An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm, or two single-family dwelling units utilizing a shared driveway.

A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

The latest version of the Pennsylvania Municipalities Planning Code, as amended.

A nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Any 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 the 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, 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, and shall also include adult motels, adult cabarets and adult theaters.

A hotel, motel or similar commercial establishment which:

A commercial establishment, including a theater, concert hall, auditorium, or similar commercial establishment, which regularly features persons who appear in a state of nudity either on film, motion pictures, videocassettes, slides, similar photographic reproductions, or in live performances, which are characterized by the depiction or description of sexual content or sexually explicit nudity.

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

An area used for the landing and taking-off of aircraft. Such use may also include support services, such as fueling and maintenance equipment, passenger terminals, and storage hangars.

A public thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

As applied to a building or structure, means 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. An alteration does not include maintenance and repair.

Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

A change in use in any district which includes revisions to the zoning text and/or the Official Zoning Map; and the authority for any amendment lies solely with the Municipal governing body.

A commercial establishment which provides as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeeball, electronic or water firing ranges and other similar devices).

A building used for the treatment, housing, or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.

The raising and keeping of livestock and poultry for domestic use or consumption or capital gain or profit or with the intent of selling any livestock or poultry products. The keeping of livestock or poultry as farm pets or household pets pursuant to the regulations of this chapter shall not be construed as animal husbandry.

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

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.

The total area within the lot lines.

Any building or land devoted to the retail sale of automobiles, motorcycles, ATVs, snowmobiles, boats, motorized watercraft, trailers, and mobile homes, including accessory service and repair facilities if conducted within a completely enclosed building.

The flood having a 1% chance of being equaled or exceeded in any given year (one-hundred-year flood).

The projected flood height of the base flood.

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

An owner-occupied single-family detached dwelling, where between one and six rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.

An accessory use to a farm, in which bees are raised and/or kept.

A sign upon which advertising matter of any character is printed, posted, or lettered and it may be either freestanding or attached to a surface of a building or other structure.

The Zoning Hearing Board of the Township of Fermanagh.

Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire with or without meals. See also the definition of "rooming house."

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

The line of a structure or building existing at the effective date of this chapter or the legally established line which determines the location of a future building or structure or portion thereof with respect to any lot line or street right-of-way line.

A building surrounded by open spaces on the same lot.

The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

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

A building in which is conducted the principal use of the lot on which it is located.

The use shall be limited to the service and repair of furniture, office equipment, medical supplies and equipment and commercial appliances; the supply and servicing of vending machines; frozen food lockers; the painting, repair and assembly of signs; printing, copy and photostating services; arts, crafts, drafting and stationery supplies; food catering; interior decorating, taxidermy; upholstering; laundry and dry cleaning plants.

A bus passenger station that is central to an area and serves as a junction at any point with other lines.

A lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents.

A plot of ground within a campground intended for occupation by a recreational vehicle or tent.

An open space for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts except that one or more walls may be the walls of the main building to which the carport is an accessory building or extension.

That portion of a street or alley right-of-way that is intended for vehicular movement.

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

Land used or intended to be used for the burial of the deceased, including columbariums, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoria, which shall be considered as funeral homes. All cemeteries shall be required to be licensed by the Pennsylvania Department of State.

A statement signed by a duly authorized Township officer, setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.

A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and church-related educational and/or day care facilities.

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

Any equipment that facilitates the transmission for any FCC licensed or authorized wireless commercial communications service, including but not limited to antennas, transmitters, receivers, cabling, power supplies, and accessory equipment associated with and necessary for their operation. This shall not include support structures, such as monopoles, poles, towers, etc.

The Comprehensive Plan for the Township of Fermanagh, most recent edition, consists of maps, charts, and textual matter, and indicates the recommendations of the planning commission for the continuing development of the municipality. The Comprehensive Plan includes, but is not limited to, the following related basic elements: a statement of objectives; a plan for and use; a plan for the movement of people and goods; a plan for community facilities and utilities; and a map or statement indicating the relationship of the municipality and its proposed development to the adjacent municipalities and areas.

A use permitted in a particular zone, pursuant to specific conditions and factors as set forth in § 175-52 of this chapter.

A form of property ownership providing for individual ownership of a specific dwelling unit, or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.

A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land. Such plan is required for any agricultural, horticultural or forestry-related uses, including timbering, which involve earthmoving activities, and must be approved by the Juniata County Conservation District.

The adaptation of one single-family dwelling into an office or offices.

The adaptation of one single-family dwelling into a retail use.

Juniata County, P.A.

An unoccupied open space other than a yard, on the lot with a building, which is bounded on two or more sides by the walls of such building.

A courtyard enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.

A courtyard enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

That portion or percentage of the plot or lot area covered by the building area.

The officially established grade of the curb in front of the midpoint of the lot.

The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition includes preschool facilities, but does not include the offering of overnight accommodations.

A measure of the number of dwelling units which occupy, or may occupy, an area of land.

The number of dwelling units in relation to an area of land actually in use or proposed to be used for residential purposes, excluding public rights-of-way whether exterior or interior, but including interior parking areas and access lanes, sidewalks, parks, playgrounds, common open spaces, etc.

The number of dwelling units in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way, streets, sidewalks, parks, playgrounds, common open spaces, etc.

Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or, in the Floodplain Zone, the storage of equipment or materials.

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities, and shall include the written and graphic materials submitted with the plan.

A type of warehouse or storage use where the primary operation involves products being stored on-site temporarily for the purpose of delivery to another destination, such as a retailer, wholesaler, household or another distribution center. Such use may include refrigerated facilities, and shall include facilities to organize and retrieve products and for unloading from a truck for loading onto a truck. A distribution center primarily involves tractor-trailers bringing products to the facility, and tractor-trailer trucks bringing products from the facility.

The keeping of four or more dogs that are more than six months old.

An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm. Driveway is also defined to include a shared driveway utilized by two single-family dwelling units.

An outdoor area intended for use by the general public in driving golf balls.

A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

A building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "multiple dwelling," "two-family dwelling," or "dwelling group" shall not be deemed to include motels, hotels, recreation and vacation lodges, group quarters, lodging houses, rooming houses or boardinghouses.

A building or portion thereof providing complete housekeeping facilities for one family.

The minimum or average square footage necessary to constitute a dwelling unit in a multiple-dwelling structure.

An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public.

The front of a building; part of a building facing a street, courtyard, etc.

One or more persons who live together in one dwelling unit and maintain a common household. May consist of a single person or of two or more persons, whether or not related by blood, marriage, or adoption. May also include domestic servants and gratuitous guests.

Any parcel of land containing 10 or more acres, which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

An accessory use to the primary agricultural use of a property in which residents engage in a secondary occupation conducted on the active farm.

An artificial body of water, totally and in single ownership, which is used for stock watering, crop irrigation, fire protection or other farm use as approved by the U.S. Department of Agriculture Natural Resources Conservation Service. Any pond, pool or lake which is used for swimming, boating, fishing or other nonagricultural water-related activities by persons other than the owner, his family or his private guests, whose presence on the property does not directly or indirectly inure to the financial benefit of the owner, shall not be considered a farm pond, but rather shall be considered a public swimming pool (see Subsection B of the definition of "pool" herein).

A use intended to provide necessary farm-related goods and services to local agriculture, or to provide for the distribution or processing of locally-grown agricultural products. A farm-related business may or may not be conducted on an active farm.

A structure designed as a barrier to restrict the movement or view of persons, animals, property and/or vehicles. This definition shall not include ornamental fence treatments that are located in the front yard and extend less than 1/2 of the width and/or depth of the front yard.

Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including, but not limited to levees, bulkheads, dikes, jetties, embankments, and causeways.

A bank, savings and loan association, credit union, finance or loan company, or stock or brokerage office.

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Flea markets can include indoor and outdoor display or merchandise.

A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses, or other body of surface water, or from the unusual and rapid accumulation or runoff of surface waters from any source.

The flood which has reached the highest flood elevation above mean sea level at a particular location.

A floodplain is defined and established to be the low area adjoining and including any water or drainage course or body of water subject to periodic flooding or over-flow. For the purposes of this chapter, such floodplain shall be as delineated by the Federal Insurance and Mitigation Administration Flood Hazard Boundary Map.

The channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the banks of the stream.

All that space relegated to use by the customer and the retail employee to consummate retail sales; and to include display area used to indicate the variety of goods available for the customer; but not to include office space, storage space, and other general administrative areas.

The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, but not including hallways, stairways cellars, attics, service rooms or utility rooms, bathroom, closets, nor unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or courtyard. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area. The minimum total window area, measured between stops shall be 10% of the habitable floor area of such room.

The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

The management of forests and timberlands 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.

A structure or building, or part thereof, operated by a funeral director licensed by the State Board of Funeral Directors and devoted to the care, embalming and/or holding of services for the deceased, and related activity including the sale of caskets and other funeral equipment, until buried or cremated. The term "funeral home" shall also include crematoria, mortuaries and undertaking establishments.

A sale conducted as an accessory use to a residential dwelling, occurring for a period no longer than three consecutive days, at which personal possessions are offered for sale, and which sale does not include the import or stocking of inventory.

An enclosed or covered space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

Any garage not a private garage and which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.

See "home gardening" for definition.

A golf course with a minimum of 2,800 yards of play in nine holes.

The Township of Fermanagh Board of Supervisors.

The elevation of the center line of the streets as officially established by the municipal authorities.

The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.

A building or parcel for the growing of flowers, plants, shrubs, trees and similar vegetation. When used in this chapter, "commercial greenhouse or nursery" shall mean a greenhouse or nursery used for growing plants which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from such lot at wholesale or retail.

A building or structure used by a parent charitable, religious, educational, or philanthropic institution to provide a supportive living arrangement for individuals where special care is needed by the individuals served due to age, emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons, those under treatment for alcohol abuse, drug abuse, or both, unwed parents, and those who have been physically abused.

Any building or portion thereof which is designed or used for five or more persons unrelated to each other or to any family occupying the dwelling unit and having common eating facilities. Group quarters shall include, but not be limited to, lodging or boarding houses, fraternity and sorority houses, dormitories and other group quarters typical of educational, religious or other quasi-public institutions.

The region within the Township that includes and surrounds Mifflintown Borough, and within which residential, commercial, industrial and institutional uses are primarily recommended, and for which public infrastructure services are provided or planned.

The cultivation of herbs, fruits, flowers or vegetables on a piece of ground adjoining the dwelling, excluding the keeping of livestock, and permitting the sale of produce raised thereon.

Any use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling, and no goods are publicly displayed on the premises other than signs as provided herein.

Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for, the diagnosis, treatment or other care of human ailments.

A building containing rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in any accessory building.

An area of land developed for multiple industrial uses which are subject to the performance standards and area, bulk and setback regulations of § 175-20 and the use regulations of § 175-28B of this chapter.

Any discarded material or article including, but not limited to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers and structures. In shall not include, however, refuse or garbage kept in a proper container for purpose of prompt disposal.

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage, on a lot, of two or more unlicenced, wrecked or disabled vehicles, or the major part thereof, shall be deemed to make a "junkyard."

Any lot on which animals are kept, boarded or trained for a fee, whether in special buildings or runways or not, including, but not limited to, dog and cat kennels, horse stables or riding academies.

Any of the following activities:

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

The minimum square footage of lot area that is available for the use of the residents of a dwelling unit complex in which it is located or a part of the required area of a commercial or industrial development. This area must be both unsurfaced and water absorbent, and no more than 1/3 of this total space footage requirement may be made up of the area located within the setback requirements for the front, side, or rear yards of the complex.

A business premise equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including research, engineering or testing laboratories; assembly from components; assembly of radios, television, and similar electronic product; fabrication of models or test equipment; and optical instrument systems development, and provided that the use complies with the performance standards of § 175-20D hereof.

The dividing line between the street and the lot.

A building in which three or more, but not more than 15 rooms, are rented and in which no table board is furnished.

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

The lines bounding a lot as defined herein.

A parcel of land at the junction of and abutting on two or more intersecting streets.

A lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage. A flag lot includes a narrow projection or "flagpole" to the public right-of-way, which serves as access to the parcel.

A lot other than a corner lot.

A function involving either the production or processing of materials, goods or products.

An open or covered pit, detached structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and above-ground storage.

Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.

Includes all activity which removes, from the surface or beneath the surface of the land, some material mineral resource, natural resource, or other element of economic value, by means of mechanical excavation necessary, to separate the desired material from an undesirable one or to remove the strata or material which overlies or is above the desired material in its natural condition and position. The use includes, but is not limited to, the excavation necessary to the extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale, and iron ore.

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

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.

A 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.

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint planning commission.

The Township of Fermanagh, Juniata County, Pennsylvania.

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc-jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment.

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance 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.

Any dwelling with less than 15 sleeping rooms were persons are housed or lodged and furnished with meals and nursing care for hire.

A sanitary sewage collection system in which sewage is carried from individual lot or dwelling units by a system of pipes to a central treatment and disposal plant which may be publicly or privately owned and operated.

A place where the primary use is conducting 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; or the sale or delivery of any materials, goods, or products; or the sale or delivery of any materials, goods, or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use. Office uses shall include the following:

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

A single system of piping, tanks or other facilities serving only a single lot and disposing of sewage in whole or in part into the soil.

An unoccupied space open to the sky on the same lot with the building.

A conditional use in a residential use district that may be granted to a landowner or developer which would enable said landowner or developer to subdivide a parcel of land into lots for building purposes which do not conform to the minimum requirements of the district, provided open space is included in the plan designed for passive or active recreational purposes for dedication to the Township.

The use shall include and be limited to barber shops, beauty parlors, self-service laundry and dry cleaning establishments, laundromats, radio and television repair, repair shops for home appliances and tools, bicycles, guns, locks, shoes and watches, tailor and dressmaking shops and travel and ticket agencies.

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

The Township of Fermanagh Board of Supervisors, exercising the powers and duties of the planning commission under the Municipalities Planning Code, 53 P.S. § 10201 et seq.

The map or plan a subdivision or land development, whether preliminary or final.

A covered area in excess of four feet by five feet or 20 square feet in area at a front, side, or rear door.

Any lot, parcel or tract of land and any building constructed thereon.

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

Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture natural resource and conservation services county soil survey.

An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, and where there are not conducted any vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include adult-related facilities as defined herein.

A temporary stand erected for the sale of garden products and garden commodities produced on the same property where offered for sale.

Includes any occupation or vocation in which a professed knowledge of some department of science or learning is used by its practical application to the affairs of others, either advising, guiding, or teaching them and in serving their interest or welfare in the practice of an art founded on it. The work implies attainments in professional knowledge as distinguished from mere skill and the application of such knowledge to uses for others as a vocation. It requires knowledge of an advanced type in a given field of science or instruction and study.

A recorded boundary of a lot. However, any property line which abuts a "street" or other public or quasi-public way shall be measured from the full right-of-way.

Includes:

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

Services that are provided to areas with densities of one or more units to the acre, which may include sanitary sewers and facilities for the collection and treatment of sewage, water lines and facilities for the pumping and treating of water, parks and open space, streets and sidewalks, public transportation and other services that may be appropriate within a growth area, but shall exclude fire protection and emergency medical services and any other service required to protect the health and safety of residents.

A forum held pursuant to notice under 65 Pa.C.S.A. § 701 et seq. (Relating to open meetings).

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township of Fermanagh. 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.

Includes public and semi-public uses of a welfare and educational nature, such as hospitals, nursing homes, schools, parks, churches, cemeteries, civic centers, historical restorations, fire stations, municipal buildings, essential public utilities that require enclosure within a building; airports; fraternal clubs and homes; nonprofit recreational facilities; and easements for alleys, streets, and public utility rights-of-way.

Any administrative, maintenance, storage or service building operated by a public utility.

Hotels or motels located outside of designated commercial districts whose primary purpose is as a recreation or vacation destination as opposed to transient use.

An indoor or outdoor use for the purpose of recreation or entertainment, including, but not limited to, parks, playgrounds, bowling alleys, drive-in motion picture facilities, swimming pools, health clubs, miniature golf courses, museums, day camps, picnic groves, hunting, fishing and boating clubs, etc., but excluding adult entertainment facilities, as defined herein.

An accessory use whereby recyclables are dropped off by the public for collection by a waste hauler and/or processor.

A principal use whereby collected recyclables are separated, processed, cut, shredded, cleaned, ground, crushed, bundled, and/or packaged for re-use.

Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.

See "dwelling types."

A building designed for the preparation and serving of food to the general public within the same structure; wrapping, covering or packaging food for take-out and consumption of food off premises is incidental to providing table service to customers for the purpose of facilitating consumption of food on the premises, as distinguished from drive-in restaurants.

A building designed for the preparation of food to be consumed by and served to the general public within the structure or outside of the structure. Differentiated from a restaurant in that no table service is offered, and wrapping, covering and/or packaging food is specialized to facilitate off-premises consumption of food.

The display and sale of goods and products to the general public; the use shall be limited to shops and stores whose primary activities involve the sale or lease of amusements and games, antiques, art, books, beverages, carpets and rugs, ceramics and glass, confections, drugs, dry goods, flowers, food, furniture, gifts, garden supplies, hobbies, hardware, household appliances, household pets and supplies, leather goods, musical supplies and equipment, notions, paint, periodicals, photographs and photographic equipment, radio-television and sound equipment, sporting and camping goods, stationery, tobacco, toys and wearing apparel. This term shall not include adult entertainment facilities, as defined herein.

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

Setback distances in this chapter vary in accordance with the type of roadway abutting the properties. For the purposes of this chapter, the following definitions are employed (all roadways within the Township have been designated in accordance with these definitions):

An accessory use to a single-family detached dwelling in which accommodations are provided for not more than three persons for periods of one week or more.

An institution for the care of invalids or convalescents consisting of 16 or more sleeping rooms.

A lot or land or part thereof used primarily for the disposal of garbage, refuse, and other discarded materials including, but not limited to, solid and liquid waste materials resulting from industrial, commercial, agricultural, and residential activities. The operation of a sanitary landfill normally consists of:

The structures, pump(s), pump controls, wet/dry well, meters, flow recorders and any and all associated electrical connections, piping, valving, force main laterals and appurtenances that connect a pump station to public sewage facilities. Such term shall not include a grinder pump serving a single-family residential dwelling. The pump station shall serve only those structures on the improved property on which it is constructed.

A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally-based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

A principal use in which supervised education or instruction is offered according to the following categories:

A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining residential districts the structures and uses on the premises on which the screen planting is located.

A dwelling, cabin, lodge or summer house which is intended for occupancy less than 182 days of the year.

Shall include the following:

Uses, not enclosed within a building, necessary for the preservation of the public health and safety including, but not limited to, the erection, construction, alteration or maintenance of, by public utilities or governmental agencies, underground or overhead transmission systems, poles, wires, pipes, cables, fire alarm boxes, hydrants, or other similar equipment.

The line within a property defining the required minimum distance between any building to be erected and the adjacent right-of-way. Such line shall be measured at right angles from the front street right-of-way line which abuts the property upon which said building is located and shall be parallel to said right-of-way line.

Any arrangement of devices and structures used for treating sewage.

A neighborhood or regional shopping center which is preplanned and designed as a complex of related structures and circulation patterns containing multiple retail, restaurant and/or office.

Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, or similar organization.

The granting of a modification of the provisions of this chapter as authorized in specific instances listed, and under the terms, procedures, and conditions prescribed herein. Special exceptions are administered by the Zoning Hearing Board.

Shops for custom work and articles to be sold at retail on the premises, such as baking, confectionery, dress-making, tailoring, and printing.

Any of the following:

An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

A building in which any horses are kept for remuneration, hire or sale.

A covered or uncovered area at a front, side or rear door not exceeding four feet by five feet or 20 square feet in area.

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.

The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

The line dividing a lot from the full street right-of-way, not just the cartway. The term "street" shall have the meaning provided herein.

The center of the surveyed street right-of-way, or where not surveyed, the center of the traveled cartway.

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including among other things: buildings, stadiums, platforms, radio towers, sheds, storage bins, fences, and display signs.

The workshop of an artist, sculptor, photographer, or craftsperson, or a building or structure, or part thereof, dedicated to the teaching of dance, art, music or similar cultural subjects.

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

An establishment which serves primarily alcoholic beverages, but which may also serve food, for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.

A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radio telephone messages between subscribers and other business of the telephone company; but in a residential district not to include public business facilities, storage of materials, trucks or repair facilities, or housing or repair crews.

A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.

An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles, or on outdoor seats.

A group of buildings, including either separate cabins or a row of cabins, which:

The Township of Fermanagh.

A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer on the trailer. Unoccupied travel trailers do not constitute mobile homes, as used in this chapter.

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

Relief granted by the Zoning Hearing Board, following a public hearing that has been properly advertised pursuant to this chapter and the Pennsylvania Municipalities Planning Code, for an adjustment to some regulation which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of the chapter.

A building used for the storage of goods, products and materials that is not open to the public.

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

All the land from which water drains into a particular watercourse.

The sale of goods and products to retailers and not to the general public.

For the purpose of this chapter, the terms "game animal" and "wild animal" shall have the meanings provided in the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 102. The keeping of such animals shall be subject to the regulations of the Pennsylvania Game Commission.

An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

An unoccupied space open to the sky, on the same lot with a building or structure.

An open unoccupied space on the same lot with a main building, extending the full width of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

An open unoccupied space on the same lot with a main building, extending the full-width of the lot and situated between the side lines of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building. A building shall not extend into the required rear yard.

An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards.

The designation of specified districts within a community or township, reserving them for certain uses together with limitations on lot size, heights of structures, and other stipulated requirements.

The Zoning Map of the Township of Fermanagh, Juniata County, Pennsylvania.

The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.

The Township of Fermanagh Zoning Ordinance.