if applicable) and other utility systems. The above requirements shall apply to all the following dwelling types:
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family, and having two side yards, one front yard, and one rear yard; in the case of a comer lot, the building will have two front and one side and rear yards. Modular, or manufactured, homes are considered single-family detached dwellings so long as they comply with the general requirements of a dwelling. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, they comply with Subsection (5), as follows. Travel trailers, as defined herein, shall not be construed as dwellings;
DUPLEX(Two-family; single-family semidetached) — A freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard;
MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units;
TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls;
MOBILE HOMEAny structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers and travel trailers. For the purposes of this chapter, all mobile homes, except those contained within mobile home parks (see "mobile home park"), shall be governed by all regulations applicable to single-family detached dwellings, and the following:
All apparatuses used to tow or transport the mobile home (including, but not limited to, the towing hitch) shall be removed; and
All mobile homes and additions thereto shall be installed either according to the manufacturer's specifications or consistent with the most recent Manufactured Home Installation Standards as specified in the National Conference of State Building Codes and Standards ANSI NCSBCS A225.1 publication.
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A building or portion thereof arranged or designed for occupancy by not more than one family.
Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.
An accessory use to the primary agricultural or residential use of the property in which an additional temporary dwelling unit is placed on a property for occupancy by up to two elderly, handicapped or disabled persons related by blood, marriage or adoption, who are first cousins or closer to the occupants of the principal dwelling.
An individual or individuals related by blood, marriage, or legal adoption (including persons receiving foster care) that maintain one common household and live within one dwelling unit. Additionally, up to four unrelated individuals who maintain a common household and live within one dwelling unit may be considered a family. Finally, a family shall also expressly include any number of unrelated persons who reside within a licensed group home, as defined herein.
Any parcel of land with a minimum of 10 acres which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.
An accessory use to the primary agricultural use of a property in which residents engage in a secondary occupation conducted on the active farm.
A use intended to provide necessary farm-related goods and services to local agriculture, or to provide for the distribution or processing of locally grown agricultural products. A farm-related business may or may not be conducted on an active farm.
A structure designed as a barrier to restrict the movement or view of persons, animals, property and/or vehicles. This definition shall not include ornamental fence treatments that are located in the front yard and extend less than 1/2 the width and/or depth of the front yard.
Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including, but not limited to, levees, bulkheads, dikes, jetties, embankments, and causeways.
A bank, savings and loan association, credit union, finance or loan company, or stock or brokerage office.
A sign erected, or displayed on, or parallel to the surface of a building.
A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Flea markets can include indoor and outdoor display or merchandise.
A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses, or other body of surface water, or from the unusual and rapid accumulation or runoff of surface waters from any source.
The projected heights, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes and frequencies in the floodplain areas.
The flood which has reached the highest flood elevation above mean sea level at a particular location.
An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
Any combination of structural and nonstructural additions, changes or adjustments to structures or contents which reduce or eliminate flood damage to property, structures and their contents.
The channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the one-hundred-year-frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year-frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the banks of the stream.
The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.
The sum of the floor areas of a dwelling unit, as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including unfinished basements or attics, nor service rooms or areas such as utility rooms, nor unheated areas, such as enclosed porches.
Any sign erected upon a permanently affixed independent structure (legs or base) so that such structure is the main support of the sign.
An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided, however, that one commercial vehicle of a capacity of not more than 3/4 ton may be stored therein where the use of such vehicle is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors, and provided adequate off-street parking is still available on the same lot as the dwelling unit.
A golf course with a minimum of 2,800 yards of play in nine holes.
A dwelling operated by a responsible individual, family, or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the Township prior to beginning the use. Group homes shall be subject to the same limitations and regulation by the Township as single-family detached dwellings.
Materials which have the potential to damage health or impair safety. Hazardous materials include, but are not limited to, inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts, lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal tar adds, such as phenols and cresols, and their salts; petroleum products; and radioactive material. Also included for purposes of the Floodplain Zone are floatable materials with the potential to cause physical damage, such as logs, storage tanks, and large containers.
Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution facility and other discarded material including solid, liquid, semi-solid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration, or physical chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of, or otherwise managed.
Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for storage or treatment for any time span other than the normal transportation time through the Township.
Any industrial use that is characterized by any of the following:
A building's vertical measurement from the average ground level at the corners of the building to the highest point of the roof.
A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.
An accessory use to a hospital or other medical facility where no more than one helicopter may land/take off and be stored.
An area intended for the landing and taking off of helicopters. Such use may also include support services, such as fueling and maintenance equipment, passenger terminals and storage hangars.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
A business or commercial activity that is conducted as an accessory use in a single-family detached dwelling unit, and which is characterized by any of the following:
Exterior evidence of the business, including signs;
Sales, personal service or display of goods from the home;
The occupation of the business or commercial activity over more than 15% of the habitable floor area;
Employment of a nonresident;
On-site storage of a commercial vehicle or vehicles; or
The delivery of materials and goods by trucks larger than standard panel trucks.
An in-home activity which does not display any of the above characteristics is permitted by right in every zone.
A facility licensed in the Commonwealth of Pennsylvania which renders inpatient and outpatient care on a twenty-four-hour basis to terminally ill persons.
An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four-hour basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.
A facility which provides lodging to boarders for compensation, which contains seven or more rooms, and which may provide meals and other services as a part of the compensation.
A private facility, including buildings and premises used for outdoor recreational purposes not conducted for profit and excluding any vending stands, merchandising or commercial activities. Such facility may offer overnight accommodations and meals to no more than 20 guests for periods not to exceed two weeks.
Any material which covers the land which inhibits the percolation of stormwater directly onto the soil, including, but not limited to, buildings, pavement and stormwater facilities that discharge stormwater off the site.
An agricultural use involving the commercial keeping and handling of poultry and/or livestock quantities of an average adult weight for horses, dairy cattle and layer chickens and/or an average market weight of all other livestock of more than 2,000 pounds per acre. This definition shall include commercial stockyards and feedlots.
Any on-site vehicular movement lane(s) that is associated with a use other than a single-family dwelling.
An area of land with or without buildings used for the storage, outside a completely enclosed building, of used and discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same.
Any lot on which three or more animals (except relating to a farm) are kept, boarded, raised, bred, treated, or trained for a fee, including, but not limited to, dog or cat kennels.
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 shall be deemed to be a landowner for the purposes of this chapter.
A visual barrier composed of evergreen shrubs and trees, walls, fences and earth berms arranged to form both a low-level and a high-level screen between grade, and to a height of six feet.
An off-street paved space suitable for the loading or unloading of goods, material or equipment and having direct usable access to a street or alley.
Any parcel or tract of land intended as a single use for purposes of ownership, transfer of ownership, use, rent, improvement or development. The word "lot" includes the word "plot," "parcel" or "tract." Contiguous nonconforming lots of record under common ownership as of the date of adoption of this chapter shall be considered one lot, unless there are enough nonconforming lots to constitute more than one conforming lot.
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall have two front yards, one side, and one rear yard.
LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage. A flag lot includes a narrow projection or "flagpole" to the public right-of-way, which serves as access to the parcel.
LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.
LOT, THROUGH OR REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets.
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The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.
A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks).
A lot identified on a subdivision plan or in a deed or other instrument of conveyance recorded in the office of the Recorder of Deeds in and for Mifflin County, Pennsylvania.
The horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the nonaddress street and the directly opposite property line.
A function involving either the production or processing of materials, goods or products.
An open or covered pit, detached structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and aboveground storage.
The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.
Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.
A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.
Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 215-86 of this chapter. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there-imposed. For the purposes of § 215-24 of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.
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, which is leased by the park owner to the occupants of the mobile home erected on the lot.
A parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.
Residences which are used for demonstration purposes and which are open to the public for viewing during specified hours. Such model homes shall be limited to three per structural type and shall be subject to all density, lot size, setback, and other requirements of the zone.
Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semi-solid, or contained gaseous material resulting from operations of residential, municipal, commercial, or institutional establishments and from community activities, and sludge not meeting the definition of residual or hazardous waste, from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment.
The keeping of livestock as an accessory use to a principal detached nonfarm dwelling.
A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zone in which it is located by reasons of such adoption or amendment.
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 this chapter or amendment 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 structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation.
Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.
Facilities designed for the housing, boarding and dining, and nursing care of 10 or more individuals.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or which is placed where the flow of the water might carry the same downstream to the damage of life and property.
A place where the primary use is conducting the affairs of a business, profession, service, or government, including administration, recordkeeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods or products; or the sale or delivery of any materials, goods, or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.
The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed surveyor or professional engineer registered by the Commonwealth of Pennsylvania is necessary to define this boundary.
The water surface elevations of the one-hundred-year flood.
The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection.
The provision of a safe, adequate, and healthful supply of water to a single principal use from a private well.
A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.
Pennsylvania Department of Environmental Protection.
Pennsylvania Department of Transportation.
An accessory use in which required, and possibly additional, parking spaces are provided subject to the requirements listed in § 215-38 of this chapter.
An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.
An individual, corporation, partnership, incorporator's association, or any other similar entity.
A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include "planned center signs" as regulated herein.
The Planning Commission of Derry Township.
The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:
Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction, and not used by the activity, and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership;
Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity; and
Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.
A principal use whereby waste is brought to the site for storage, processing, treatment, transfer, or disposal.
An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, and where there are not conducted any vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include "adult-related facilities," as defined herein.
Owned, operated or controlled by a governmental agency (federal, state, or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Mifflin County School District).
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action on zoning-related matters.
A meeting held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," as it may be amended from time to time.[3]
Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, conditional use and/or variance requests shall also include the posting of a sign or signs at conspicuous locations along the perimeter of the subject property, as deemed appropriate by the body holding the hearing. The sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing. In the event that the definition and requirements for "public hearings" are changed by amendments to the Act,[4] those amendments shall be incorporated into this definition.
A municipal sanitary sewer or comparable conversion or package facility approved and permitted by the PA DEP and capable of serving multiple uses.
Includes public and semi-public uses of a welfare and service nature, such as fire stations, libraries, municipal buildings and garages, etc., but excluding schools, churches and health care uses.
Lines, pipes and other structures intended to convey and transport gas, oil, sewage, water, telephone, electricity, and other similar utilities, and which are in possession of a certificate of public convenience from the Pennsylvania Public Utilities Commission.
A municipal water supply system or a comparable conversion water facility approved and permitted by the PA DEP and capable of serving multiple users.
An area used for the excavation, mining and/or processing of mineral or aggregate resources, but excluding the extraction of such resources by a landowner for his or her own noncommercial use on land owned or leased by him or her; PennDot borrow pits; the handling, processing or storage of slag on the premises of a manufacturer as a part of the manufacturing process; dredging operations carried out in rivers and streams of the commonwealth; and the extraction, handling, processing and storage of any building or excavation materials where such materials are incidental to the building or excavation. (NOTE: The above activities exempted from the definition of quarry may be subject to other requirements of PennDot and the PA DEP.)
Any natural or artificially produced substance which emits radiation spontaneously.
See "travel trailer."
An accessory use whereby recyclables are dropped off by the public for collection by a waste hauler and/or processor.
A principal use whereby collected recyclables are separated, processed, cut, shredded, cleaned, ground, crushed, bundled, and/or packaged for reuse.
Garbage, refuse, other discarded material, or other waste, including solid, liquid, semi-solid or contained gaseous materials resulting from industrial, mining and agricultural operations, and sludge from a water supply treatment facility, wastewater treatment facility or air pollution control facility for the same, if it is not hazardous.
A facility which provides lodging, meals, conference facilities, outdoor recreational facilities, and other related services to guests on a daily or weekly basis, excluding any vending stands, merchandising or commercial activities not part of the resort or retreat facility. Such facility may accommodate no more than 100 guests.
An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition.
An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off the site.
The display and sale of goods and products to the general public. This term shall not include adult-related facilities, as defined herein.
A compact grouping of residences made available to individuals of at least 50 years of age or those with disabilities.
A principal use whereby equestrian instruction is offered and/or horses are kept, bred, trained and/or exercised. Such use may also involve the rental of horses for riding purposes to the general public.
A corridor of publicly owned or eased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including, but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")
A sign erected or displayed upon the roof of any building or structure.
A business or commercial activity that is conducted as an accessory use to a principal single-family detached dwelling unit, within a completely enclosed outbuilding.
A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs," and "satellite microwave antennas."
A principal use in which supervised education or instruction is offered according to the following categories:
COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the School District;
PRIVATE SCHOOLA school that offers elementary, secondary, post-secondary and/or postgraduate education that may, or may not, be operated as a gainful business;
PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education, and operated by the School District;
VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:
A dwelling, cabin, lodge or summer house no larger than 900 square feet per floor which is intended for occupancy fewer than 182 days of the year.
The required horizontal distance between a setback line and a property or street right-of-way line.
SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.
A common driveway that serves two single-family detached dwellings.
A place where members of the public, for a fee or by invitation, can discharge firearms for recreation, competition, skill development, and training. For the purpose of this chapter, a firearm shall include any instrument that uses a propelling charge to move a projectile (e.g., rifle, gun, shotgun, pistol, air gun, or archery). "Shooting range" does not include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
A group of stores planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit
A device for visual communication that is used to bring the subject to the attention of the public, but not including lettering or symbols that are an integral part of another structure, or flags or other insignia of any government, fraternal, or similar organization.
The latest published version of the United States Department of Agriculture's Soil Survey for Mifflin County, Pennsylvania.
A use that can be compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 215-124C of this chapter.
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae, and/or human male genitals in a discernible turgid state, even if completely and opaquely covered.
For the purposes of this chapter, this term shall include any of the following:
Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;
Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
Masochism, erotic or sexually oriented torture, beating, or the infliction of pain;
Erotic or lewd touching, fondling or other contact with an animal by a human being;
Human excretion, urination, menstruation, vaginal or anal irrigation.
That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story, having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls is not more than two feet above such story.
Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way used or intended to be used by vehicular traffic and/or pedestrians.
The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.
A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.
Any man-made object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
STRUCTURE, PRINCIPALA structure associated with a primary use.
Structures shall not include such things as fences, sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes, and any other similar nonpermanent improvements.
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
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; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
Any pool, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
An establishment which serves primarily alcoholic beverages, but which may also serve food, for mostly on-premises consumption, and which is licensed by the Pennsylvania Liquor Control Board.
An accessory additional temporary dwelling unit placed on a property for occupancy by a person (and family) engaged in farm work on the subject property.
Derry Township.
A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a travel trailer:
The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled, or when hauled by a standard motor vehicle on a highway;
The unit is mounted or designed to be mounted on wheels;
The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck;
The unit contains, or was designed to contain, temporary storage of water and sewage; and
The unit contains some identification by the manufacturer as a travel trailer.
The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.
The specific purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
USE, PRINCIPALThe main or primary use of property or structures.
A permit issued by the Zoning Officer certifying a use's compliance with information reflected on the building permit and this chapter.
A modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the Act.[5]
Any sign mounted upon a building so that its principal face is not parallel to the building wall.
A building used for the storage of goods, products and materials that is not open to the public.
Garbage, refuse and other discarded materials, including, but not limited to, solid, semi-solid, contained gaseous and liquid materials resulting from municipal, industrial, institutional, commercial, agricultural, residential, and other activities. Such wastes shall also include biological excrement and hazardous waste materials, as defined in 40 CFR 261 (1984), or as amended. Waste shall expressly include those materials defined, at any given time, as "waste" by the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency. For the purposes of this chapter, the difference between "waste" and "junk" or "recyclables" is that waste shall include materials that have entered a reasonably continuous process by which their ultimate disposal is imminent; whereas junk includes materials that may be stored for longer periods of time awaiting potential reuse or ultimate disposal; and where recyclables include materials that have entered a reasonably continuous process whereby their reuse is imminent.
A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.
All the land from which water drains into a particular watercourse.
The sale of goods and products to retailers and not to the general public.
Any device which converts wind energy to mechanical or electrical energy, consisting of an assemblage of blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, which is designed to harness the kinetic energy of wind.
An opening to the outside, other than a door, which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.
An area between the permitted structures and the property lines.
YARD, FRONTThe area contained between the street right-of-way line and the principal structure.
YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be all areas between the building and every lot line.
YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s).
The designation of specified districts within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.
The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.