The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter.
ACCESS DRIVEAn improved cartway designed and constructed to provide for vehicular movement between a public or private road and the off-street parking and/or loading area for any use other than one single-family dwelling unit or farm.
ACCESSORY BUILDINGA detached, subordinate building, the use of which is customarily incidental to that of the principal use and which is located on the same lot as the principal use.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.
ACTThe Pennsylvania Municipalities Planning Code.
ADULT ENTERTAINMENT USEAny structure, building, or use which is open to the general public in which 20% or more of the occupied sales or display area offers for sale, for rent, lease, loan or for view upon the premises pictures, photographs, drawings, prints, images, sculpture, still film, motion-picture film, videotape, or similar visual representations distinguished or characterized by an emphasis on sexual content or sexually explicit nudity depicting exposed male or female genitalia, or books, pamphlets, magazines, printed matter or sound recordings, containing explicit or detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual content, or which offers for sale sexual devices. This definition shall also include a building, structure, or a portion thereof, or a use open to the general public, used for presenting motion-picture film, videotape, live performances, or similar visual representation or materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity depicting exposed male or female genitalia.
AGRICULTUREThe tilling of the soil, the raising of crops, horticulture, and the keeping or raising of livestock. This definition also includes noncommercial greenhouses and mushroom houses, the processing and retail sale of goods produced on a farm, uses devoted to research into agricultural technology that would change the conduct of normal farming operations and custom work. For the purposes of this definition, "custom work" shall mean the hiring of another person or agency who does not reside on the subject property to perform one or more activities necessary to the function of the principal farm use as a whole. This definition of agriculture does not include concentrated animal feeding operations, concentrated animal operations, commercial produce operations and gardening, each as defined below. Agriculture shall be a principal use and shall be understood to include one dwelling unit as well as all structures necessary for the housing of animals, storage of feed and equipment, and other operations customarily incidental to agricultural use. Below are definitions relevant to agriculture:
B. COMMERCIAL GREENHOUSEA retail business devoted to the raising and/or selling of trees, ornamental shrubs, flowers, and houseplants for transplanting, along with the sale of ancillary supplies wherein the preponderance of the growing operation is indoors.
C. COMMERCIAL PRODUCE OPERATIONAn agricultural use whereby plant materials are principally grown within enclosed buildings, and where such use exceeds a lot coverage of 10%.
D. CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)An agricultural use which includes an animal feeding operation that is, due to the quantities of commercial keeping and handling of livestock with certain characteristics, required to obtain NPDES permits in accordance with the Clean Water Act as set forth at 33 U.S.C. § 1251 et seq., as may be amended from time to time.
E. CONCENTRATED ANIMAL OPERATION (CAO)An agricultural use which includes an animal feeding operation that is, due to the quantities of commercial keeping and handling of livestock with certain characteristics, required to develop a nutrient management plan in accordance with the Pennsylvania Nutrient Management Act as set forth at 3 Pa.C.S.A. § 501 et seq., as may be amended from time to time.
F. FARMA parcel of land that is used for one or more agricultural operations, including but not necessarily limited to the raising of agricultural products, livestock, poultry, or the production of dairy products. A "farm" shall be understood to include a dwelling unit as well as all structures necessary for the housing of animals, storage of feed and equipment, and other operations customarily incidental to farm use.
G. FARM OCCUPATIONA business or commercial activity that is conducted as an accessory use to a principal agricultural or horticultural use.
H. LIVESTOCKAn animal typically bred and raised associated with some form of agriculture. This term shall expressly include alpacas, birds, bees, burrows, cattle, cows, donkeys, fish, fowl, goats, hogs, horses, mules, sheep, goats, llamas, peacocks, potbelly pigs, poultry, rabbits, shellfish, swine, and other similar animals for commercial distribution.
I. PRIME AGRICULTURAL LANDLand used for agricultural purposes that contains soil of the first or second class as defined by the latest edition of the United States Department of Agriculture Natural Resource and Conservation Services Web Soil Survey.
AIRCRAFTAny contrivance, except an unpowered hang glider or parachute, used for manned ascent into flight through the air.
AIRPORTAny area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or navigation facilities or rights of way, together with all airport buildings and facilities thereon.
A. PRIVATE AIRPORTAn airport that is privately owned and which is not open or intended to be open to the public, as defined in 74 Pa.C.S.A. § 5102.
B. PUBLIC AIRPORTAn airport that is either publicly or privately owned and that is open to the public as defined in 74 Pa.C.S.A. § 5102.
ALLEYA minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.
ALTERATIONSAny exterior structural addition to a building; any renovation to a building which would change its use; any change or rearrangement in the structural parts of a building such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls; the moving of a building from one location or position to another.
ALTERNATIVE ENERGY SYSTEMAny device installed as an accessory use that supplies energy principally for the principal use of the property that is derived from natural sources (e.g., solar panels, wind turbines, hydro turbines, geothermal exchangers and similar and emerging technologies.) This definition shall expressly exclude outdoor furnaces, as defined herein.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors, and assigns.
APPLICATION FOR DEVELOPMENTEvery application required to be filed and approved prior to start of construction or development, including but not limited to, an application for a zoning permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
AREAThe two-dimensional measurement of space between known lines or boundaries.
A. BUILDING AREAThe total area of all buildings (principal and accessory) taken on a horizontal plane at the main grade level.
B. GROSS FLOOR AREAThe sum of the floor areas of a building as measured to the outside surfaces of exterior walls and/or all areas intended for the conduct of a use.
C. GROSS LOT AREAThe total surface area contained within the property lines of a lot, exclusive of exterior public rights-of-way.
D. HABITABLE FLOOR AREAThe 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, basement, bedroom, bathroom, family room, closets, hallways, stairways, and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches.
E. NET LOT AREAThe total surface area contained within the property lines of a lot, exclusive of public rights-of-way, public and private streets and the following features:
(3) Access easements serving another principal use;
(4) Sanitary sewer and water easements serving another principal use;
(5) Gas pipeline easements and/or rights-of-way;
(6) Land within easements and/or rights-of-way for overhead electric transmission lines 66 KV and greater;
(7) Stormwater management facilities, pipes and/or swales intended to serve another principal use;
(8) Riparian buffers as regulated in §
205-136 of this chapter;
(9) Permanent and open bodies of water;
(10) The floodplain zone as delineated under the terms of §
205-135 of this chapter;
(11) Wetlands as regulated as delineated under the terms of §
205-137 of this chapter; and/or
(12) Slopes of 25% or greater.
F. MINIMUM LOT AREAThe least amount of lot area required to be associated with a principal use as specified within this chapter.
G. RETAIL SALES AREAThe total area of use which is devoted to the display of goods and/or services, including aisles, to prospective patrons.
H. SITE AREAThe lot area or portion thereof devoted to a particular use as regulated by this chapter.
AREA OF DISTURBANCEThe total land area proposed to be used for and/or within any, and all, of the following:
A. Except as modified by Subsection
C below, any area within the lot proposed for development that is within 15 feet of any or all of the following existing or proposed features:
(1) A principal building or structure [except as provided in Subsection A(3) below];
(2) Accessory structures existing or proposed at the time of development of the principal building or structure; and
(3) An accessory structure of more than 400 square feet of lot coverage.
B. Any areas within the lot proposed for development that are within 10 feet of any existing or proposed gravel or paved areas, including gravel or paved driveways;
C. Any areas within the lot proposed for development that are within 40 feet of the rear of the principal building; and
D. Any areas proposed to be graded, cleared or otherwise altered that are 1,000 square feet or greater in size.
ATTICThat part of a building which is immediately below and completely or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.
AUCTION HOUSEA principal commercial use at which items are imported for public or private sale during a competitive bidding process. This use shall also expressly include a cafeteria or refreshment counter provided such use is contained completely within an enclosed building and patrons are limited to those participating in the auction. This term shall not include automobile auctions as defined below.
AUDITORIUMA building containing a stage and/or screen and seating for meetings, performances, or screening of movies.
AUTOMOBILE AUCTIONA use whereby passenger vehicles are offered for wholesale and/or retail sales at prearranged sales during a competitive bidding process.
AVOIDANCE MEASURESSpecific actions that have been identified by one of the Pennsylvania Natural Diversity Inventory (PNDI) jurisdictional agencies that must be fulfilled by an applicant in order to inflict no impact upon a special concern species or resource in the vicinity of the project area.
BASEMENTA space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground and with a floor-to-ceiling height of greater than 6 1/2 feet.
BED-AND-BREAKFASTA single-family detached dwelling, where between one and five sleeping accommodations are rented to overnight guests on a daily basis for periods not exceeding two weeks. Breakfast may be offered only to registered overnight guests.
BEEKEEPINGThe raising or keeping of bees within a man-made enclosure (beehive) for hobby or business purposes.
BOARDERAn individual other than a member of a family occupying a room within a dwelling unit or a lodging facility who, for compensation, is furnished sleeping accommodations within such dwelling unit or lodging facility, and who also may be furnished meals or other domestic services in return for compensation.
BOARDINGHOUSEA building or portion thereof arranged or used for sheltering or feeding, or both, as a gainful business, for one or more boarders. This term includes single-room occupancy residences (SROs), tourist homes, and rooming houses. It expressly excludes bed-and-breakfast arrangements and short-term rentals (including arrangements known as "AirBNB").
BUFFERExcept as referenced in §§
205-136 and
205-137 of this chapter, a continuous strip of land that is clear of all buildings and paved areas and is landscaped in accordance with §
205-40 of this chapter.
BUILDINGAny structure with a roof intended for shelter or enclosure of persons, animals or property.
C. ATTACHEDA building which has two or more common walls.
BUILDING ENVELOPEThe area of a lot that is available for development and free of restrictions as specified in this chapter, which may include building set back requirements, rights-of-way, easements, floodplains, wetlands, steep slopes, and all similar restrictions.
BUILDING HEIGHTA building's vertical measurement from the mean level of the ground abutting the corners of the building to the highest point of the building, including except as noted in §
205-28, any signs, antennas or other appurtenances.
BUILDING PERMITPermits issued under the Uniform Code Construction Code. Permits issued under this chapter are "zoning permits."
BUILDING SETBACK LINEThe actual distance between the closest part of a building including roof overhangs, (excluding those permitted projections listed in §
205-26 of this chapter) and:
A. In the case of a front yard, all adjoining street right-of-way lines;
B. In the case of a side yard, all side lot lines; and
C. In the case of a rear yard, all rear lot lines.
CAMPGROUNDA lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by guests, travelers and/or transients in recreational vehicles or tents.
CAMPSITEA plot of ground within a campground intended for occupation by a recreational vehicle, tent or travel trailer.
CAR WASHA commercial use used to clean the exterior, and sometimes the interior, of automobiles. There are several types of car washes, ranging from self-service coin-operated automatic car washes to fee-based full-service operations.
CARPORTA roofed structure open on two or more sides for the storage of motor vehicles.
CARTWAYThe paved surface of a street or access drive intended and available for use by vehicular traffic.
CASINOSA gaming facility other than a racetrack and/or an off-track betting parlor wherein wagering and other lawful gambling activity, is conducted under Pennsylvania law. This use shall include any facility in which gambling devices, including but not limited to slot machines, video poker machines, punch boards, and similar devices are located. The term "lawful gambling activity" shall not include the sale of lottery tickets in compliance with state lottery law.
CATERERS, BAKERS AND CONFECTIONERSA retail commercial use devoted to the preparation, packaging and/or delivery of prepared foods for consumption at another location. This use shall also expressly include the retail sales of those goods produced on the site; however, no seating for on-site consumption shall be permitted.
CELLARA space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area.
CEMETERYLand used or intended to be used for the burial of the deceased, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall also include facilities for the burial of domestic pets.
CERTIFICATE OF ZONING COMPLIANCEA statement signed by the Zoning Officer setting forth that a building, structure, sign, and/or use of land complies with this chapter and a previously issued zoning permit.
CHILD DAY-CARE FACILITYA facility in which a wide range of formal care is provided by qualified staff for remuneration to children under the age of 16 years, if such children are not related to the provider by blood, marriage or adoption or are not placed in the home as foster children pursuant to direction by an authorized licensed foster child agency or who are not placed in the home by court order. This definition does not include the offering of overnight accommodations. Any child day-care use shall meet all applicable requirements of the State Department of Public Welfare. The following types of child day-care uses are regulated by the Pennsylvania Department of Public Welfare:
A. CHILD-CARE CENTERA child-care facility in which seven or more children who are not related to the operator receive childcare. A child-care center must have a certificate of compliance (license) from the Pennsylvania Department of Public Welfare in order to legally operate (55 Pa. Code Chapter 3270).
B. GROUP CHILD-CARE HOMEA child-care facility in which seven though 12 children of various ages or in which seven though 15 children from fourth grade through 15 years of age who are not related to the operator receive child care. A group child-care home must have a certificate of compliance (license) from the Pennsylvania Department of Public Welfare in order to legally operate (55 Pa. Code Chapter 3280).
C. FAMILY CHILD-CARE HOMEA child-care facility located in a home in which four, five or six children who are not related to the caregiver receive child care. A family child-care home must have a certificate of registration from Pennsylvania Department of Public Welfare in order to legally operate (55 Pa.Code Chapter 3290). This definition shall include any child-care services provided in a home for less than four children who are not related to the caregiver despite not being regulated by the Pennsylvania Department of Public Welfare.
CHURCH AND RELATED USESA building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include synagogues, mosques, temples, rectories, convents, cemeteries and church-related recreation, educational and/or day-care facilities and orphanages.
CLAY LINERFine grained soil that is used in the construction of a liner that limits the rate of surface water intrusion into the subsurface.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at a street intersection defined by a line of sight between points at center lines.
CLUB, PRIVATEAn organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided 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.
CODECode of the Township of Dickinson.
COMMERCIAL RECREATION FACILITYAn activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including but not limited to, bowling alleys, cinemas, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, and etc. This does not include adult entertainment uses, outdoor shooting ranges, automobile and/or animal racing with or without related wagering facilities, campgrounds, convention or conference center, gaming operations, golf courses and driving ranges, off-track betting, slot machine parlors and/or casinos.
COMMERCIAL VEHICLEA motor vehicle that is associated with a business and/or exceeds the limitations of a passenger vehicle, as defined herein.
COMMON OPEN SPACEA 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 areas, and areas set aside for public facilities.
COMMON PARKING AREAA parking facility serving multiple uses or properties that is not owned by one user or property, although it may be owned jointly by all or some of the users.
COMMON WALLA wall used or adopted for joint service between two buildings or parts thereof.
COMMUNICATIONS ANTENNAAny device or equipment used for the transmission or reception of wireless communications signals for ultimate reception by a modem, computer, similar internet use or purpose, radio, television, wireless telephone (mobile or cell phone), pager, commercial mobile radio service, or any similar device. This term includes without limitation wireless telecommunication devices, small cells, communication antenna employing stealth technology, distributed antenna systems, omnidirectional (or whip) antennas and directional (or panel) antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include residential satellite dishes, residential television antennas, or antennae for amateur radio equipment.
C. COMMUNICATIONS TOWERA freestanding structure designed and used solely to support communications antennas, regardless of the height, size, or any other dimension of such tower. Such definition shall expressly include without limitation small cells, nodes and any other freestanding communications structure employing stealth technology.
D. DISTRIBUTED ANTENNA SYSTEMSA small network of communication antennas that are connected to a common source that provides wireless communications coverage in a building or a small geographic area.
F. STEALTH TECHNOLOGYState-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. For purposes of communication antenna, these techniques are applied to communication antenna, communication equipment, communication equipment facilities, and communication towers, and other communication facilities which blend the proposed communication facility (as listed above) into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include without limitation architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flag poles.
COMMUNITY CENTERA building or portion of a building used as a gathering place or meeting area by local residents of the Township or development within which it is located.
COMPOSTING/COMPOSTThe conversion of organic matter, such as yard waste, into fertilizer and similar materials useful for gardening and lawn care, conducted within a portable open structure used and properly maintained by on-site residents.
COMPREHENSIVE PLANThe latest adopted version of the Dickinson Township Comprehensive Plan, including any freestanding supplemental documents, as may be amended.
CONDITIONAL USEA use permitted in a particular zone pursuant to the provisions in Article
VI of the Act and in accordance with §
205-162 of this chapter.
CONDOMINIUMReal estate, portions of which, in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980, are designated for separate ownership and the remainder of which is designed for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
CONSERVATION DESIGN DEVELOPMENTA development that integrates required common open space and residential dwellings. Conservation design developments are further regulated by §
205-67 of this chapter.
CONSERVATION EASEMENTAn agreement between the landowner and the Township (and possibly other designated persons or parties) that is applied to property to perpetually protect it from future development. This definition is not meant to relate to a conservation easement as defined under the Pennsylvania Conservation Easement Act.
CONSERVATION MEASUREA specific action that has been identified by one of the Pennsylvania Natural Diversity Inventory (PNDI) jurisdictional agencies that can minimize impact upon a special concern species or resource in the vicinity of the project area.
CONSERVATION PLANA plan including a map(s) and narrative that, at a minimum, outlines an erosion and sedimentation control plan for an identified parcel of land.
CONSTRUCTIONThe placement of materials and equipment in a defined area to be assembled, built, applied, and/or demolished in a temporary or permanent manner, as approved by the designated officials of the Township.
CONVENIENCE STOREA business which specializes in the retail sales and/or rental of household products and foods, which may or may not be operated in conjunction with a gas station use. Although this use is permitted by right within the BI Zone, additional activities are permitted pursuant to §
205-68 of this chapter.
CONVENTION/CONFERENCE CENTERAn assemblage of uses that provide a setting for indoor and outdoor exhibits and activities to serve various business activities, meetings, training sessions, entertainment, and recreation on a temporary basis. This use may include hotels and eating and drinking establishments as accessory uses.
CONVERSIONTo change or adapt improved property to a use, occupancy, or purpose other than what was intended at its time of construction.
COUNTYThe County of Cumberland, Commonwealth of Pennsylvania.
CURATIVE AMENDMENTA proposed zoning amendment:
A. Requested of the Board of Supervisors by any landowner or applicant who desires to challenge the substantive validity of an ordinance that prohibits or restricts the use or the development of land in which the landowner or applicant has an interest; or
B. Initiated by the Board of Supervisors to cure some known substantial defect.
DENSITYA term used to express the allowable number of dwelling units per acre of land exclusive of unimproved public rights-of-way, and rights-of-way of public and private streets.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land, a land development or a use requiring zoning approval.
DEVELOPMENTAny 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.
DOMESTIC PETSThe noncommercial keeping of adult non-farm-animals that are locally available for purchase as pets, as an accessory use to a primary residential use. Domestic pets shall not include any species identified as exotic animals and livestock, both as defined herein, nor any animal species that, in the opinion of the Zoning Officer, poses a threat to the health, safety and/or welfare of the community.
DRIVE-THROUGH FACILITYAny portion of a building or structure from which business may be transacted with a customer in a motor vehicle.
DRIVEWAYImproved cartway designed and constructed solely to accommodate vehicular movement between a public and/or private road and a tract of land serving one single-family dwelling unit or a farm.
DROP LOT or DROP AND HOOK LOTA tract of land, or portion thereof, used by trucks and other large motor freight vehicles for the purpose of dropping or picking up loaded and/or unloaded trailers, including the incidental short-term or daily storage of loaded and/or unloaded trailers, for transfer to other points or jurisdictions. The use may include an accessory guardhouse or similar type structure to allow for trailers to be checked in and out. The use does not include the breakdown or aggregation into smaller or larger loads, truck repair and service facilities, fueling, dispensing or storage of petroleum products.
DRY CLEANERSA use at which articles of clothing, uniforms, linens, sheets, blankets, table cloths, draperies, towels, diapers and other fabric items are delivered to be cleaned with the use of chemical agents that are generally not water soluble.
DWELLINGAny building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals and nursing homes; hotels and motels, boarding, rooming and lodging houses, institutional houses, tourists courts, and the like, which offer overnight accommodations for guests or patients. All dwellings are permanently affixed to a completely enclosed foundation constructed of currently accepted materials that are an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation is constructed to provide sufficient structural integrity to prevent the building from heaving, shifting, or settling unevenly, due to frost action. In addition, all dwellings are properly connected to approved and permanently designed sewer, water, electrical, and other utility systems.
A. SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family. Mobile and modular homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile and/or modular home is securely anchored to the permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Mobile and modular homes shall be considered single-family detached dwellings so long as they are designed and constructed in accordance with the Uniform Construction Code (Figure 1).
B. DUPLEXA freestanding building containing two dwelling units for two families, arranged in a side-by-side configuration (Figure 2).
C. TWO-FAMILYA freestanding building containing two dwelling units, arranged in an over-and-under configuration (Figure 3).
D. MULTIPLE-FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units (Figure 4).
E. TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common walls (Figure 5).
DWELLING UNITA building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities.
DYNAMIC MESSAGE DISPLAYA sign incorporating LCD, LED, plasma, CRT, pixelized lights, other video-like displays or other means of changing messages.
EARTHMOVING ACTIVITYAny 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. For the purposes of this chapter, this definition shall not include the tilling of the soils and cultivation associated with the growing of crops.
EASEMENTAn interest in land owned by another person, consisting in the right to use or control the use of land, or areas above or below it, for a specific limited purpose. The grant of an easement reserves to the owner of the land all other incidents of ownership.
ELEVATIONThe level of the ground adjacent to a structure, storage area, sign or other improvement.
EMISSIONS RELEASE POINTThat location where an exhaust chimney of an outdoor furnace permits the unrestricted flow of exhaust into the environment.
ENGINEERA professional engineer registered as such in the Commonwealth of Pennsylvania.
ENTERTAINMENT FACILITIESA use conducted indoors that offers personal amusement and/or enjoyment through mental engagement. This does not include adult entertainment uses, amusement arcades, amusement/theme/zoo parks, automobile and/or animal racing with or without related wagering facilities, off-track betting, slot machine parlors and/or casinos.
EXOTIC ANIMALSAll bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. The definition is applicable whether or not the animals were bred or reared in captivity or imported from another state or nation.
FACADEThe face(s) of a principal structure that directly adjoins and whose longest axis runs generally perpendicular to the adjoining yard.
A. FRONT FACADEThat facade that faces the front yard as defined herein. Front facades must also feature the prominent pedestrian entrance of a building. In the case of lots with multiple front yards, the location of the prominent pedestrian entrance of the building shall be determined according to the descending order of requirement:
(1) That facade that faces an adjoining street sidewalk;
(2) That facade that faces the adjoining street of address; and
(3) That facade selected at the discretion of the applicant with approval by the Township.
B. REAR FACADEThat facade that faces the rear yard as defined herein.
C. SIDE FACADEThat facade(s) that faces the side yard(s), as defined herein.
FAMILYAny one of the following:
A. A single individual occupying a dwelling unit.
B. Two or more persons related by blood, marriage, or adoption occupying a dwelling unit.
C. Not more than three unrelated persons occupying a dwelling unit.
D. Not more than eight related or unrelated persons who are the functional equivalent of a family in that they live together, participate in such activities as meal planning, shopping, meal preparation, and the cleaning of their dwelling unit together and who are part of a community-based residential home that qualifies as a community living arrangement licensed by the Pennsylvania Department of Public Welfare or other appropriate federal or state agency having jurisdiction, where the persons occupying the home are handicapped persons under the terms of the Fair Housing Amendments Act of 1988, and where the operator of the home provides room and board, personal care, rehabilitative services, and supervision in a family environment. The presence of staff persons in a home meeting this definition shall not disqualify the group of persons occupying the dwelling unit as a family.
FARMERS AND/OR FLEA MARKETA retail sales use where more than one vendor displays and sells general merchandise that is new or used on a regularly occurring basis. Farmers and/or flea markets can include indoor and outdoor display of merchandise.
FCCThe Federal Communications Commission of the United States of America.
FINANCIAL INSTITUTIONBank, credit union, savings-and-loan association, savings bank, investment company, or philanthropic foundation. For the purpose of this chapter, this term shall exclude pawn shops and non-bank operations that provide check-cashing services and advances on paychecks.
FIXTUREA complete lighting unit consisting of one or more lamps (light sources) together with the parts designed to control the light distribution, and other mechanical and electrical components.
FLOODA general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses, or from the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAINAn area of land adjacent to the channel of a watercourse below the flood elevation 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 as regulated by Article
III, Chapter
92 of the Code of Dickinson Township.
FLOODPROOFAny combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to property, structures and their contents.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FRONTAGEThe line of a lot coincident with an abutting right-of-way line of a street.
FUNERAL HOMEA building or part thereof used for human and/or domestic pet funeral services. Such building may contain space and facilities for:
A. A funeral chapel or similar gathering place;
B. Embalming and the performance of other services used in preparation of the dead for burial;
C. Cremation of human remains;
D. The performance of autopsies and other surgical procedures;
E. The storage of caskets, urns, and other related supplies; and
F. The storage of funeral vehicles.
GAMING FACILITYAny facility or location at which any lawful gambling activity other than or in addition to pari-mutuel wagering may be conducted under Pennsylvania law, including any facility in which gambling devices, including but not limited to slot machines, video poker machines, punch boards, and similar devices are located. The term "lawful gambling activity" shall not include the sale of lottery tickets in compliance with state lottery law. The incidental use of less than eight 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) is not considered to be a gaming facility and can be offered at suitable uses and locations (e.g., restaurants, taverns, nightclubs, commercial recreation establishments, and similar uses).
GARAGE, PRIVATEAn accessory building for the storage of one or more personal motor vehicles and/or other vehicles all of which must be accessory and incidental to the primary use of the residential premises, except as noted in §
205-34E of this chapter.
GARAGE, YARD AND MOVING SALEAn occasional and temporary use of a residential lot, wherein the occupants of the said lot display and offer personal possessions for sale to the general public.
GARDENINGThe growing of plants for personal use as an accessory use upon a residential site, or the growing of plants for personal use upon assigned plots located away from the residential site.
GAS STATIONAny area of land, including structures thereon, that is used for the retail sale of gasoline, fuel, diesel or similar products used to fuel any passenger or commercial motor vehicle, which may or may not be operated in conjunction with a convenience store use.
GEOTHERMAL SYSTEMAny device installed as an accessory use that supplies energy principally for the principal use of the property that is derived from the exchange of underground temperature.
GLAREThe sensation produced by lighting that causes annoyance, discomfort, or loss in visual performance and visibility to the eye.
GOLF COURSEProperty developed for and devoted for the recreational participation in the sport commonly known as "golf," having a minimum of 675 yards of play in nine holes.
GOLF COURSE, MINIATUREA commercial recreational use based upon golf that requires only a putter and is typically, but not necessarily, lit for night play.
GOVERNING BODYThe Board of Supervisors of Dickinson Township, Cumberland County, Pennsylvania.
GOVERNMENTAL USEA use that is operated by a duly recognized level of government (local, state and federal); provided, however, that such use shall not include solid waste and/or hazardous waste disposal and/or handling facilities, prisons, and/or hospitals.
GRADEA measurement of slope expressed in terms of percentage of vertical versus horizontal distance.
GREEN ROOFTOPAn assemblage of man-made and natural materials that support vegetation as the principal exposed surface atop a building and are designed and maintained to offer thermal protection and hydrological benefit over conventional roofing surfaces.
GREENHOUSE, COMMERCIALA retail business devoted to the raising and/or selling of trees, ornamental shrubs, flowers, and houseplants for transplanting, along with the sale of ancillary supplies wherein the preponderance of the growing operation is indoors.
GREENHOUSE, NONCOMMERCIALA structure designed or used for the indoor growing of plants, typically found as an accessory structure to a residence. No sales may be conducted from the structure, nor may the plants grown in the greenhouse be sold from the residence as a business operation.
GROUP HOMEA single-family dwelling operated by a reasonably 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 disability. 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 by 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 considered as single-family dwellings and subject to the same requirements as single-family dwellings, plus the requirements found in §
205-74 of this chapter.
HEALTH, FITNESS, FRATERNAL, SOCIAL AND OTHER PRIVATE CLUBSA principal use that offers service, support, entertainment, recreation, leisure and other activities only to club members and their guests. Such use does not include adult entertainment uses, casinos, golf courses, off-track betting parlors or outdoor shooting ranges, all as defined herein.
HEAVY EQUIPMENTVehicles and machinery that are not normally associated with domestic use (e.g., excavation equipment, commercial trucks in excess of 11,000 pounds gross vehicle weight, cargo and storage containers, cargo trailers, buses, yachts, farm equipment, mechanized amusement rides, industrial machinery, and other similar items).
HEAVY INDUSTRIAL USEA principal use that involves:
A. The production and processing of asphalt and asphalt products, bricks, cement and cement blocks, tar and other synthetic paving and masonry-like materials;
B. The production and processing of chemicals, dyes, solvents, fertilizers, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black, bone black, creosote, hydrogen, oxygen, pharmaceutical and industrial alcohol, nitrates, potash, plastic and synthetic resins, pyroxylin, rayon, and hydrochloric, nitric, picric and sulfuric acids;
C. The production, processing and/or refining of matches, fuels and explosives, including but not limited to, gasoline, kerosene, ethanol, coal, coke, naphtha, natural gas, oil (natural and synthetic), lubricating oil, charcoal and other fuel briquettes, and other similar materials;
D. The aboveground bulk storage of oil, gasoline or other similar flammable liquids;
E. The production, processing and/or distillation of gelatin, glue, soap, starch and other plant and animal by-products not associated with food processing;
F. The production and processing of linoleum, oil cloth, paint, varnish, turpentine, vinyl, rubber (natural and synthetic) and other similar materials;
G. The production and processing of glass and glass products;
H. A metal foundry, reduction, refinishing, smelting, alloying and/or refining operation;
I. The milling or processing of flour or grain;
J. Principal waste handling, processing, transfer and disposal facilities;
K. Truck or motor freight terminals and truck stops;
L. The production and/or assembly of passenger vehicles and heavy equipment and mobile homes; and
M. Any operation of assembly, conversion, distribution, manufacture, production, processing, storage, warehousing and/or wholesaling of goods, materials and products not listed in §§
205-17 and
205-18 of this chapter.
HEIGHT, STRUCTUREA structure's vertical measurement from the mean level of the ground abutting the corners of the structure to the highest point of the structure, including except as noted in §
205-28, any signs, antennas or other appurtenances.
HELIPORTAny area of land or water which is used, or intended to be used, for the landing and takeoff of helicopter aircraft and any appurtenant areas which are used, or intended to be used, for heliport buildings or navigation facilities or rights of way, together with all heliport buildings and facilities thereon.
HIGHWALLThe face of exposed overburden and mineral in an open cut of a surface mining operation or for entry to underground mining activities.
HISTORIC STRUCTUREAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic zone or a zone preliminarily determined by the Secretary to qualify as a registered historic zone;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.
HISTORIC STRUCTURE CONVERSIONThe change or adaptation of a historic structure for use and occupancy for a use other than that generally permitted within the site's zone. Historic structure conversions are governed by §
205-88 of this chapter.
HOME IMPROVEMENT, EQUIPMENT RENTAL AND BUILDING SUPPLY STORESA facility for the retail sale and/or rental of a combination of products used in the construction, repair and improvement of homes, including, but not limited to, lumber, masonry products, exterior siding, roofing, plumbing fixtures, pipes, electrical supplies, floor coverings, paints and wall coverings, windows and glass, landscaping materials, hardware, tools, and other accessories. Home improvement stores shall always involve outdoor storage of materials; any facilities that sell the above-described products that do not have outdoor storage can be considered to offer the general retail sale of goods.
HOME OCCUPATIONAn occupation customarily conducted within a dwelling unit that is clearly incidental and secondary to the residential use of the dwelling. The following uses are expressly prohibited as home occupations, without limitation, animal hospitals; commercial stables and kennels; commercial day care facilities, funeral homes; tourist homes; restaurants; wholesale sales; storage or mail order activities in which goods are distributed from the dwelling or property; the repair, servicing, storage, or rental of motor vehicles; offices of medical practitioners; clinics; hospitals; and machine and welding shops.
HORTICULTUREThe cultivation of fruits, vegetables, flowers, and ornamental plants for commercial distribution.
HOSPITAL AND RELATED USESAn institution, licensed in the Commonwealth of Pennsylvania, which renders inpatient and outpatient medical care on a 24 hours per day 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.
HOTEL, MOTEL OR SIMILAR LODGING FACILITIESA building or group of buildings containing rooms for rental on a transient basis of not more than 30 continuous days nor more than 60 days within any calendar year. This term excludes "boardinghouse," "bed-and-breakfast" and "campground" all as defined herein. Accommodations provided as an accessory by institutional and educational uses for their patrons shall not be considered a "hotel"; similarly, buildings where human beings are housed under legal constraint are excluded from this term. Hotels are a building or group of buildings containing rooms for rental on a transient basis whose primary access is limited through a lobby. Motels are a building or group of buildings containing rooms for rental on a transient basis whose primary exterior access occurs at each respective unit. Hotels and motels may also include related accessory uses primarily directed towards serving its patrons including but not limited to dining, recreation, meetings, gifts, laundry, maid service and other personal services. Mail service shall be limited to counter service within the facility's lobby and no individual unit mailboxes, individual unit mail slots or exterior gang mailboxes shall be permitted. All hotels, motels and similar lodging facilities shall require a full-time on-site staff that operates 24 hours per day and seven days per week and shall not require guests to sign a lease agreement.
HOUSEHOLD HAZARDOUS WASTESThose wastes in households that are hazardous in nature, but are not regulated as hazardous waste, under federal and state laws. Included are such items as old paints and paint related products, pesticides, pool chemicals, drain cleaners, and degreasers, car care products and etc.
HUB HEIGHTThe distance measured from the surface of the tower foundation to the highest height of the wind turbine hub, to which the blade is attached.
IMPERMEABLE LINERSA liner system that prohibits the infiltration or surface water into the subsurface.
IMPERVIOUS SURFACE (IMPERVIOUS AREA)A surface not readily penetrated by water under normal pressure associated with rainfall or other typical conditions associated with the proposed use. Impervious surfaces (or areas) shall include, but not be limited to, buildings, roofs (except for green roofs, as defined herein), patios, garages, storage shed and similar structures, access drives, interior drives, driveways, sidewalks, off-street parking spaces, off-street loading spaces and paved recreation courts. Any areas designed to be covered by loose surfacing materials such as gravel, stone and/or crushed stone, and intended for storage of and/or travel by motorized or nonmotorized vehicles, or travel by pedestrians shall be considered impervious.
IMPORTANT NATURAL AND/OR CULTURAL FEATUREAny area characterized by any of the following:
A. Floodplains as regulated by §
205-135 of this chapter;
B. Steep slopes regulated by §
178-51 of the SALDO;
C. Wetlands and wetland buffers as regulated by §
205-137 of this chapter and §
178-48 of the SALDO;
D. Riparian buffer as regulated by §
205-136 of this chapter and §
178-49 of the SALDO;
E. Sensitive carbonate geologic features as listed in §
178-55 of the SALDO;
F. Pennsylvania Natural Diversity Inventory (PNDI) sites as regulated in §
178-56 of the SALDO;
G. Areas within the Scenic River;
I. Known and/or suspected areas of archaeological significance as identified by the Pennsylvania Historical and Museum Commission;
J. Historic sites as defined herein;
K. Stands of mature trees that exceed 5,000 square feet of contiguous land area; and
L. Class I, II, or III agricultural soils as identified in the latest version of the soil survey and/or area that is otherwise agriculturally productive.
IMPROVEMENTAny structure or paving placed upon land, including the provision of underground or aboveground utilities, as well as any physical change to the surface of the land, including but not necessarily limited to grading, paving, the placement of stormwater management facilities, sidewalks, street signs, traffic control devices, and monuments. This definition shall expressly exclude the tilling of soil.
INTERIOR DRIVEAny on-site vehicular movement lane(s) that are associated with a use other than a single-family dwelling and/or farm.
INVASIVE PLANT SPECIES OF PENNSYLVANIAThose plants and vegetation identified by the PA DCNR as invasive plant species, with such list being published at (as amended and updated) http://www.dcnr.pa.gov/Conservation/WildPlants/InvasivePlants/Pages/default.aspx
JOINT PARKING LOTA parking lot that is designed, constructed and operated on a shared basis by two or more adjoining uses with one or more shared access drives.
JUNKUsed materials, discarded materials, or both, including, but not limited to, waste paper, rags, metal, building materials, house furnishings and appliances, machinery, vehicles or parts thereof, all of which are being stored awaiting potential reuse or ultimate disposal.
JUNKYARDAn 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, waste paper, rags, metal, building materials, house furnishings, appliances, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The term "salvage yard" includes "junkyard," but does not include scrap metal processing operations and automobile shredding establishments. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a salvage yard. For the purposes of this definition, a "disabled vehicle" is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which has expired.
KENNELAny lot on which three or more non-farm-animals are kept, boarded, raised, bred, treated, or trained for commercial purposes or a fee, including but not limited to dog or cat kennels. This definition shall also expressly include animal rescue and similar emergency treatment facilities whether or not they are operated on a commercial basis.
LABORATORYA use devoted to the conduct of experiments, research and observation associated with scientific study.
LAMPA generic term for a man-made source of light.
LAND DEVELOPMENTAny 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; or
(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.
C. In accordance with Section 503(1.1) of the Act, the following activities are excluded from the definition of land development:
(1) The conversion of an existing single-family detached dwelling, two-family dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; provided, however, that the addition of a nonresidential or nonfarm accessory building or buildings does not:
(a) Exceed a total square footage of 2,000 square feet or 10% of the principal nonresidential or nonfarm building's square footage (as existed as of any addition of an accessory building or buildings made following the effective date of this chapter).
(b) Create negative stormwater impacts on existing stormwater facilities or on neighboring properties.
(c) Require the construction of additional access drive(s).
(d) Relieve the need for DEP Sewer Planning Module or exemption.
(3) The addition or conversion of buildings, structures or rides within an amusement, theme and/or zoo park.
LANDOWNERThe 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 who has a proprietary interest in land.
LANDSCAPE SCREENA planting of noninvasive species arranged to form both a low-level and a high-level barrier between grade and a predetermined height established by the applicable regulation. This definition can also include the use of an earthen berm provided such berm is covered with noninvasive vegetative materials that stabilize its slopes and form both a low-level and a high-level screen between grade and a predetermined height established by the applicable regulation.
LANDSCAPE STRIPAn area of designated width at the periphery of a property planted with required noninvasive vegetative species that generally visually and functionally separate adjoining properties and uses.
LAUNDROMATA self-service business in which patrons clean, dry clean and/or dry articles of clothing, uniforms, linens, sheets, blankets, table cloths, draperies, towels, diapers and other fabric items.
LAUNDRYA use at which articles of clothing, uniforms, linens, sheets, blankets, table cloths, draperies, towels, diapers and other fabric items are delivered to be cleaned with the use of agents that are generally water soluble.
LOADING SPACEAn off-street space or area having direct usable access to a street or alley suitable for the loading or unloading of goods for shipment.
LOTA 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.
A. LOT, CORNERA property having street frontage along two or more contiguous sides or along a single curved street with an interior angle of less than 135° as measured along the interior edge of the street right-of-way, or in the event of no right-of-way, along the interior edge of the cartway.
C. LOT, THROUGH/REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets with vehicular access solely from the street of lesser functional classification.
LOT COVERAGEA percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks). To the extent a building or structure incorporates a green rooftop (as defined herein) such area shall not be considered to be impervious.
LOT DEPTHThe horizontal distance measured between the street right-of-way line and the closest rear property line measured perpendicular along straight streets rights-of-way and measured radially along curved street rights-of-way. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.
LOT LINEA recorded boundary line of a lot; however, any edge of an adjoining street or other public or quasi-public right-of-way shall be interpreted as the lot line for the purposes of determining the location of the setbacks required by this chapter.
B. LOT LINE, REARLot lines that are formed at the outermost edge of any rear yard as defined herein.
C. LOT LINE, SIDELot lines that are formed at the outermost edge of any side yard as defined herein.
LOT WIDTHThe horizontal distance measured between side property lines along the minimum front yard setback line and at the street right-of-way line. On corner lots, lot width shall be measured between the right- of-way line for the nonaddress street and the directly opposite property line along the minimum front yard setback line and at the street right-of-way line along the street of address.
MAN-MADE LAKES, DAMS AND IMPOUNDMENTSA body of surface water that has been constructed with a bottom and sides generally comprised of natural materials with the possible exception of an artificial dam or spillway or bottom liner.
MANUFACTURINGProduction of goods from raw materials, by the assembly of constituent parts produced elsewhere, or by a combination of these means, including the final packaging of such goods for sale or shipment. Includes all activities included in the NAICS (q.v.) list of manufacturing activities except those excluded by the definition of heavy industry as contained herein.
MANUREThe fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.
MANURE STORAGE FACILITYA detached structure or other improvement built to store manure for future use or awaiting disposal.
MASS TRANSIT STOPSAn area of land with or without structures where passengers are routinely collected by and dispatched from buses, trains, subways, taxicabs or other passenger vehicles (other than aircraft) owned and operated by a provider of public transportation.
MATURE TREEA deciduous tree with a diameter at breast height (DBH) greater than or equal to 10 inches or a coniferous tree at least 10 feet tall.
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MEDICAL MARIJUANAMarijuana for certified medical use as set forth under the Medical Marijuana Act, Pennsylvania Act 16, adopted April 17, 2016, as may be amended. The following definitions shall apply to medical marijuana uses:
A. MEDICAL MARIJUANA ACTThe Pennsylvania Medical Marijuana Act, known as Pennsylvania Act 16, adopted April 17, 2016.
B. MEDICAL MARIJUANA DISPENSARYA person which holds a permit issued by the Pennsylvania Department of Health under the Medical Marijuana Act, to dispense medical marijuana. The terms do not include a health care medical marijuana organization under the Medical Marijuana Act which has been separately approved by the Pennsylvania Department of Health to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Medical Marijuana Act.
C. MEDICAL MARIJUANA GROWER/PROCESSORA person which holds a permit issued by the Pennsylvania Department of Health under the Medical Marijuana Act, to grow and process medical marijuana. A grower/processor under this definition shall be considered a manufacturing use, and not an agricultural use or business. The terms does not include a health care medical marijuana organization under the Medical Marijuana Act which has been separately approved by the Pennsylvania Department of Health to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Medical Marijuana Act.
MEDICAL OFFICESA building or group of buildings occupied by medical and/or other licensed practitioners and related services for the purpose of providing health, dental, vision, emergency medical, wellness, dietary, social, behavioral, therapeutic, occupational and psychological services to outpatients. This definition does not include methadone treatment facilities, as defined herein.
MEDICAL RESIDENTIAL CAMPUSA use that provides a harmonious and balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents, and public, quasi-public and medical services for the off-campus retirement-aged community.
MESSAGE DISPLAY CYCLEThat unit of time in which one complete message is displayed upon a sign incorporating a dynamic message display.
METHADONE TREATMENT FACILITYAny use licensed by the Pennsylvania Department of Health that administers the drug methadone in the treatment, maintenance or detoxification of persons.
MINIMUM LOT AREAThe least amount of lot area required to be to be associated with a principal use as required by this chapter.
MINING, QUARRYING AND RELATED PROCESSING OPERATIONSThe extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial or construction use; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. Mining shall expressly exclude the following:
A. The extraction of minerals by a landowner for the landowner's noncommercial use from land owned or leased by the landowner.
B. The extraction of sand, gravel, rock, stone, earth or fill from borrow pits for highway construction purposes of the Department of Transportation or the extraction of minerals under construction contracts with the Department if the work is performed under a bond, contract and specifications that substantially provide for and require reclamation of the area affected in the manner provided by the act;
C. The handling, processing or storage of slag on the premises of a manufacturer as a part of the manufacturing process;
D. Dredging operations that are carried out in the rivers and streams of this commonwealth;
E. The sale and accompanying removal of non-coal materials from retail outlets;
F. The extraction of minerals or other deposits carried out beneath the surface by means of shafts, tunnels and similar openings; and
G. The extraction, handling, processing or storing of minerals from a building construction excavation on the site of the construction if the minerals removed are incidental to the building construction excavation, regardless of the commercial value of the minerals. For purposes of this definition, the minerals removed are incidental if the excavator demonstrates that:
(1) Extraction, handling, processing, or storing are conducted concurrently with construction;
(2) The area mined is limited to the area necessary to construction; and
(3) The construction is reasonably related to the use proposed for the site.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOTELSee "hotel, motel and similar lodging facilities."
MUNICIPAL USESThose uses and facilities designed to furnish necessary support for the general public health, safety and welfare that are typically the responsibility of local governments and other locally operated service agencies. Such uses shall include, but are not limited to:
A. Municipal offices, meeting halls, garages, and storage yards;
B. Public utility services and uses, including the structures and buildings where such uses are operated, to specifically include without limitation water plants and systems for providing potable water, sewer treatment plants and systems for the collection and conveyance of sewage, any similar public utility owned and operated by a municipal body, whether or not it is provided to the municipality's residents for a fee;
C. Emergency services comprised of voluntary and/or paid personnel whose principal function is the dispatch of trained responders to the general public, under local emergency conditions. Such uses may include facilities for the housing of personnel while on duty, vehicle and equipment storage areas, training facilities and accessory meeting, cafeteria, banquet, stage, recreation, shooting range and/or other fund-raising amenities, all of which must be conducted within a totally enclosed building. Accessory parks, athletic facilities and fairgrounds are also permitted. Suitable examples include, but are not limited to, police departments, sheriff stations, fire companies, forest fire agencies, ambulance companies, emergency medical services, advanced life support, search and rescue, national guard and civil defense. This definition does not include prisons or outdoor shooting ranges;
D. Indoor community service uses and activities, including meeting rooms, classrooms, theaters, auditoriums, banquet and social halls, scout cabins, libraries, museums and galleries of materials that are not for sale, clubhouses, accessory cafeterias and kitchens, and other similar uses;
E. Outdoor community service facilities and activities, including fair grounds, community bulletin boards and other similar uses; and
F. Uses accessory to the above-permitted uses, including parking and loading spaces, signs, offices, restrooms, maintenance equipment storage areas and buildings, lights, waste receptacles and dumpsters, bleachers, and other similar uses.
MUNICIPALITYThe Township of Dickinson, Cumberland County, Pennsylvania.
NET ACREAn area of land with 43,560 square feet, exclusive of public rights-of-way, and public and private streets. In the case where a proposed development with more than one principal use is to rely upon one or more private access drives rather than streets, the area devoted to the access drives that serve more than one principal use and any adjoining curbs and sidewalks shall also be deducted from the calculation of acreage.
NEW CONSTRUCTIONStructures, including substantial improvements thereto, for which the start of construction commenced on or after the effective date of this chapter.
NO-IMPACT HOME-BASED BUSINESSA 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 all of 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 or inventorying 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.
NONCOMMERCIAL KEEPING OF LIVESTOCKAn accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.
NONCONFORMING LOTA 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 zone in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance, or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
NONCONFORMITY, DIMENSIONALAny 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, or when such nonconformity is the result of the acquisition of land and/or rights-of-way by a governmental agency.
NOXIOUS SPECIESPlants identified by the Pennsylvania Department of Agriculture on its noxious weed control list, with such list being published at (as amended and updated): http://www.agriculture.pa.gov/Plants Land Water/Plant/Plandustry/NIPPP/Pages/default.aspx
OFF-STREET LOADINGAn off-street area provided for the loading or unloading of goods and/or materials that has direct usable access to a use's loading docks and/or doors and is connected to a street or alley by an access drive subject to the requirements listed in §
205-33 of this chapter. This definition shall also expressly include any area that directly adjoins the loading docks and/or doors that is necessary for the vehicles to maneuver into place with the use's loading docks and/or doors. This definition shall not include the access drives on the site that do not directly adjoin the loading docks and/or doors unless they require vehicles to move in a reverse direction to negotiate access to and from the loading docks and/or doors.
OFF-STREET PARKINGAn accessory use in which required and, potentially, additional parking spaces are provided subject to the requirements listed in §
205-34 of this chapter.
OFF-TRACK BETTING FACILITYA facility other than a racetrack wherein pari-mutuel wagering, but no other lawful gambling activity, is conducted.
OFFICEA building or a space in a building the primary use of which is the conduct of the affairs of a business, profession, service, or government, including administration, record keeping, 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, except that office supplies necessary for the operation may be stored as an incidental use. An office shall only involve the incidental sales or delivery of any materials, goods, or products physically located on the premises.
ON-LOT SEWAGE DISPOSAL SYSTEMS (ON-LOT SEWER SERVICE)A system of conveyance, treatment, and discharge that provides for the safe and healthful disposal of sewage generated by one principal use within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection. This definition shall not prohibit the use of sewage plume easements that may extend beyond the property upon which the sewage is generated.
ON-LOT WATER SERVICEThe provision of water to a single user from a private source located on the user's lot.
OPEN SPACEAny area of land or water, or a combination of land and water, within a development site that is free of improvement and impervious surfaces. Open spaces shall not include, among other things, areas devoted to buildings, structures, driveways, access drives, parking lots, street rights-of-way, and/or stormwater detention basins, but can include required setbacks and private yards.
ORNAMENTAL PONDS AND WADING POOLSAn accessory use that:
A. Contains no more than 337.5 cubic feet of water (2,530 gallons);
B. Has a length or diameter not exceeding 15 feet; and
C. Has a maximum depth less than 1 1/2 feet.
ORPHANGEA building or group of buildings designed for and intended to provide housing facilities for minors, who are in need of direct care in lieu of that available from their parents. The facility may include accessory medical facilities intended to serve the residents of the orphanage but not the general public.
OUTDOOR FURNACEA freestanding or attached accessory structure or appliance designed to be located outside of a principal use which is designed to provide heat and/or hot water to said principal use through the consumption of clean wood, coal, natural gas, kerosene, propane, domestic heating oil provided that such fuels comply with all applicable sulfur limits. For the purposes of this definition, "clean wood fuel" shall include all wood intended to be used as fuel, including but not limited to trees, cordwood, logs, lumber, sawdust, and wood from manufacturing processes (butt offs, shavings, turnings, sander dust) wood pellets, slabs, bark, chips, and waste pallets. Clean wood fuel does not include materials chemically treated with any preservative, paint, or oil.
A. PHASE 2 OUTDOOR FURNACEAn outdoor furnace that has been certified by the United States Environmental Protection Agency as meeting a particulate matter emission limit of 0.32 pounds per million British thermal units (BTUs) of output.
OUTDOOR SHOOTING RANGESA. PRIVATE OUTDOOR SHOOTING RANGEAny discharge of firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery cross-bows, etc.) on an individual's private property by the owner or occupier of such property and his/her invited guests (for no fee) for the practice of marksmanship, target shooting, recreation, competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
B. PUBLIC OUTDOOR SHOOTING RANGEA facility, open to the public or open to a select class of individuals for a fee or membership (specifically including shooting clubs), designed and constructed that is not completely enclosed within a building that allows for the safe discharge of firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery cross-bows, etc.) by persons for the practice of marksmanship, target shooting, recreation, competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
OUTPARCELA separate lot within a planned center that relies upon the planned center's circulation system for vehicular access.
OVERBURDENThe strata or material overlying a noncoal mineral deposit or in between noncoal mineral deposits in its natural state and material before or after its removal by surface mining.
PACommonwealth of Pennsylvania.
PA DCNRPennsylvania Department of Conservation and Natural Resources.
PA DEPPennsylvania Department of Environmental Protection.
PA DOTPennsylvania Department of Transportation.
PACKAGINGThe enclosure of products into sealers, containers, wrappers, boxes or other suitable protective coverings for shipping, distribution and/or sales.
PARENT TRACTWhen used in determining the permissible number of lots which may be subdivided or dwellings or other principal nonresidential uses which may be erected within the Conservation Zone (C) or Agricultural Zone (A), all contiguous land held in single and separate ownership is considered the parent tract, regardless of whether such land is divided into one or more lots, parcels, purparts or tracts; regardless of whether such land was acquired by the landowner at different times or by different deeds, devise, partition or otherwise; regardless of whether or such land is bisected by public or private streets or rights-of-way, which was held by the landowner or his or her predecessor in title on the effective date of this chapter.
PARK AND RIDE LOTSA use provided by the Township, Cumberland County and/or the Commonwealth of Pennsylvania that is devoted to the daily storage of passenger vehicles who engage in some form of mass transit and/or carpooling.
PARKING LOTAn accessory use in which required and additional parking spaces are provided subject to the requirements listed in §
205-34 of this chapter.
PARKING SPACEAn off-street space available for the parking of one motor vehicle and having usable access to a street or alley.
PARKS AND PLAYGROUNDSThose facilities designed and used for recreation purposes by the general public that are not operated on a commercial basis. This definition is meant to include the widest range of recreational activities, excluding adult entertainment uses, amusement arcades, amusement or theme parks, gaming facilities, golf courses, off-track betting facilities, racetracks, and shooting ranges. Such uses may include:
A. Outdoor park and recreation facilities, including athletic fields, courts, playgrounds, open play areas, stadiums, skating rinks, skateboard, stunt-bicycle or BMX-bicycle courses, and other similar uses;
B. Outdoor passive recreation facilities, including picnic pavilions, hiking, biking and fitness trails, park benches, fountains, statues and other memorials, barbecue grills, ponds, natural and cultural exhibits, amphitheaters, navigable and intermittent waters, publicly operated scenic sites and other similar uses;
C. Outdoor community service facilities and activities, including fairgrounds, community bulletin boards, and other similar uses;
D. Outdoor swimming pools, including related amenities like bathhouse, wading pools, spas, snack bars, and other similar uses; and
E. Uses accessory to the above-permitted uses, including parking and loading spaces, signs, offices, restrooms, maintenance equipment storage areas and buildings, lights, waste receptacles and dumpsters, bleachers and other similar uses.
PASSENGER MOTOR VEHICLEA passenger vehicle that is less than 11,001 pounds gross vehicle weight (weight of vehicle with rated passenger and/or load capacity) that is used and licensed as the principal mode of conveyance by the occupants of a residential premises upon the public road system. This definition shall expressly exclude race vehicles, stake-body trucks, dump trucks, panel trucks, tractor-trailers, commercial trucks and heavy equipment.
PASSENGER MOTOR VEHICLE SALESAny building or land devoted to the retail sales leasing and/or rental of passenger motor vehicles, including accessory service and repair facilities if conducted within a completely enclosed building.
PASSENGER MOTOR VEHICLE SERVICEThe retail repair, servicing, maintenance and reconstruction of passenger motor vehicles, provided that the washing of passenger vehicles as a principal use is excluded from this definition (see "car wash").
PAVEDA condition of surface in which man-made materials are applied resulting in a durable, smooth, stable and dust-free surface over which vehicles and pedestrians may pass. This definition shall expressly include asphalt, bituminous, concrete, masonry, permeable, geo-grids and other similar materials provided they are applied with sufficient depth and base to achieve the required durable, smooth, stable and dust-free surface.
PERSONAn individual, partnership, corporation, limited liability corporation, limited liability partnership, firm, company, association, governmental entity, trustee, receiver, assignee, or similar representative.
PERSONAL CARGO TRAILERA licensed vehicle that is meant to be attached to a passenger motor vehicle for the purposes of transporting personal property upon the public road system.
PERSONAL SERVICEA principal use (excluding adult entertainment uses) including barbershops, beauty and tanning salons, dry cleaning and laundry pickup and dropoff facilities, tailor shops, shoe repair shops, the repair of clocks and small appliances and similar activities.
PERVIOUS SURFACEA surface readily penetrated by water under normal pressure associated with rainfall or other typical conditions associated with the proposed use. These typically include but are not limited to yards, gardens, landscape features, fields, woodlands and other similar unimproved open spaces. These can also include special paving treatments that allow the ready penetration of surface water into the ground under normal pressure.
PESTICIDEAny substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.
PETROLEUM PRODUCTOil or petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.
PHMCPennsylvania Historical and Museum Commission
PLANNED CENTERA coordinated development of more than one land use all sharing common vehicle access and off-street parking.
PLANNED CENTER SIGNA freestanding sign that is associated with a coordinated development of more than one land use all sharing common vehicle access and off-street parking.
PLAY STRUCTUREAn accessory use to a residence comprised of a structure (freestanding or otherwise) with one or more components and supportive members which in whole or part is intended for use or play by children, including but not limited to tree houses, swing sets, sliding boards, jungle gyms, climbers, seesaws, rockers, nonportable sandboxes, big toys, modular play sets, etc.
PNDIThe Pennsylvania Natural Diversity Inventory.
POD STORAGE CONTAINERSPortable containers that are used for temporary storage of personal property of occupants on the site during times of transition (e.g., remodeling, moving, construction, emergency).
POWER GENERATION FACILITIESExcept as permitted under the definition of wind and solar farm, a principal use devoted to the creation, storage, conversion, distribution and transmission of electrical energy for use at another location.
PREMISESThe 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:
A. 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.
B. Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.
C. 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.
PROCESSINGPertaining to a systematic modification through mechanical, physical, chemical, and/or energy forces.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body, the Planning Commission or the Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICENotice 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 at conspicuous locations along the perimeter of the subject property deemed sufficient by the Township to notify potentially interested citizens. These 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. Once posted in accordance with the requirements of the Act, the Township, absent actual notice, shall not be responsible for loss or destruction of sign(s) due to vandalism or an act of God.
PUBLIC SEWERA municipal or privately owned sanitary sewer facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.
PUBLIC UTILITIESUse or extension thereof which is privately owned and operated and requires a certificate of convenience approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or sewage treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service. For purposes of this definition, no use regarding or related to communication antenna, communication equipment facilities, and communication towers shall be considered, or in any way constitute, a public utility.
PUBLIC UTILITIES STRUCTURESAny structure built for the purpose of providing a public utility which is not owned by a municipal or government entity, whether such structure, or the land upon which it is constructed, is owned or leased by the entity operating said public utility. The following are expressly excluded from the definition of public utilities structures: communication antenna, communication equipment facilities, and communication towers.
PUBLIC WATERA municipal or privately owned water supply system approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.
RECREATIONAL VEHICLEA vehicle which is 1) built on a single chassis; 2) not more than 400 square feet, measured at the largest horizontal projections; 3) designed to be self-propelled or permanently towable by a passenger vehicle; and 4) designed for recreation and/or human occupancy solely under transient circumstances (e.g., vacations, camping, seasonal recreation, temporary visitation, but expressly excluding residency and migrant employment).
RECYCLING COLLECTION FACILITYA use devoted solely to the collection of discarded materials that have entered a reasonably continuous process whereby their reuse is foreseeable, for processing and disposal at another location.
RECYCLING FACILITYA use that specializes in the collection and processing of discarded materials that have entered a reasonably continuous process whereby their reuse is foreseeable.
RESIDENTIAL SWIMMING POOLAn accessory use involving any structure and inflatable device used for swimming, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 24 inches. Farm ponds, stormwater basins and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
RESTAURANTAn establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carryout service so long as the area used for carryout service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Restaurants may offer incidental live entertainment.
RESTAURANT, DRIVE-THROUGH OR FAST-FOODAn 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 of the site.
RETAILPertaining to the general public availability for purchase and personal use and/or consumption.
RETAIL SALESA use devoted to the display and retail transfer of ownership and/or rental of goods and products. This term shall not include adult entertainment uses, as defined herein.
RETAINING WALLA man-made structure used to stably contain land at a location of substantial elevation change.
RIDING STABLEA principal use at which the operator offers services and facilities to board, train, and exercise horses that are owned by nonresidents of the subject property. This use also expressly includes the recreational riding of horses for a fee, riding lessons, periodic competitions and similar events related to the care, use and enjoyment of horses.
RIGHT-OF-WAYA defined portion of land acquired by reservation, dedication, forced dedication, prescription or condemnation that may or may not be secured for public use and which may, but need not, be improved with streets, utilities, stormwater management facilities, traffic control facilities, curbs, sidewalks, bicycle lanes or paths, streetlights, and similar improvements for public benefit or enjoyment.
RIGHT-OF-WAY, ULTIMATEThe width or area of land necessary to accommodate present or future public improvements.
ROADSIDE STANDAn accessory agricultural use for the sale of local agricultural or horticultural produce, livestock or merchandise.
RURAL OCCUPATIONAn accessory business or commercial activity that is conducted within an accessory structure of a principal single-family detached dwelling.
SALDOThe latest version of the Township's Subdivision and Land Development Ordinance.
SALESA use devoted to the transfer of ownership and/or rental of goods and products. This term shall not include adult entertainment uses, as defined herein.
SATELLITE DISH ANTENNAA 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.
SATELLITE DISH ANTENNA AZIMUTH ALIGNMENTSThat range of horizontal directions the installed satellite dish antenna must be aimed to send or receive signals. These directions are usually expressed as degrees from true north. The adjacent diagram illustrates a range of azimuth alignments between 170.1 and 252.3°.
SATELLITE DISH ANTENNA ELEVATION ALIGNMENTSThat range of vertical directions the installed satellite dish antenna must be aimed to send or receive signals. These directions are usually expressed as degrees above the horizon. The adjacent diagram illustrates a range of elevation alignments between 11.4 and 43.8°.
SATELLITE DISH ANTENNAS RECEPTION WINDOWThe area within a direct line between the satellite dish antenna and an orbiting satellite and or a fixed terrestrially based sending station. For the satellite dish to remain unimpaired, this reception window must be kept relatively free from obstructions.
SAWMILLA principal use devoted to the processing of natural wood products into semi-finished products for wholesale distribution.
SCHOOLA principal use in which supervised education or instruction is offered according to the following categories:
A. COMMERCIAL SCHOOLA school not operated by a public agency that can offer any of a wide range of curriculums including, but not limited to, all levels of academic, business and technical instruction and training in artistic, dance, baton twirling, athletic, martial arts, musical, gymnastics, cosmetology and other similar activities. Commercial schools are principal uses that are neither home occupations nor day-care operations. These uses shall not include vocational and/or mechanical trade schools as defined in this chapter. Nursery schools shall be considered commercial school if they are operated as a business.
B. PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary, postgraduate, or any combination thereof, education that may, or may not, be operated as a gainful business, and is not operated by the school zone or another governmental agency. Plain-sect schools shall be included as a private school.
C. PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, vocational, postsecondary, postgraduate, and adult education, or any combination thereof, and operated by the school district.
D. (1) Agriculture and/or horticulture;
(4) Building construction and general contracting;
(8) Electrical contracting; and
(9) Other similar trades, as determined by the Zoning Hearing Board pursuant to §§
205-7 and
205-161C of this chapter.
SCREENINGAn assemblage of materials that are arranged so as to block the ground level views between grade and a predetermined height established by the applicable regulation. Suitable screening materials include trees, shrubs, hedges, berms, walls, sight-tight fences, other similar type materials, or any combination thereof. No wall or fence shall be constructed of plywood, corrugated metal or fiberglass, nor sheet metal.
SEASONAL RESIDENCEA dwelling, cabin, camp, cottage, lodge or summer house which is intended for occupancy less than 182 days of the year.
SEPTAGEA semisolid waste that collects at the bottom of sewage treatment devices that is not continuously released during normal treatment flows and needs to be periodically removed and processed and disposed of elsewhere.
SETBACKThe required horizontal distance between a setback line and a property or street line.
A. SETBACK, FRONTThe distance between the street line and the front building setback line projected the full width of the lot. Commonly, called "required front yard."
B. 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."
C. 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."
SETBACK LINEA 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.
SHADOW FLICKERAlternating changes in light intensity caused by a moving wind rotor blade casting shadows on the ground and stationary objects.
SHEDA freestanding accessory building to a residence that is generally used to store personal property solely of the inhabitants on the site.
SHOPPING CENTERA development consisting of any single retail store in excess of 20,000 square feet of gross floor area or two or more establishments which are designed to function as a unit, for retail sales; personal services; restaurants, taverns and nightclubs; business, professional, or banking offices; civic uses, commercial schools, and/or similar uses together with shared stormwater management, vehicular access, off-street parking and signage.
SHORT-TERM RENTALSAny lease or rental arrangement by a property owner of the owner's property to a third party for a fee or similar compensation, the duration of which rental, including successive weeks, is less than a month. This term shall not include boardinghouses, bed-and-breakfasts, motels, hotels, or campgrounds.
A. AGRICULTURAL SHORT-TERM RENTALSAny short-term rental whereby an active farm is offering third parties the experience of staying at the farm and participating, in any way, including limited or intense, with the farming activities as a type of tourist experience.
B. RESIDENTIAL SHORT-TERM RENTALSAny short-term rental that includes an owner or occupier's entire dwelling space, whether the same is an apartment or an entire detached single-family dwelling, or anything similar. The term includes short-term web-based rentals of residential dwellings, commonly referred to as "AirBNB," "Homeaway," and similar.
SIGNA device for visual communication that is used to bring the subject to the attention of the public that is legible from an adjoining road or adjoining property standing at grade (for the purposes of this definition the term legible shall mean understandable by someone of sufficient age and eyesight to obtain a Pennsylvania driver's license.)
A. This term includes:
(1) Lettering, logos, trademarks, and other symbols that are an integral part of the architectural design of a building which are applied to a building or which are located elsewhere on the premises;
(2) Signs that are affixed to windows or glass doors or are otherwise internally mounted such that they are legible from an adjoining road or adjoining property;
(3) Flags and insignia of civic, charitable, religious, fraternal, patriotic, and similar organizations;
(4) Insignia of governments and government agencies;
(5) Banners, streamers, pennants, spinners, reflectors, tinsel, and similar objects; and
B. This term shall not include:
(1) Architectural features that may be identified with a particular business;
(2) Backlit awnings that include no lettering, logos, or other symbols;
(3) Signs within a building that are obviously intended to be seen primarily from within the building;
(4) Outdoor signs intended for use within a property, such as menu signs for fast-food restaurant drive-through lanes, provided such signs are not legible from an adjoining road or adjoining property;
(5) Signs with regulations within a park, provided such signs are not legible from an adjoining road or adjoining property;
(6) Building identification signs within a campus, provided such signs are not legible from an adjoining road or adjoining property;
(7) Flags of governments or government agencies;
(8) Decorative seasonal and holiday banners on residential properties; and
(9) Display of merchandise either behind store windows or outdoors.
C. Types.
(1) BILLBOARDAn off-premises sign which directs attention to a product, service, business, or cause.
(2) CANOPY SIGNA sign that is incorporated into an awning or canopy that is attached to the building.
(3) FLAT ROOF SIGNA sign that has its longest axis along the same direction as the roof to which it is attached and does not project beyond the outside edges of the roofline in any direction.
(4) FLAT WALL SIGNA sign that is attached to the wall of a building and whose face runs parallel to the wall to which it is attached and does not extend beyond the outside of the edges of the wall in any direction.
(5) FREESTANDING SIGNA sign that has a separate support structure and is not physically attached to a building.
(6) PROJECTING ROOF SIGNA sign whose support structure is attached to the roof of a building and whose face either runs generally perpendicular to the roofline or its underlying wall, or extends beyond the outside edges of the roof to which it is attached.
(7) PROJECTING WALL SIGNA sign whose support structure is attached to the wall of a building and whose face either runs generally perpendicular to the wall, or extends beyond the outside edges of the wall to which it is attached.
(8) WINDOW SIGNA sign that is either located on the inside or outside surface of a window but whose message faces outward.
SITEA lot or portion thereof devoted to a particular use as regulated by this chapter.
SLOT MACHINE PARLORSA facility other than a racetrack and/or an off-track betting parlor wherein wagering and other lawful gambling activity is conducted under Pennsylvania law. This use shall include any facility in which gambling devices, including but not limited to slot machines, video poker machines, punch boards, and similar devices are located. The term "lawful gambling activity" shall not include the sale of lottery tickets in compliance with state lottery law.
SMALL ENGINE REPAIR SHOPSA use devoted to the mechanical restoration of machines that power domestic tools and other household devices and appliances. This definition shall not include uses involved in the repair of personal motor vehicles, commercial trucks and heavy equipment, all as defined herein.
SOIL SURVEYThe latest published version of the United States Department of Agriculture's soil survey for Cumberland County, Pennsylvania.
SOLAR ENERGYRadiant energy (direct, diffuse and/or reflective) derived from the sun.
SOLAR ENERGY SYSTEMAn energy conversion system or device, including any structural design features and all appurtenances and parts thereof, whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating and/or for electricity.
SOLAR PANELThat part or portion of a solar energy system containing one or more receptive cells or units, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLID WASTEGarbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter
1, Part 261, dated July 1, 1984.
SPECIAL EXCEPTIONA use permitted in a particular zone pursuant to the provisions of Articles
VI and IX of the Act and approved by the Zoning Hearing Board in accordance with §
205-151C of this chapter.
STEEP SLOPESExisting natural slopes of 15% or greater (equal to 15 feet vertical distance over 100 feet horizontal distance). The alteration of slopes that were lawfully man-made (such as walls of a detention basin or quarry or excavated banks along a street) shall be regulated by a reasonable estimate of the preexisting natural slope.
STORAGE UNIT CENTERSA building, series of buildings, a portion of one or more buildings and/or exterior areas divided into separate storage spaces for personal property and/or property associated with some business or other organization. These storage spaces shall be used solely for storage and no processing, manufacturing, sales, research and development testing, service and repair, or other non-storage activities shall be permitted.
STORYThat part of a building between the surface of any floor and the next floor above it or, in its absence, the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building that is more than two feet below the top plate shall be counted as a 1/2 story. A basement shall be counted a story if it averages more than five feet above grade.
STREETA public or private right-of-way, excluding driveways and access drives, intended for use as a means of vehicular and pedestrian circulation that provides a means of access to abutting property. The word "street" includes "thoroughfare," "avenue," "boulevard," "court," "drive," "expressway," "highway," "lane," "road," and similar terms. This definition shall not include alleys as defined herein.
STREET CENTER LINEA line laterally bisecting a street right-of-way into equal widths. Where the street right-of-way cannot be determined, the cartway center line shall be deemed the street center line.
STREET LINE OR RIGHT-OF-WAY LINEThe line defining the limit of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the right-of-way line currently in existence.
STRUCTUREAny man-made object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the land, excluding stormwater management retention/detention basins and related inlet and/or outlet devices, sidewalks, driveways leading directly to a public street, and public utility lines and appurtenances. Structures shall not include such things as sandboxes, decorative fountains, swing sets, birdhouses, birdfeeders, mailboxes, and any other similar nonpermanent improvements.
A. STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
SUBDIVISIONThe 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 purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development. 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.
SWIMMING POOLAny structure and inflatable device, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 24 inches. Farm ponds, stormwater basins and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
TEMPORARY FAMILY HOUSINGA temporary dwelling unit placed on a property with another single-family detached dwelling for occupancy by either an elderly, handicapped, disabled person(s), or any child, parent or other relative, any of which is related by blood, marriage, or adoption, to the occupants of the principal dwelling or their caregiving family members.
TRAINING CENTERA principal use that involves the indoor instruction of clients/customers on any of a wide range of subjects including but not limited to occupational, cultural, business, technical, professional, trade, religious, life skills, emergency response, and similar activities.
TRANSIENTAny person who assumes temporary occupancy for the purposes of visitation, recreation or leisure purposes. This definition shall expressly exclude permanent residents and/or migratory workers and their families.
TRUCK OR MOTOR FREIGHT TERMINALA principal use contained on a single property:
A. To which materials and products are imported for their redistribution and export by commercial vehicle or other modes of transport; or
B. Whereby a fleet of commercial vehicles is maintained for their dispatch on an as needed or contractual basis.
TRUCK STOPA principal use designed as one functioning site in which various services and amenities are provided for the comfort, convenience and safety of those engaged in the trucking distribution industry and other motorists. Suitable examples include vehicle filling stations, vehicle repair and services, vehicle washing, dining and lodging, laundromats, rest lounges and areas, travel-related retail shops, gift shops, locker rooms and bathing facilities and similar uses.
TURBINE HEIGHTThe distance measured from the surface of the tower foundation upon which the wind turbine is attached to the highest point of the turbine rotor blades at their highest point of rotation.
TWO-FAMILY CONVERSIONThe conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.
UNIFORM CONSTRUCTION CODE (UCC)The latest version of the statewide building code adopted by the Pennsylvania General Assemble applicable to new construction in all municipalities whether administered by the municipality, a third party of the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted by the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
USEThe specific purpose(s) 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 such principal use or building.
USE, PRINCIPALThe use of land, including vacant or open land, or structure that is most dominant (either visually or economically) in the determination of the Zoning Officer.
USES DEVOTED TO THE CONSERVATION OF LOCAL NATURAL AND CULTURAL RESOURCESPrincipal uses that:
A. Are free of buildings, structures or other improvements and require little to no property maintenance;
B. Include outdoor passive recreation facilities, including picnic pavilions, hiking trails, park benches, drinking fountains, barbecue grills, ponds, natural and cultural exhibits, amphitheaters, navigable and intermittent waters, publicly operated scenic sites and other similar uses; and/or
C. House organizations whose principal purpose is the permanent protection of important and sensitive features and landscapes; and
D. Uses accessory to the above-permitted uses, including parking and loading spaces, signs, offices, restrooms, maintenance equipment storage areas and buildings, lights, waste receptacles and dumpsters, and other similar uses.
VARIANCERelief granted pursuant to the provisions of Articles
VI and IX of the Act upon application to the Zoning Hearing Board in accordance with §
205-151D of this chapter.
VETERINARY OFFICE/ANIMAL HOSPITALAny establishment, building or portion thereof, offering veterinary services to any type of animals by a licensed veterinarian. Such use is permitted to include the overnight boarding of domestic pets, but only if such domestic pets are kept inside the building where the use is operated. This term excludes the outdoor boarding or keeping of animals.
WAREHOUSEA building whose purpose is the storage of goods awaiting further processes or delivery/distribution.
WATERCOURSEA 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.
WATERSHEDAll the land from which water drains into a particular watercourse.
WELDING SHOPSA principal use devoted to the joining of metals through intense heat for repair or the preparation of parts used in other industrial production and/or assembly.
WETLANDSThose areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas, and which shall be identified using that method of the following that delineates the greatest area of wetlands:
A. The United States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers Wetlands Delineation Manual;
B. The United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified; or
C. The Pennsylvania Department of Environmental Protection's Resources Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified.
WIND AND SOLAR FARMA principal use devoted to the generation of electrical energy for consumption elsewhere by means of solar panels and/or wind energy conversion systems.
WIND TURBINEAny device which converts wind energy to mechanical or electrical energy. This shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.
YARDAn area between the permitted structures and the property lines.
A. CORNER LOTSOn corner lots that are also through lots, the front yard shall be those yards that are located between the principal structure and the adjoining street of address and located between the principal structure and the adjoining street that intersects with the street of address.
B. YARD, FRONTThe area contained between the principal structure and the street right-of-way line, except that where a portion of the site has a front property line that is located away from the street right-of-way and runs generally parallel to the street, the front yard shall also include that area that is located between the principal structure and the front property line that generally parallels the street (see adjacent diagram). On corner lots the front yard shall be those yards that are located between the principal structure and the adjoining streets.
C. YARD, REARThe area contained between the principal structure and the property line directly opposite the street of address. On corner lots that are also through lots, the rear yard shall be that yard that is located directly opposite the adjoining street that intersects with the street of address.
D. 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). On corner lots that are also through lots, the side yard shall be that yard that is located directly opposite the adjoining street that intersects with the street of address.
ZONEA portion of the Township within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.
ZONINGThe designation of specified zones within a community or township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.
ZONING HEARING BOARDThe Zoning Hearing Board of Dickinson Township, Cumberland County, Pennsylvania.
ZONING MAPThe Zoning Map of Dickinson Township adopted as part of this chapter.
ZONING OFFICERThe duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.
ZONING PERMITA permit stating that the purpose for which a building, structure, sign, and/or land is to be used is in conformity with the applicable requirements of this chapter for the zoning zone in which it is, or will be, located.