[Amended 8-8-2002 by Ord. No. 2002-5; 2-19-2004 by Ord. No. 2004-3; 8-19-2004 by Ord. No. 2004-7; 9-22-2005 by Ord. No. 2005-8; 11-12-2008 by Ord. No. 2008-15; 4-23-2009 by Ord. No. 2009-03; 10-13-2010 by Ord. No. 2010-03; 1-11-2012 by Ord. No. 2012-04; 1-11-2012 by Ord. No. 2012-02; 11-20-2013 by Ord. No. 2013-08; 3-27-2014 by Ord. No. 2014-01; 1-13-2016 by Ord. No. 2015-07; 5-25-2017 by Ord. No. 2017-05; 12-14-2022 by Ord. No. 2022-03]
When used in this ordinance, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise, or unless the context clearly indicates otherwise:
ABANDONED VEHICLEAny inoperable vehicle which has been lacking a currently effective state license and inspection sticker for a period of at least one year.
ABUTNext to or adjacent to, and includes the words "directly across from streets," "natural features," and "rights-of-way."
ACADEMIC CLINICAL RESEARCH CENTERAn accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth pursuant to the Act.
ACCESS DRIVEA privately owned, constructed, and maintained vehicular access from a public or private street to four or more off-street parking spaces or to at least one loading space.
ACCESSORY BUILDINGA building (such as a private garage, private toolhouse or children's playhouse or a noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building.
ACCESSORY STRUCTUREA structure serving a purpose customarily incidental to the use of the principal building and located on the same lot as the principal building.
ACCESSORY USEA use subordinate and customarily incidental to the principal use on the same lot.
ACREForty-three thousand five hundred sixty square feet.
ADJACENTA state of being side by side, next to, adjoining, contiguous, or abutting one to another.
ADULT BOOKSTOREA use with a significant portion of the market value of or total number of items for sale or rent being books, films, magazines, video tapes, coin- or token-operated films or video tapes, paraphernalia, novelties or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing, or relating to uncovered male or female genitals or specified sexual activities. This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law.
ADULT LIVE ENTERTAINMENT FACILITYA use including live entertainment involving persons (which may include waiters, waitresses, dancers, clerks, bartenders, contractors, or others) displaying uncovered male or female genitals or nude or almost nude female breasts engaging in simulated or actual specified sexual activities related to some form of monetary compensation paid to a person, company, or organization operating the use or to persons involved in such activity.
ADULT MOVIE THEATERA use involving the presentation of motion pictures, video tapes or similarly reproduced images distinguished or characterized by an emphasis on depiction of specified sexual activities for observation by patrons therein, and that is related to some form of monetary compensation by the persons viewing such matter.
ADULT USEThis shall include only the following: adult bookstore, adult movie theater, or adult live entertainment facility/use.
AGE QUALIFIED RESIDENTIAL COMMUNITYA planned residential development in which residency is qualified by age and other related characteristics as defined by the developer in accordance with this ordinance and all applicable laws and regulations.
AGRICULTUREThe raising and keeping of field, truck or tree crops and/or the raising and keeping of any member of the animal kingdom as a business enterprise. Kennels and seasonal roadside produce markets as defined herein are specifically excluded.
A. GENERAL AGRICULTUREAn activity shall be considered general agriculture provided the number of animal units is a maximum of 0.5 units per acre on parcels equal to or less than five contiguous acres and the number of animal units is a maximum of 2.0 units per acre on parcels greater than five contiguous acres. The area of greenhouses to be erected shall be less than or equal to 10,000 square feet. The production of mushrooms is excluded.
B. INTENSIVE AGRICULTUREAn activity shall be considered intensive agriculture when the number of animal units per acre, or the area of greenhouses erected as defined for general agriculture are exceeded. Mushroom production shall be considered intensive agriculture. Includes 1) Intensive Animal Operations; 2) Stockyards; 3) Commercial Mushroom Operations; and 4) Intensive Produce Operations, as defined herein.
ALLEYA public or private way affording only secondary means of access to abutting property.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMPHITHEATERAn indoor or outdoor structure or area having tiers of seats, risers, benches or grassy slope rising gradually outward from a central open space or arena where fee-based or non fee-based events, programs, spectacles and the like are performed or displayed.
ANIMAL HOSPITALA building, structure, or area of land where animals are given medical care, other than the premises where such animals are normally kept.
ANIMAL HUSBANDRYThe raising and keeping of livestock or poultry for any commercial purpose. The keeping of livestock or poultry as farm pets or for domestic purposes pursuant to the regulations of this ordinance and the raising of garbage-fed pigs or minks shall not be construed as animal husbandry.
ANIMAL UNITOne animal unit is equal to a total of 1,000 pounds of animal(s).
AQUAPONICSThe cultivation of fish and plants together in a constructed, recirculating system utilizing natural bacterial cycles to convert fish wastes to plant nutrients, for distribution to retailers, restaurants and consumers.
AUDITORIUMA building containing a stage and seating for meetings and performances.
AUTO GAS STATIONA place where only gasoline and a limited selection of automobile accessories are sold to the public at retail.
AUTO, RECREATION VEHICLE, OR BOAT SALES AREAAn open area, other than a street, used for the display, sale, or rental of new or used motor vehicles, recreation vehicles, or boats in operable condition, and where no major repair work is done.
AUTO REPAIR/BODY SHOPBuildings and land areas where repairs and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding, or rebuilding of transmissions. This use may also include any use described in the definition of "auto service station."
AUTO SALVAGINGThe dismantling or disassembling of motor vehicles or recreational vehicles to salvage parts therefrom, provided that no vehicle or part shall be stored on the premises for more than six months.
AUTO SERVICE STATIONBuildings and land areas where gasoline, oil, grease, batteries, tires or automobile accessories are supplied and dispensed at retail and where minor repairs are conducted. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than customary. Outside storage of inoperable or unlicensed vehicles at service stations is limited to a maximum two-day period of time for each such vehicle.
BASEMENTA story in a building (excluding a subterranean building) which has a structural ceiling five feet or more above the average level of finished grade abutting the exterior wall(s) fronting on any road. A basement shall be counted as one story in determining the permissible number of stories.
BED-AND-BREAKFASTA private single-family detached dwelling unit which provides overnight sleeping accommodations and bathroom access for guests, and provides breakfast (but no other meals or cooking or kitchen facilities or access) to guests for a per-night charge, provided that individual guests do not stay longer than seven days.
BETTING USEA use where lawful gambling activities are conducted, including but not limited to off-track pari-mutual betting. This term shall not include betting under the state lottery programs or betting under the Small Games of Chance provisions of state law; which shall instead be regulated under the regulations applicable to the principal use of the property (such as a "membership club").
BLOCKProperty bounded on one side by a street, and on the other three sides by a street, railroad right-of-way, public park, waterway, township line, tract of land held in separate ownership, or any combination thereof.
BOARDThe Zoning Hearing Board of the Township of East Allen.
BOARDING HOUSE (ROOMING HOUSE, LODGING HOUSE)A dwelling in which the owner or tenant rents at least one (but not more than five) rental units for residential or lodging purposes, regardless of whether meals are furnished or not.
BUFFER YARDA strip of land at least 20 feet in width which may be a part of the minimum setback distance and which is free of any principal or accessory building, parking, outdoor storage or any other use than open space.
BUILDINGA structure having a roof supported by columns or walls, used for the shelter, housing, or enclosure of persons, animals, or property. "Building" is interpreted as including "or part thereof."
BUILDING COVERAGEThe ratio obtained by dividing the maximum horizontal cross section of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located.
BUILDING HEIGHTThe vertical distance of a building measured from the point which is the mean level of the highest and lowest portion of the site covered by the building to the highest portion of the roof.
CAMPGROUNDA use that is primarily recreational in nature that involves the use of tents or sites leased for recreational vehicles for transient and seasonal occupancy by persons recreating or travelers, or the use of tents or cabins for seasonal occupancy by organized groups of persons under age 18 and their counselors.
CARBONATE GEOLOGYLimestone or dolomite rock formations formed by carbonate sedimentation in shallow sea waters.
CAREGIVERThe individual designated by a patient to deliver medical marijuana.
CARPORTA building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.
CARTWAYThe paved portion of a street or highway designed for vehicular traffic.
CELLARA part of the interior of a building (excluding a subterranean building) which has a structural ceiling less than five feet above the average level of finished grade abutting the exterior wall(s) fronting on any road. A cellar shall not be counted as one story in determining the permissible number of stories.
CERTIFIED MEDICAL USEThe acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth pursuant to the Act.
CLINICAL REGISTRANTAn entity that:
A. Holds a permit both as a grower/processor and a dispensary pursuant to the Act; and
B. Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
CLOSED DEPRESSIONIn a karst area, a distinctive bowl-shaped depression in the land surface. It is characterized by internal drainage, varying magnitude, and an unbroken ground surface.
COMMERCIAL MUSHROOM OPERATIONA specialized form of agriculture involving the raising and harvesting of mushrooms, carried on primarily inside buildings, including accessory operations such as composting, pasteurization, packaging and shipping.
COMMERCIAL OUTDOOR RECREATIONAny area which is predominantly open space, is used principally for active or passive recreation, and is used for a profit-making purpose.
COMMISSIONThe Planning Commission of the Township of East Allen.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional and 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 private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation, ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
COMPREHENSIVE PLANThe document entitled "Comprehensive Plan for East Allen Township," or any part thereof, adopted by the Board of Supervisors.
CONDITIONAL USECertain specified uses which are allowed or denied by the Board of Supervisors after recommendation by the Planning Commission pursuant to express standards and criteria set forth in this ordinance.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, created under the Pennsylvania Uniform Condominium Act.
CONFERENCE AND TRAINING CENTERA facility used for corporate or professional meetings, seminars and/or employee training, but which may include supporting dining and lodging facilities and related recreational facilities as accessory uses.
CONSTRUCTIONIncludes the placing of construction materials in permanent position and fastening in a temporary or permanent position; and the demolition of a pre-existing building, provided that further construction be diligently carried on.
CONVERSIONTo change or adapt land or structures to a different use, occupancy or purpose.
COUNTYThe County of Northampton, Commonwealth of Pennsylvania.
CULTURAL CENTERA building and/or land open to the public which contains exhibits of a cultural interest, such as a museum, art gallery, nature study area, etc.
CURATIVE AMENDMENTA proposed zoning amendment made to the Board of Supervisors by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which he has an interest.
DETACHEDA state of being surrounded on all sides by yards.
DISPENSARYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit issued by the Department of Health ("DOH") of the commonwealth to dispense medical marijuana pursuant to the provisions of the Act.
DISPENSARY FACILITYAny building or structure used to dispense medical marijuana by a licensed dispensary.
DISTRICT (OR ZONING DISTRICT)A portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this ordinance.
DRIVEWAYA privately owned, constructed, and maintained vehicular access from a street or access drive to three or fewer off-street parking spaces.
DUMPA site used primarily for the disposal by abandonment, dumping, burial, burning other means, and for whatever purpose of garbage, trash, junk, vehicles or parts thereof, or waste material of any kind.
DWELLING (RESIDENCE, RESIDENTIAL STRUCTURE)A building containing one or more dwelling units. The term "dwelling" shall not be deemed to include automobile court, rooming house, tourist home, hotel, motel, hospital, nursing home, dormitory, fraternity, sorority house, or other group residence.
A. SINGLE-FAMILY DETACHED DWELLINGA detached building containing only one dwelling unit. The term "single-family detached dwelling" shall be deemed to include a modular home, but shall not be deemed to include a mobile home.
(1) MODULAR HOMEA single-family detached dwelling designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent foundation and connected to utilities. The term "modular home" shall not be deemed to include a "mobile home."
(2) (a) A transportable, single-family dwelling designed so that it can be:
[1] Transported on a highway;
[2] Used for permanent occupancy, office or place of assembly contained in one unit or in two 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
[3] Constructed so that it may be used without a permanent foundation.
(b) The term "mobile home" shall not be deemed to include "recreation vehicle" or "modular home."
B. TWO-FAMILY DWELLINGA detached building containing two dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of both dwelling units shall comply with all requirements for a two-family dwelling in that district.
C. MULTIPLE-FAMILY DWELLINGA building containing three or more dwelling units. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of all dwelling units in a multiple-family dwelling shall comply with all of the requirements for that type of multiple-family dwelling in that district.
(1) LOW-RISE MULTIPLE-FAMILY BUILDINGA multiple-family dwelling (including townhouses, garden apartments, and other housing types) which do not contain more than six dwelling units, does not exceed three stories in height, and in which each dwelling unit has an independent outside access.
(a) GARDEN APARTMENTA low-rise multiple-family building in which individual dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to a common cellar.
(b) TOWNHOUSEA low-rise multiple family building in which each dwelling unit extends from ground to roof and contains two points of independent outside access.
(2) LOW-RISE APARTMENTA multiple-family dwelling not exceeding three stories in height, in which each dwelling unit shares a common outside access with at least one other dwelling unit.
(3) HIGH-RISE APARTMENTA multiple-family dwelling over three stories in height, in which each dwelling unit shares a common outside access with at least one other dwelling unit and elevators serve each floor.
(4) TRIPLEXA building consisting of three dwelling units attached as a group wherein each dwelling unit has individual outside access.
(5) QUADRUPLEXA building consisting of four dwelling units attached as a group wherein dwelling unit has individual outside access.
DWELLING UNIT (HOUSING UNIT)One or more rooms intended to be occupied by one family as separate living quarters, containing sanitary facilities, kitchen facilities, and having outside access directly from the dwelling unit or through a common access hall.
EMPLOYEESAny person or persons working for an employer including both part time and full time, both compensated, volunteer, and both employees and contractors present on a lot at any one time.
ESSENTIAL SERVICESThe erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply and disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.
EXPOSITION HALLA facility devoted principally to the public display or exhibition of products and technology and which may include, as accessory uses, facilities for meeting and/or training.
FAMILYOne or more persons related by blood, marriage, or adoption (or a group of not more than five persons not related by blood, marriage, or adoption), living together in a single dwelling and maintaining a common household with a single cooking facility. The term "family" shall not include the occupants of a clubhouse, hotel, motel, fraternity/sorority house, dormitory or boardinghouse. The term "family" shall include a group home, which is a building occupied as a residence by residents who receive twenty-four-hour on-site supervision by people or employees qualified by training and experience in the field for which the group home is indicated.
FARM PONDA man-made body of water at least 2,000 square feet in area used for agricultural or recreational purposes.
FARM-RELATED BUSINESSA business substantially devoted to serving production agriculture, which can be conducted on a property primarily used for agriculture as defined in this Ordinance. Said businesses must be farm related and/or designed to provided goods and services to the agriculture community.
FAST-FOOD RESTAURANTA building in which food is prepared and served to the public for consumption, but where no waiters or waitresses take orders and serve food to seated patrons at tables, booths or counter seats.
FENCEA man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a wall.
FLOOR AREA (GROSS FLOOR AREA)The total area of all floors, as measured to the outside surfaces of exterior walls (or from the center line of party walls separating two buildings), but excluding basements, cellars, crawl spaces, garages, carports, attics without floors, open porches, balconies, and terraces.
FORESTRYThe management of forests and timberland, when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FORM OF MEDICAL MARIJUANAThe characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variant and quantity or percentage of medical marijuana or particular active ingredient.
FRACTURE TRACELinear features in rock of less than one mile in length appearing on aerial photographs, representing zones of fracture concentrations in the bedrock.
FUNERAL HOMEA building, structure, or part thereof, approved by the State Board of Funeral Directors wherein a licensed funeral director conducts the professional practice of funeral directing, including the preparation, care, and funeral services for the human deceased. A funeral home may include a crematory.
GHOST LAKESTransient surface water bodies formed in sinks and closed depressions after heavy precipitation, due to poor internal drainage. This poor drainage may be due to residual clay remaining after solution of limestone minerals.
GOVERNMENT SERVICES AND FACILITIESMunicipal, county, state, or federal government buildings or facilities designed and intended to be occupied by the government or designed and intended for public use sponsored by such governments.
GRADEThe elevation of finished ground or paving.
GREENHOUSEA building consisting of glass or plastic walls used to conduct the business of growing of trees, shrubs, flowers and vegetables. A greenhouse may also be used as a retail outlet for plants grown in the greenhouse.
GREENHOUSE, CONTROLLED ENVIRONMENTA greenhouse that uses hydroponic production method, natural and artificial sunlight, and a controlled environment to grow trees, shrubs, flowers, ferns, houseplants, ornamental varieties, fruits or vegetables, or other plant varieties as deemed allowable by the Board of Supervisors in a nutrient solution instead of ground soil. Such greenhouses may include accessory headhouse buildings for the cleaning and packaging of trees, shrubs, flowers or vegetables grown in the greenhouse.
GROWER/PROCESSORA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit from the DOH to grow and process medical marijuana in the commonwealth, pursuant to the provisions of the Act.
GROWER/PROCESSOR FACILITYAny building or structure used to grow medical marijuana by a licensed grower/processor that has a current and valid license from the DOH pursuant to the Act.
HAZARDOUS WASTEThose wastes where significant potential exists for causing adverse public health or environmental impacts if the waste is handled, stored, transported, treated, or disposed of in a manner customarily accepted for ordinary solid wastes and subject to special state or federal licensing.
HEADHOUSE(Commonly referred to as "Support Building".) A building primarily utilized for harvesting and packing of vegetables and herbs. Commonly includes areas for some or all of the following: storage of raw materials; shipment of packaged goods; mechanical, electrical, water treatment, and plumbing equipment; office and administrative staff.
HEIGHT OF A COMMUNICATIONS TOWERThe vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
HOME OCCUPATIONA routine, accessory, and customary nonresidential use conducted within or administrated from a portion of a dwelling which has primary residential use, that complies with the requirements of §
250-27. A dwelling that only receives business mail at the address and does not involve the conduct of any other nonresidential use shall not be considered a home occupation and shall not by itself require a permit under this ordinance for such activity.
HOTEL (MOTEL)A building or group of buildings which contains six or more rental units for overnight lodging of travelers or for the temporary occupancy of transients, licensed under applicable laws.
HYDROPONICSThe propagation of plants using a mechanical system designed to circulate a solution of minerals in water, for distribution to retailers, restaurants and consumers.
INDOOR THEATER/AUDITORIUMAn establishment, other than an adult movie theater or movie house, inside a completely enclosed building devoted to showing motion pictures and/or live dramatic or musical performances.
INTENSIVE ANIMAL OPERATIONAn activity where the number of animal units is greater than 0.5 units per acre on parcels equal to or less than five contiguous acres and the number of animal units is greater than 2.0 units per acre on parcels greater than five contiguous acres.
INTENSIVE PRODUCE OPERATIONAn agricultural use whereby plant materials are principally grown within enclosed buildings, including but not limited to the erection of greenhouses in excess of 10,000 square feet in area, including Controlled Environment Greenhouses. (See also Aquaponics and Hydroponics.)
JUNK or SALVAGEAny discarded material or articles (including scrap metallic or nonmetallic items, abandoned vehicles and equipment, paper, glass, containers, and structures). It shall not include refuse or garbage kept in a proper container for the purpose of prompt disposal.
JUNKYARD (SALVAGE YARDS)Any land or structure where junk or salvage is discarded, bought, sold, exchanged, stored, bailed, cleaned, packed, disassembled, or handled. "Junkyards" does not include those structures where used furniture or household equipment is stored, bought, or sold, nor those structures or land where automobiles not abandoned are stored, bought, or sold.
KARSTA type of topography that is formed over limestone, dolomite, or gypsum by bedrock solution, and that is characterized by closed depressions or sinkholes, caves, and underground drainage.
KENNELAny lot on which four or more adult (over six months of age) dogs or cats are kept.
KITCHEN FACILITIESShall consist of all the following: sink with piped water, a permanent cookstove and a refrigerator.
LANDOWNERThe owner of a legal or equitable interest in land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee (if he is authorized under the lease to exercise the right of the landowner), or other person having a proprietary interest in land.
LANDSCAPINGIncludes, without limitation, landscaping poles, mounds, ceramics, fountains, decorative fences and bird baths. The term "landscaping" does not include a decorative pond with a water depth greater than two feet at any point on an aggregate area of more than 150 square feet (as measured by the smallest rectangle that can be drawn around the pond).
LOTAny parcel or tract of land intended as a unit of ownership, transfer of ownership, use, rent, improvement or development. The term "lot" includes the word "plot," "parcel," and "tract." Contiguous nonconforming lots under common ownership shall be considered one lot.
A. CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135º.
B. INTERIOR LOTA lot other than a corner lot (whose sides do not abut a street).
C. REVERSE FRONTAGE LOTSLots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.
LOT AREAThe area contained within the lot lines, excluding area within all existing and future street rights-of-way, flood plains, detention basins, wetlands, drainage easements, or slopes more than 25%. Any lots created before January 1, 1996, shall continue to use all of the lot area contained within the lot lines excluding space within existing or future road rights-of-way. As stated in the Zoning Ordinance effective January 1, 1983, for the calculations.
LOT DEPTHThe mean average horizontal distance between the front and the rear lot lines.
LOT LINESThe property lines bounding the lot.
A. FRONT LOT LINE (STREET LINE)A lot line separating the lot from a street right-of-way. The front lot line shall be the same as an existing or future right-of-way line (whichever establishes a greater width).
B. REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.)
C. SIDE LOT LINEAny lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
LOT SIZEThe calculation for lot size shall not include any of the following areas: floodplain, detention basins, wetlands, drainage easements or slopes of more than 25% [see Department of Environmental Protection (DEP) regulations]. Any lots created before January 1, 1996, shall continue to use all of the lot area contained within the lot lines excluding space within existing or future road rights-of-way. As stated in the Zoning Ordinance effective January 1, 1983, for the calculations.
LOT WIDTHThe horizontal distance between the side lot lines measured at the front lot line as set forth in this ordinance.

MEDICAL MARIJUANAMarijuana for certified medical use as legally permitted by the commonwealth and the provisions of the Act.
MEMBERSHIP CLUBA building or land area used by an association of persons and their invitees for a recreational, religious, educational, social, fraternal, political or athletic purposes. A church is an example of a membership club.
MOBILE HOME PARKA parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient residential use.
MOTOR FREIGHT TERMINALThe building, plus contiguous space, to which freight is brought for transfer, assembly and sorting for shipment by motor truck.
NIGHT CLUBA tavern or restaurant that has a primary or substantial portion of the total trade in the sale of alcoholic beverages, which frequently charges admission or cover charges for entertainment or music for dancing.
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 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 inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.
NONCONFORMING LOTA lot which does not conform with the minimum lot width, or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this ordinance or is legally established through the granting of a variance by the Board. Contiguous nonconforming lots under common ownership shall be considered one lot.
NONCONFORMING STRUCTUREA structure which could not be built under this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, but was lawfully in existence prior to the effective date of this ordinance.
NONCONFORMING USEA use which does not comply with the applicable use provisions of this ordinance, but which was lawfully in existence prior to the effective date of this ordinance.
NURSING HOMEA building containing sleeping rooms used by elderly persons who are lodged and furnished with meals with or without nursing care.
OFFICEA building in which a business is conducted, but is not a personal service, professional service, or retail store.
OFFICIAL MAPThe Official Map as adopted or amended by the Board of Supervisors showing the characteristics of streets, watercourses, and public grounds.
OFFICIAL ZONING MAPThe map as adopted or amended by the Board of Supervisors which designated the location and boundaries of zoning districts.
OPEN SPACEThe area of a lot unoccupied by principal or accessory structures, streets, driveways, or parking areas; but includes areas occupied by walkways, patios, porches without roofs, playgrounds, outdoor recreation or play apparatus, gardens or trees.
OPEN SPACE, COMMONA parcel or parcels of land, or an area of water, or a combination of land and water within a development site, which is open space designed and intended for the use or enjoyment of residents of a development.
ORCHARDThe raising and keeping of tree crops for any commercial purpose.
ORDINANCEThe East Allen Township Zoning Ordinance, including the Official Zoning Map, and any amendments enacted by the Board of Supervisors.
PARKAny area which is predominantly open space, is used principally for active or passive recreation, and is not used for a profit-making purpose.
PARKING FACILITIESOutdoor areas or specially designed buildings or garages used for the storage of vehicles.
PERMITA document issued by the proper Township authority authorizing the applicant to undertake certain activities.
PERMITTED USEA use which does not require special action by the Zoning Hearing Board or by the Board of Supervisors before a zoning permit is granted by the Zoning Officer.
PERSONAn individual, partnership, organization, association, trust, or corporation. When used in a penalty provision, "person" shall include the members of such partnership, the trustees of such trust, and the officers of such organization, association, or corporation.
PERSONAL SERVICEA building in which a business provides a service oriented to personal needs which do not involve primarily retail sales of goods or professional advisory services. Personal services include barber and beauty shops, shoe repair shops, household appliance repair shops, and other similar establishments.
PLANNED DEVELOPMENTAn area of land under single ownership containing any combination of two or more principal uses permitted by right, as a special exception, or as a conditional use in the district in which the development is proposed, provided a special exception or conditional use approval must be obtained for any proposed use so listed in the regulations of the district in which the development is proposed. Provided, however, that the definition of "planned development" shall not include a shopping center, as defined in this ordinance.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)An area of land controlled by a single landowner, to be developed as a single entity for a number of dwelling units in a variety of housing types, and which has a development plan that does not comply with regulations on lot size, bulk or type of dwelling, density, lot coverage or required open space, which apply to any single residential district created from time to time by this ordinance, and which complies with the regulations contained in §
250-19 and Appendix A.
PRINCIPAL USEThe single dominant use or single main use on a lot.
PROFESSIONAL OFFICEA building in which services are performed by a member of a profession, including but not limited to an accountant, architect, author, community planner, dentist, engineer, insurance agent, landscape architect, lawyer, minister, notary, optometrist, physician, realtor, or undertaker.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
RACE TRACKA use primarily involving driving of motor vehicles other than driving on a public street.
RADIO/TELEVISION TRANSMITTERAny structure used for the transmission or retransmission of a commercial radio or television (TV) broadcast signal.
RECREATIONAL VEHICLEA vehicle (regardless of size) which is designed as a temporary dwelling for travel, recreational and vacation uses (regardless of whether it is self-propelled or is designed to be towed or carried by another vehicle). Recreational vehicle includes campers, pop-up trailers, pickup coaches, travel trailers, or motor homes.
REGISTRYThe registry established by the DOH for all medical marijuana organizations and practitioners in the commonwealth pursuant to the provisions of the Act.
RENTAL UNITOne or more rooms intended to be occupied by one family as separate living quarters, but does not contain one or more of the following: sanitary facilities, kitchen facilities, or direct access from the outside or through a common hall.
RESTAURANTA building in which food is prepared and served to the public for consumption, where waiters or waitresses take orders and serve food to people at tables, booths, or counters.
RETAIL STOREA building in which retail merchandise is sold, except for any type of business selling any type of retail merchandise which is specifically listed in this ordinance.
RIGHT-OF-WAYLand reserved for the public or others for future use as a street or other purpose.
SANITARY FACILITIESAll of the following: sink with piped water, a toilet, and a bathtub or shower with piped water.
SANITARY LANDFILLAn area where garbage, trash, or junk is disposed of by burial in conformance with state regulations, but shall not include the disposal of hazardous materials or radioactive materials.
SCHOOLA public or private primary or secondary school, college or similar education institution.
SCREENA fence or natural obstruction of sufficient height (but not less than six feet high) to effectively visually obscure the area being screened from adjoining areas.
SELF-STORAGE DEVELOPMENTA building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal property.
SEWAGE DISPOSAL SYSTEMA system designed to collect, treat, and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the Township.
B. ON-LOT SEWAGE DISPOSAL SYSTEMA sewage disposal system which collects, treats, and disposes of sewage or holds sewage from only one dwelling, principal use, or lot.
SHOPPING CENTERA combination of four or more retail stores, financial institutions or personal service uses on one lot or on up to three adjacent lots in single ownership. This shall include only uses that are developed as one integrated development with shared off-street parking and a shared internal vehicular circulation system. This use may, in addition, involve other uses permitted in the district in which the shopping center is situate, including, but not limited to, professional office uses.
SIGNA visual display or image which is affixed to, painted, or represented directly or indirectly upon a building, structure, land, or any surface and which directs attention to an object, product, service, place, activity, person, institution, organization, or business, regardless of whether such display or image is permanent or temporary, but excluding displays or images which are decorative only.
A. OFF-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business located or offered elsewhere than upon the premises where the sign is located, or to which it is affixed.
B. ON-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed (including signs offering premises for sale, rent or development, or advertising building trades during construction or alteration).
D. PARALLEL SIGNA sign which is attached to or is part of the facade of a building and does not extend more than one foot from such facade.
E. PROJECTING SIGNA sign which is attached to the facade of a building and extends more than one foot, but not more than six feet, from such facade.
F. PORTABLE SIGNA structure, which is temporary in nature, measuring 32 square feet or less, having the ability to change the copy on the sign.
G. TEMPORARY SIGNA device calling attention to an event or happening [as per §
250-60A(3) of this ordinance] in the next 60 days which shall be removed within seven days after the dates of the event or the happening, which shall not exceed eight square feet.
H. WINDOW SIGNA sign affixed to or visible through a window of a building.
SIGN, GROSS SURFACE AREA OFThe gross surface area of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the sign. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
SINGLE-FAMILY CLUSTER DEVELOPMENTAn area of land controlled by a single landowner to be developed as a single entity for a number of single-family detached dwellings in compliance with the regulations contained in Appendix B.
SINKHOLEA localized sinking of the land surface to a variable depth, occurring in areas of carbonate bedrock, generally characterized by a roughly circular outline, a distinct breaking of the ground surface and downward movement of soil into bedrock voids.
SITE ALTERATIONIncludes regrading the existing topography, filling lakes, ponds, marshes or floodplains, clearing vegetation or altering watercourses.
SMALL WIND ENERGY SYSTEMAll equipment, machinery, and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, and one or more wind turbines or windmills, which have a combined total rated nameplate capacity of 100 kilowatts (kW) or less.
SOLAR ACCESSThe capability of receiving direct sunlight between 9:00 a.m. and 3:00 p.m. (Solar Time) on any area of a lot not within required yard areas.
SOLAR ENERGYRadiant energy (direct, diffuse, and reflected) received from the sun.
SOLAR ENERGY FARMSAll equipment, machinery, and structures utilized in connection with the collection, storage, conversion, and distribution of solar energy into space heating or cooling, water heating, and/or electricity that is a principal use of the lot. This includes but is not limited to solar panels, water storage, electrical batteries, electrical collection/connection and supply equipment, and transformers.
SOLAR ENERGY SYSTEMAll equipment, machinery, and structures utilized in connection with the collection, storage, conversion, and distribution of solar energy into space heating or cooling, water heating, and/or electricity for use and consumption on site that is not the principal use of the property. This includes but is not limited to solar panels, water storage, electrical batteries, electrical collection/connection and supply equipment, and transformers.
SOLAR PANELSA structure containing one or more receptive cells which capture solar energy for use in a solar energy system.
SPECIAL EXCEPTION USEA use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this ordinance, provided that the use complies with the conditions and standards required by this ordinance.
SPECIFIED SEXUAL ACTIVITIESOne or more of the following:
A. Human male genitals in a visible state of sexual stimulation.
B. Acts of human masturbation, sexual intercourse, oral sex, or sodomy.
C. Fondling or other erotic touching of human genitals.
STADIUMA large, open or enclosed place used for athletic competitions and major events and partly or completely surrounded by tiers of seats for spectators.
STOCKYARDAn intensive agricultural use containing a large yard area with pens or stables where cattle, sheep, swine or other livestock are kept ready for sale or shipping.
STORY (AND HALF-STORY)That portion of a building, included between the surface of any floor and the ceiling next above it, having a vertical distance of not less than seven feet shall be considered a full story. Any such portion of a building having a vertical distance of less than seven feet shall be considered a half-story. Basements shall be considered full stories while cellars shall not be considered as being stories or half-stories.
STREETA public or private thoroughfare which affords the principal means of access to abutting property or to multiple buildings that are under separate ownership and/or maintenance, regardless of the form of ownership and maintenance of the land upon which the buildings are located. This definition includes any physical improvements (such as cartway) and any rights to the land (such as right-of-way). The definition includes the terms "avenue," "place," "way," "parkway," "lane," "boulevard," "highway," "road" and any other thoroughfare except an alley, access drive, or driveway.
A. ARTERIAL STREETStreets designed primarily to carry medium to heavy volumes of traffic at moderately high speeds, and generally should not provide access to land which would interfere with their primary traffic functions. Arterial streets are those streets which are so designated on the Official Zoning Map of this ordinance.
B. COLLECTOR STREETStreets designed to carry a moderate volume of traffic between local streets and arterial streets at moderate speeds, and provide only limited vehicular access to the abutting properties. Collector streets are those streets which are so designated on the Official Zoning Map of this ordinance.
C. LOCAL STREETStreets designed to provide direct access from abutting properties to collector and arterial streets. Local streets are those streets which are not designated as arterial streets or collector streets on the Official Zoning Map of this ordinance.
STRUCTURAL ALTERATIONAny change in the structural parts of a structure such as walls, columns, beams, girders, floors, roof or ceiling, or any addition to any structure; or the moving of a structure from one location to another. "Structural alteration" does not include normal maintenance, minor repairs, or interior alterations.
STRUCTUREAny man-made object having an ascertainable, stationary location on or in land or water, whether or not affixed to the land. The term "structure" shall include: building, fence, wall, tower, swimming pool, porch, garage, and similar structures. "Structure" shall be interpreted as including the words "or part thereof."
SUBTERRANEAN BUILDINGA building covered by land on at least 50% of the total surface of its walls and roof.
SWIMMING CLUBAn area containing a swimming pool which is used by the public or by members for a fee.
SWIMMING POOLA body of water or receptacle for water having a depth at any point greater than 30 inches which is primarily used or intended to be used for swimming or bathing.
TEMPORARY STRUCTUREA structure which is not designed to last or to be used for a specific use for more than one year.
TOTAL IMPERVIOUS COVERAny area covered by a structure or other nonvegetative surface, including, but not limited to, roofs, patios, walkways, paved or stoned driveways and paved or stoned parking areas, paved or stoned outdoor storage areas, swimming pools and swimming pool deck areas, expressed as a percentage of lot area. The Township Engineer shall decide any dispute over whether an area is "impervious."
TOWNSHIPThe Township of East Allen, Northampton County, Pennsylvania.
TRAILERSee "mobile home" (listed under "dwelling") and "recreation vehicle."
USEAny activity, occupation, business, or operation carried on or intended to be carried on in a structure or on a lot.
VARIANCEThe granting of permission by the Zoning Hearing Board to use or alter land or structures which requires a variation from the strict application of a requirement of this ordinance. Variances are granted only in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby strict application of regulations would result in practical difficulty and unnecessary hardship. Variances are granted only if specific requirements are met. A variance may not be granted to permit a use, which is not permitted in the zoning district involved.
WAREHOUSE or WAREHOUSINGA building or group of buildings primarily used for the indoor storage, transfer, and distribution of products and materials, but not including retail uses or a motor freight terminal, unless such uses are specifically permitted in that zoning district.
WATER DISTRICTAn area of the Township designated by the Township by ordinance, in accordance with the Second Class Township Code § 2611, to require connection and financial contributions by property owners to the public water supply system. See related Chapter
242 of the East Allen Township Code.
WATER SUPPLY SYSTEMA system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the Township.
A. (1) PUBLIC WATER SUPPLY SYSTEMA centralized water supply system that is provided, owned, and operated by East Allen Township, the East Allen Township Municipal Authority, the Bethlehem Authority, or the City of Bethlehem, and/or their successors and assigns.
WATER WELL DRILLERAny person licensed by the Commonwealth of Pennsylvania performing or responsible and in charge of drilling, altering, or repairing a water well.
WELLAny excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, testing, use, withdrawal, or artificial recharge of groundwater. This includes but is not limited to test wells, test borings, geothermal and monitoring wells, in addition to wells to be utilized for public or private water supplies.
WELL DRILLER LOGThe latest version of the Water Well Completion Report, DCNR Form 8700FMTG51OOS, or its replacement.
YARDAn open space on the same lot with a structure (or a group of structures), except signs, and a lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted.
A. FRONT YARDA yard extending the full width of the lot between a structure and the front lot line or side street lot line.
B. REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
C. SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.