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Franklin Township Beaver County
City Zoning Code

ARTICLE II

Terminology.

§ 330-9 General rules.

The following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future tense; the singular includes the plural and the plural the singular; the words "person" and "developer" include a firm, association, partnership, trust, company or corporation as well as an individual; the masculine includes the feminine; the word "shall" is mandatory and the word "may" is permissive; the words "used or occupied" include the words "arranged, designed, constructed, altered, converted, rented, leased, maintained, or intended to be used or occupied"; the words used in this chapter and not otherwise defined in this article shall have the same meaning as in a standard dictionary.

§ 330-10 Definitions.

As used in this chapter, the following terms shall have the meanings indicated in this section:
ABUTTING
Touching along a common boundary line including directly across an intervening street.
ACCESS AISLE
An unobstructed vehicular passage in a parking lot, directly abutting a row of parking spaces and connecting to other aisles and to public streets, designed to provide maneuvering space for drivers entering and leaving the parking spaces.
ACCESSORY BUILDING OR STRUCTURE
A subordinate building to the main building permitted on a lot, the use of which is customarily incidental to that of the main or principal building. Where accessory structures are attached, setbacks for the principal use shall apply. Accessory structures are not permitted where a principal use has not been erected on the lot.
ACCESSORY USE
A use on the same lot with and of a nature customarily incidental and subordinate to the principal use and not occupying more than 20% of the lot area, including but not limited to storage sheds, detached garages, satellite dishes, private swimming pools, radio antennas, platforms, decks and carports. The 20% limitation shall not apply to lots or parcels larger than two acres. Where accessory uses are attached, setbacks for the principal use shall apply.
ADULT BUSINESS
An adult bookstore, commercial movie theater or movie house, or other adult entertainment, as defined herein. In the event that an activity or business which might be classified under a use category other than adult business is combined with and/or includes activities which constitute an adult bookstore, adult movie theater or movie house or adult entertainment, as defined herein, then such activity or business shall constitute an adult business and shall be governed by those provisions of this chapter applicable to adult business uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
AGRICULTURAL FIELD OPERATIONS
The raising and harvesting of crops for sale, trade or use by the farmer planting them, but not including the pasturage or sheltering of any farm animals or fowl.
ALLOWED BY RIGHT
Permitted without review except for the Zoning Officer because the proposed use is a permitted use in the zone district where the property is located, assuming all bulk and dimensional and off-street parking requirements are complied with.
AMENDMENT
Any addition, deletion or revision of this chapter's text or Map officially adopted by the Board of Supervisors after a public hearing.
AMUSEMENT ENTERPRISE
A leisure activity or recreation, usually in a confined area, for which a charge is assessed for the use of the facility and/or equipment.
APARTMENT
A dwelling within a building containing at least three similar dwellings, access to which is directly to the outside at grade or via common hallways and stairs to the outside at grade.
APARTMENT BUILDING
A building containing at least three dwellings.
APPEAL
A petition made to the next higher level of authority by a party wishing to pursue or protest a development issue that has been denied or approved at a lower level or by a public official, asking for reversal of the lower level decision.
APPELLANT
A party with the legal standing to file a petition to appeal an official action of a public body or public official.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION
Documentation submitted by an applicant as required by this chapter to trigger action by a public body or individual authorized to act on the application.
ATTACHED DWELLING
A single-family dwelling that abuts similar dwellings along one or two common walls.
AUTO SERVICE STATION
A business that provides fuel and oil for vehicles and may sell auto accessories and traveler convenience goods and provide minor auto services and maintenance, but does not offer collision repair or painting or the storage of abandoned or damaged vehicles. Minor service shall be limited to spark plug, battery and tire repair and servicing; replacement of mufflers, tailpipes, hoses, belts, fluids, bulbs, windshield wipers and minor fittings; radiator cleaning and flushing; washing, polishing and lubrication; brake adjustment or installation; carburetor, fuel pump and fuel line replacement or servicing; minor engine tuning, and emergency starting services.
BACK-OFFICE OPERATIONS
Business activities in an office setting that do not include regular face-to-face contact with clients or customers, usually involving recordkeeping, billing, telemarketing, bookkeeping and similar operations.
BALCONY
A platform without enclosing walls attached to a building along one or more edges, but with no supporting connection to the ground.
BAY WINDOW
A projection from the wall of a building containing windows and supported only by the wall.
BED-AND-BREAKFAST INN
A single-family detached dwelling whose owner-occupant has set aside rooms for overnight use of paying visitors and who provides no meals except breakfast.
BOARD OF SUPERVISORS
The duly elected governing body of the Township currently in office.
BUFFERING or SCREENING
Natural plantings, fences and/or walls placed along the perimeter of a property to protect residential development from abutting commercial or other activity that would deteriorate the enjoyment or value of the residential property.
BUILDING
Any man-made structure attached to or into the ground and having a roof supported by columns or walls, used for the shelter or enclosure of persons, businesses or other enterprises and activities associated with any of them.
BUILDING LOT
A ground surface of sufficient area, width and frontage to meet the minimum requirements of this chapter for the zone district where the lot is located.
BUILDING OR SETBACK LINE
A line or part of such line that described the limits of building construction within a lot, set back from lot lines the depths of front, side and rear yards in each lot, depending on which zone district the lot is located in.
BUILDING PERMIT
A document attesting that a proposal for development has been reviewed and approved and found to be in accordance with the requirements of this chapter and allowing construction to commence.
BUILDING WALL
The exterior vertical element that surrounds a building or any part of such element. The outer face of the wall is the plane from which distances to lot lines are measured.
BUILDING, PRINCIPAL
The building in which is conducted the principal use of the lot on which the building is located. The dwelling shall be considered the principal building on a residential lot. In some business or apartment building developments, there may be several principal buildings containing the same use.
CANOPY
A permanent, not retractable, device attached only to the wall of a building to protect and/or mark an entrance, made of lightweight materials and capable of supporting only its own weight.
CENTER LINE
A line that runs parallel to the length of a road and is equidistant from the right-of-way lines on either side, or, if no right-of-way exists, the line that is equidistant from each side of the paved or prepared travel surface.
CHALLENGE, PROCEDURAL
An appeal challenging the actions taken by elected officials or appointed bodies of the Township for failing to follow prescribed procedures in the adoption of an ordinance or amendment, scheduling or holding a public hearing or enforcement of the ordinance.
CHALLENGE, SUBSTANTIVE
An appeal brought against an ordinance or amendment on the grounds that such ordinance or amendment unfairly places a burden on one or more private property interests without compensation or advance of the public health and safety.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
CHURCH
The building containing as the central room the sanctuary and meeting place of a religious congregation and may include living quarters for the minister and his/her family.
CLUB, PRIVATE
An establishment operated for social, fraternal, recreation and/or educational purposes, open only to members and their guests, and governed by an elected board of its members.
COMMERCIAL KENNEL OR STABLE
A facility designed to house, care for, breed, show and/or train dogs or horses as a profit-making business.
COMMERCIAL RECREATION
Leisure activity available to the public at a charge. Such recreation may include, but is not limited to, bowling alleys, dance, bingo or pool or billiard halls, golf courses, miniature golf, pitch and putt golf, fishing lakes, video game arcades, amusement rides and petting zoos.
COMMON HALLWAY
A passage within a building providing the connection between individual dwellings and stairs leading to the outside of the building.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a development site, and designated 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.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any persons 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 antenna or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications equipment required for the operation of communications antenna and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWER
A structure, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
COMMUNICATIONS TOWER, HEIGHT OF
The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
COMMUNITY DEVELOPMENT OBJECTIVES
A series of statements summarizing the recommendations of the Township's Comprehensive Plan expressing achievable goals for land development management, population change, and improvement of roads, utilities, community facilities and environmental protection.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions in Article VI of the Pennsylvania Municipalities Planning Code.[1]
CONDOMINIUM
One of a group of dwellings or other units in a plan available for sale as an individual dwelling or unit, ownership of which requires financial support of the maintenance of land and facilities owned in common by all the dwelling or unit owners.
CONSTITUTIONALITY
The ability of a regulation affecting development to fairly balance the public health, safety and welfare, and the rights and opportunities of private property owners under the First and Fourteenth Articles of the Constitution.
CONVENIENCE SALES
Retail sales of popular everyday disposable products with limited choices and available over a wider time frame than normal retail sales outlets, including gasoline sales from pump islands.
CONVERSION APARTMENT
A dwelling created from within a single-family detached dwelling.
CORNER LOT
A lot abutting two streets which intersect at one corner of the lot.
CURATIVE AMENDMENT
An amendment of this chapter proposed by a property owner challenging the validity of certain provisions as they apply to property in which the applicant has an interest and requiring action by the Board of Supervisors on the petition, or a municipal curative amendment by which the Board declares a moratorium on specific parts of this chapter to cure alleged defects.
DAY-CARE CENTER
A facility for the short-term care of dependent persons, operated by a qualified staff and certified by the state.
DECK
A structure attached to the exterior of the principal use as an accessory use. All setbacks shall be those established for the principal structure or principal use.
DEVELOPER
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.
DEVELOPMENT
The erection, expansion or alteration of a building or structure; the altering of the land surface to receive construction; the subdividing of land in anticipation of its receiving construction or the offering of land for such purpose; or any man-made change to improved or unimproved property within a flood hazard area, including but not limited to paving, placing of utilities, filling, grading or excavating.
DEVELOPMENT PLAN
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this act shall mean the written and graphic materials referred to in this definition.
DISTRICT REGULATIONS
The group of standards, including lot size, building setback and coverage, and land use opportunities that govern development in a particular zone district.
DRAINAGEWAY
A depression across the ground surface that collects water runoff from surrounding higher land and carries it to a larger stream or a storm drain inlet.
DRIVE-THROUGH SERVICES
An arrangement which permits customers to transact business without leaving their cars.
DRIVEWAY
The private vehicular entrance to a property connecting to the street that abuts the property.
DWELLING
A group of connecting rooms in a building for the exclusive use of one family, containing its own private cooking, food storage, bathing, toilet facilities, and connecting either directly or by a common hall and/or stairs to the outside, but not including motels, hotels, dormitories or nursing homes.
DWELLING UNIT
A dwelling, but more commonly one of a group of dwellings in a building or group of buildings.
DWELLING, SINGLE-FAMILY DETACHED
A building containing only one dwelling and no other principal uses, surrounded on all sides and above by open space.
DWELLING, TWO-STORY OR DUPLEX
A detached building, surrounded by outside space on all sides and above, containing only two dwellings, situated side by side and separated by a common wall, or one above the other separated by a common floor/ceiling penetrated by only utility lines, chimneys and access to the upper dwelling. Each dwelling shall be independent of the other, except that there may be a common foyer, entrance porch, driveway and/or common utility entrance and a shared garage and/or use of the basement.
EASEMENT
A right-of-way granted by a property owner across private land for placing public utility lines or for drainageways.
ELECTRONIC NOTICE
Notice given by a municipality through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ELDER COTTAGE
A mobile home which is located on a single-family lot as an accessory structure. Such structure is to be used for the resolution of a hardship to provide housing for elderly immediate family members.
[Added 3-9-2005]
EMERGENCY SERVICES STATION
A facility that houses police, fire, ambulance equipment and supplies, including attached offices and crew quarters.
ENACTMENT
The official action of the Board of Supervisors to adopt, after public hearing, this chapter or any amendment as law.
END WALL
The wall of an apartment building that is at right angle to the hallway serving the dwellings within.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or municipal departments or municipal authorities or underground or overhead gas, electrical, stream or water transmission or distribution wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for furnishing of adequate service by such public utilities or municipal or other governmental agencies or buildings or maintenance depots, excluding communications towers and antennas.
[Added 3-9-2005]
EVERGREEN HEDGE
A continuous linear row of plantings that, as they mature, grow together to create a semiopaque screen which is always green.
FAMILY
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that five or more persons living together in a single dwelling unit, who are not related by blood, adoption or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The group shares the entire dwelling unit.
B. 
The group lives and cooks together as a single housekeeping unit.
C. 
The group shares expenses for food, rent, utilities or other household expenses.
D. 
The group is permanent and stable, and not transient or temporary in nature.
E. 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
FLOODPLAIN or FLOOD-PRONE AREA
The area that has been designated by the Federal Emergency Management Agency (FEMA) as being submerged by a flood with a 1% chance of occurring in any year.
FLOOR AREA
The total horizontal interior area that is owned or leased as a unit, measured from the outside faces of walls.
FORESTRY
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
FRONT SETBACK LINE
A line parallel to the lot line abutting the street on which the lot fronts that establishes the minimum distance from the right-of-way line of the street a building may be erected on the lot.
GARAGE, PRIVATE
An accessory building on a residential lot attached to or detached from the dwelling, or a room within the dwelling, intended for the storage of vehicles and equipment owned and operated by the residents of the dwelling and not for repair of vehicles or equipment for profit.
GENERAL FARMING
The planting and harvesting of field or orchard or nursery crops, the keeping and maintaining of livestock and fowl, but not including cattle feedlot operations or commercial slaughterhouses.
GRADE
The finished elevation of the land surface on a lot at the completion of a development.
GRADING
The act of manipulating the land surface to accomplish a land development.
GROUP HOME
A single-family detached dwelling, the resident operators of which provide room and board, personal care, rehabilitation and twenty-four-hour supervision in a family environment for not more than six developmentally disabled or physically challenged persons who are placed in the home by a recognized social service agency which has long-term responsibility for the residents' welfare.
HALLWAY
A common passageway to which apartments have their principal access and which leads directly to the outside at grade or to stairs connecting to a common entry at grade.
HEARING OFFICER
A member of the Zoning Hearing Board appointed by the Board to act on its behalf in hearing and deciding a case, appealable to the Board as a whole.
HOME BUSINESS
A small business operated on the property upon which the business owner/operator resides, with setback and landscape requirements designed to protect neighboring properties.
HOME OCCUPATION
A service-type small business conducted within a dwelling by the residents, involving no exterior manifestation, except for a sign and parking, and not capable of creating nuisance or congestion conditions in the neighborhood where the dwelling is located.
INCOMPATIBLE USE
A land use which has the potential to degrade adjacent or nearby uses because of environmental or nuisance conditions and should be separated or buffered from the uses that could be degraded.
INTERPRETATION
An easement of the meaning of a word or phrase used in the context of this chapter or of the application of regulations in this chapter to a development proposal.
LAND USE
The principal activity that occurs on a lot or property and within the buildings and structures on it.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPING
The combination of land forms (graded or natural) and planted materials and existing vegetation that combine to enhance, protect or focus attention upon a development.
LATTICE STEEL TOWER
A vertical tripod-shaped structure composed of small metal members joined together to provide stability at the base, strength to support weight at the top, and sufficient lateral resistance against wind and ice loads.
LITERAL MEANING
Interpretation of the contents of this chapter to the letter, without judgment or opinion that would shape or slant the meaning of any section, clause, phrase or word.
LONG WALL
Wall of an apartment building that is parallel to the hallway serving the dwellings within and is one of the two longer walls of the buildings.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The total horizontal surface area within the lot lines, measured in square feet or acres, and determined by deed or survey. Where the deed goes to the center line of the street, the lot area is measured to the right-of-way line.
LOT COVERAGE
The area occupied by buildings on the ground, expressed as a percentage by dividing the total area occupied by buildings on the lot by the lot area.
LOT FRONTAGE
The distance across the front of a lot between side lot lines where they intersect the right-of-way line of the street to which the lot is oriented.
LOT LINE
Any of the lines describing the perimeter of a lot.
LOT LINE, FRONT
The line abutting the street to which the lot is oriented.
LOT LINE, REAR
The line most distant from the front lot line.
LOT LINE, SIDE
The lines on either side of a lot connecting the front and rear lot lines.
LOT OF RECORD
A lot duly recorded in the office of the Beaver County Recorder of Deeds.
LOT WIDTH
The distance across a lot measured along the front setback line between the side lot lines.
MAILED NOTICE
Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MIXED-USE BUILDING
A building that is occupied by business or other nonresidential uses on the first floor and by apartments on the upper floor or floors.
MOBILE HOME
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.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.
MONOPOLE
A thin vertical structure less than three feet in diameter or cross-section width that appears to be of one-piece construction and may require guy wire supports.
MOTEL
Overnight accommodations catering to the automobile traveling public, with parking adjacent to or in easy reach of each room, and with optional dining, meeting and recreational facilities included.
MUNICIPAL BUILDINGS AND FACILITIES
Any building or structure owned and operated by the Township or an authority of which the Township is a member, or by a volunteer emergency services provider, for the public benefit.
NEWSPAPER OF GENERAL LOCAL CIRCULATION
A newspaper to which a majority of households in the Township, or at least the largest minority, subscribe. In the interests of public service, it may be desirable to advertise hearings in more than one newspaper if two or more newspapers serve significant areas of the Township.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 BUILDING
A building or structure or part of a building or structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING USE
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.
NURSERY
A business that grows and sells landscaping materials.
NURSING HOME
An establishment where persons are lodged and furnished with meals and appropriate support, licensed for operation by the state. The term "nursing home" includes an extended care facility where skilled nursing care is provided to bedridden or convalescent individuals, or a hospice, where terminally ill individuals are provided support and specialty skilled care.
OCCUPANCY PERMIT
A certificate issued by the Zoning Officer, attesting that all requirements of this chapter have been met and the building for which the permit applies may be occupied by its owners.
OFF-STREET PARKING
Parking spaces located entirely outside of any public right-of-way.
ON-LOT SYSTEM
The sewage disposal and/or water supply provisions on an individual lot when no public systems are available, including sand mounds, leach fields, wells and cisterns, if approved for use.
OVERLAND PUBLIC UTILITY LINES
Overhead or underground transmission lines that pass through the Township, but to which local homes and businesses do not have direct access.
OVERLAY ZONE
A group of development regulations that apply within specific boundaries that may not coincide with the zoning districts of this chapter and are to be applied in addition to the regulations in the underlying zone districts.
PARKING, REQUIRED
The minimum number of parking spaces specified in this chapter for each of the various land use categories.
PARKING SPACE
An area within a parking lot of sufficient area and width to accommodate one vehicle, abutting an access aisle.
PATIO
A paved outdoor area at, or in close proximity to, the surrounding ground level with no space below it, protected at the owner's option with a covering but not a permanent roof.
PAVED SURFACE
Any at-grade area not a building or structure that prohibits the passage of water through it.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
Legislation adopted by the state in 1968, and amended on several occasions since, which provides for a uniform procedure enabling municipalities to implement regulations, such as this chapter, to control the development and use of land.[2]
PERMITTED USE, PRINCIPAL
A use allowed by right under the terms of this chapter to occur on a lot because of the lot's location in a particular zone district. Principal permitted uses are listed for each zone district and imply that all other activity on the lot is, or will be, secondary to the principal use. Such uses may be permitted directly by the Zoning Officer without reference to other review bodies, unless site plan review is needed.
PERSONAL CARE HOME
A single-family detached dwelling, licensed by the Commonwealth of Pennsylvania, which provides meals, shelter and personal assistance or supervision for ambulatory people, not relatives of the live-in operator, when such adults require help with dressing, bathing, diet or dispensing of medication prescribed for self-administration.
PORCH
An outdoor attachment to a building raised above the surrounding ground level, which may have a permanent roof but is not enclosed. An "open porch" implies no covering.
POSTING
The placement of a notice upon a signboard or upon a building or structure on a property calling public attention to proposed changes in the zoning status of the property, or to a request for a variance, and indicating the date, time and place of the hearing at which the matter will be heard.
PROPERTY
For purposes of this chapter, land whose boundary is clearly described and closes on itself, is in one ownership and may include structures and buildings thereon. A lot is a property.
PUBLIC HEALTH, SAFETY AND WELFARE
The protection of these values is the legal basis for zoning and implies that zoning is needed to prevent the spread of fire, disease, and blighting conditions, and to prevent the spread of hazards and the development of land uses and land use relationships that would reduce property values and/or interfere with the normal enjoyment and enhancement of private property.
PUBLIC HEARING
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 the Pennsylvania Municipalities Planning Code.[3]
PUBLIC NOTICE
A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC STREET
A vehicular and/or pedestrian right-of-way which has been adopted for perpetual maintenance by the Township or the Pennsylvania Department of Transportation.
PUBLIC UTILITY
A system providing distribution of potable water, gas, electric, telecommunications or cable TV services, or the collection, treatment and disposal of wastewater.
RESIDENTIALLY ZONED LOT
Any lot in the Conservation, Agricultural/Residential, Low Density Residential or Medium Density Residential Zone Districts.
RESIDENTIALLY RELATED STRUCTURE
A structure that is compatible with, supported by and generally found within or in close proximity to residential areas.
RESTRICTIVE COVENANT
An agreement between a developer and purchasers of lots or units in a plan, such agreement restricting the use of the lots or units but applying uniformly to all the lots or units, recorded with the plan, applicable for a specific time period, modified only upon approval of a majority of all the agreement signers, and not enforceable by the Township.
RETAIL FARMING SALES AND SERVICE
Retail sales and service uses, providing sales and service of equipment and products sold exclusively for use in normal farming operations.
RETIREMENT APARTMENT
Individual apartments for one or two parsons, not requiring constant medical supervision.
RIGHT-OF-WAY
A strip of land dedicated to and usually improved for vehicular and/or pedestrian travel for the public, as opposed to an easement, which is a strip of land dedicated for one or more public utilities or drainage and is not open to the public.
SATELLITE DISH
A parabolic reflector, together with its pedestal and other attachments, intended to receive radio or electromagnetic waves from an overhead satellite.
SCHEDULE OF FEES
The list of charges, adopted by resolution of the Board of Supervisors and not a part of this chapter, to cover the costs of administering the review, decision and/or appeal processes required for a development proposal, such costs to be borne by the developer, paid in advance, and subject to periodic revision by the Board.
SERVICING AREA
An area on a business lot set aside to maneuver and position trucks to load and unload products required or made by the business.
SETBACK
The minimum distance a building or structure must be removed from an adjacent lot line, as required by this chapter in the various zone districts. Distance between lot line and building shall be measured along a line at right angles to the lot line.
SEWAGE ENFORCEMENT OFFICER
An individual or organization licensed by the state and employed by the Township to review and take action on sewage disposal solutions located on individual lots.
SIGHT TRIANGLE
A horizontal triangular area across which an unobstructed view is available from one side to the other above a plane 30 inches higher than grade.
SIGN
Any device, placard or structure affixed to a building, structure or to the ground that uses any graphics, symbols or writing to visually communicate a message to the public.
SPECIAL EXCEPTIONS
A use permitted in a particular zoning district pursuant to the provisions of Article VI and Article IX of the Pennsylvania Municipalities Planning Code.[4]
STENOGRAPHIC RECORD
A verbatim transcription of testimony taken at a public hearing by a professional stenographer.
STORMWATER MANAGEMENT
The process of collecting, storing and releasing rain or snow runoff so as to minimize increased water levels downstream.
STRUCTURAL ALTERATIONS
Revisions to a building or structure that changes the dimensions of the exterior envelope or that changes the interior components that support the building or structure.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. The term "structure" includes buildings, sheds and swimming pools but does not include de minimis construction, such as sidewalks or mailboxes.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the 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.
TOWN OR ROW HOUSE
One of at least three but not more than eight attached dwellings, each with at least two means of egress directly to the outside, and with no part of one dwelling above or below another. A townhouse group is the connected dwellings in one building surrounded by open space.
TOWNSHIP ENGINEER
An individual or firm with expertise in civil engineering hired by the Township to advise on matters of land development and represent the Township's interests without conflicts created by other client relationships.
UNRELATED INDIVIDUAL
A person who is not related by blood, marriage or adoption to all the other persons occupying the same dwelling.
VARIANCE
Relief granted pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code.[5]
VIOLATION
A deviation from compliance with the terms of this chapter when a variance has not been granted and subject to the penalties provided for in this chapter.
YARD
The open space along the front, side and rear areas of a lot, between the lot lines and adjacent setback or building lines, the width of which is specified for each yard within each zoning district by this chapter. Development within yard areas is restricted.
YARD, FRONT
The area of a lot between the front lot line and front setback line the full width of the lot between the side lot lines.
YARD, REAR
The area of a lot between the rear lot line and rear setback lines, extending from the front to the rear yards.
YARD, SIDE
The area of a lot between the side lot lines and side setback lines extending from the front to the rear yards.
ZONING DISTRICT
A contiguous area of land on all parts of which the same uniform opportunities for development apply.
ZONING DISTRICT BOUNDARY
The perimeter line completely enclosing a zoning district.
ZONING HEARING BOARD
A body appointed by the Board of Supervisors to examine and decide requests for variances, appeals from decisions of the Zoning Officer, challenges to the validity of this chapter, and other issues specified in this chapter.
ZONING MAP
The plan of zoning districts for Franklin Township. The Official Zoning Map located in the Township office shows the current zoning district boundaries and supersedes all other zoning maps.
ZONING OFFICER
A person appointed by and responsible to the Board of Supervisors to enforce and administer the regulations of this chapter in accordance with its literal terms.
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 53 P.S. §§ 10601 et seq. and 10901 et seq., respectively.
[5]
Editor's Note: See 53 P.S. §§ 10601 et seq. and 10901 et seq., respectively.