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Freedom Township City Zoning Code

ARTICLE II

Terminology

§ 230-5 Word usage.

The following words are defined in order to facilitate the interpretation of this chapter for administrative purposes and in the carrying out of duties by appropriate officers and by the Zoning Hearing Board.
A. 
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated.
B. 
Words used in the present tense include the future tense.
C. 
The singular includes the plural.
D. 
The word "person" includes any individual or group of individuals, a corporation, partnership, or any other similar entity.
E. 
The word "lot" includes the words "plot" or "parcel."
F. 
The term "shall" is always mandatory.
G. 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

§ 230-6 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
The relinquishment of property or a cessation of the use of the property by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
ACCESSORY APARTMENT
An independent dwelling unit incorporated within an existing single-family detached dwelling without any substantial external modification.
ACCESSORY BUILDING
A building subordinate to and detached from the principal building on the same lot and used for purposes customarily incidental to the principal building. Such buildings may include utility sheds, bath houses, barns, stables, and garages.
ACT
The Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
ADULT BUSINESSES
An establishment consisting of, including, or having the characteristics of any or all of the following:
A. 
ADULT BOOKSTOREAn establishment having as a substantial portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
B. 
(1) 
An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas;
(2) 
A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
C. 
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
D. 
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
AGRIBUSINESS
Intensive agricultural uses that include, but are not necessarily limited to:
A. 
Slaughter areas;
B. 
Areas for the storage and processing of manure, garbage, or spent mushroom compost;
C. 
A poultry operation in excess of one animal unit per acre;
D. 
A swine operation in excess of 1.75 animal units per acre; and
E. 
All other livestock in excess of two animal units per acre.
AGRICULTURAL TOURISM
Recreation, entertainment, education, and tourism events and activities that are associated with and provide support for the ongoing conduct of agricultural operations on a farm or farm property.
AGRICULTURAL USE
The use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income including, but not limited to, the following:
A. 
Field crops, including barley, corn, hay, oats, potatoes, rye, sorghum, soybeans, and sunflowers.
B. 
Livestock, including dairy and beef cattle, game birds, goats, hogs, horses, poultry, sheep, and other animals, excluding dogs.
C. 
Livestock products, including butter, cheese, eggs, fur, honey, meat, and milk.
D. 
Horticultural and silvicultural products.
ALTERATIONS
As applied to a building or structure, any change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMENDMENT
A change in use in any district which includes revisions to this chapter text and/or the Official Zoning Map.
ANIMAL HOSPITAL
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.
ANIMAL UNIT
1,000 pounds live weight of livestock, regardless of the actual number of animals comprising the unit.
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 and operated by any person or entity licensed by the Federal Communications Commission to operate such devise. This definition does not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas.
AREA, GROSS
The gross land area of any parcel, including the area contained within the property line and the ultimate right-of-way line. The area within the right-of-way is computed as part of the "gross land area."
BANQUET HALL
A room, building, or business with the primary purpose of hosting parties, banquets, weddings, receptions, or other social events.
BASEMENT
That portion of a building that is partially or wholly below ground level. 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 is used for business or dwelling purposes, other than a game or recreation room.
BED-AND-BREAKFAST ESTABLISHMENT
A home occupation providing for compensation, sleeping accommodations, and breakfast for transient guests.
BILLBOARD SIGN
A permanent, off-premises, freestanding sign installed on a property by an entity other than the property owner, renter, or other occupant, and where the installing entity leases or rents said sign to another entity other than the property owner, renter, or other occupant.
BOARDINGHOUSE
A building arranged or used for the lodging, with or without meals, by either transient or permanent residents, for compensation. This definition includes rooming houses, lodging houses, and bed-and-breakfast establishments operated as a principal use.
BREWERY
An establishment where beer is produced and often served or sold commercially.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, or chattels, including covered porches, decks, and patios, whether enclosed or unenclosed, storage/utility sheds, sun parlors, bay windows, and chimneys, but does not include exterior steps.
BUILDING ENVELOPE
A three-dimensional space on which a structure is permitted to be built on a lot and which is defined by maximum height regulations and yard setbacks.
BUILDING HEIGHT
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.
BUILDING LINE
A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the exterior surface of a building or structure on any side. In the case of a cantilevered or projected section of a building, not greater than 12 inches, the vertical plane will coincide with the most projected surface. This line defines the required front, side, and rear yards.
BUILDING PERMIT
Written permission issued by the proper municipal authority for the construction, major repair, alteration, addition, or demolition to a structure, including stormwater management facilities.
BUILDING, PRINCIPAL
A building or, where the context so indicates, a group of buildings in or on which is conducted the principal use of the lot on which such building is located.
BUILDING SETBACK LINE
A line parallel to and the distance from a public or private street or an adjoining property line as specified in this chapter, which determines the minimum distance permitted between a building or structure and the street right-of-way line or adjoining property lines.
BUS PASSENGER STATION
Any premises for the loading and unloading of passengers other than school buses.
CAMPGROUND
A parcel of land used by campers for seasonal, recreational, or other similar temporary living purposes, in buildings of a movable, temporary, or seasonal nature, such as cabins, tents, or shelters.
CARPORT
A covered space, open on at least three sides, for the storage of one or more vehicles and accessory to a principal or accessory building.
CEMETERY
Land used or intended to be used for the burial of the deceased, including, but not limited to, columbarium, mausoleums, and mortuaries when operated in conjunction with the cemetery and within its boundaries.
CHILD/ADULT DAY CARE FACILITY
Any dwelling, building, or portion thereof in which child or adult day care services other than babysitting are provided, including any on-site outdoor play area. Child and adult day care facilities shall be further differentiated by the following three classifications.
A. 
FAMILY DAY CARE HOMEAny premises or dwelling unit, other than the home of the child or adult, where the day care areas are being used as a family residence, operated for profit or not for profit, in which day care is provided on a regular basis to a combined total of four to six children or adults per day, who are not relatives of the person giving care.
B. 
GROUP DAY CARE HOMEA facility in which care is provided for a combined total of more than six but fewer than twelve children or adults per day, other than the home of the child or adult, where the day care areas are being used as a family residence. (This definition shall include such facilities caring for more than 12 persons, provided that the Pennsylvania Department of Human Services has granted a special exception under the Department's group day care facility regulations.)
C. 
DAY-CARE CENTERA facility which provides care for a combined total of seven or more children or adults per day, where the child or adult care areas are not being used as a residence.
CIDERY
An establishment where hard cider is produced and often served or sold commercially.
CLUB and/or LODGE
A building and/or structure utilized as a private club offering food and/or drink privileges.
CLUSTER DEVELOPMENT
A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional development or increase in the overall density of development, excepting that provided through bonus provisions. The remaining land area is devoted to open space, recreation, preservation of environmentally sensitive areas, or agricultural purposes.
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 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.
COMMUNITY SEWER SYSTEM
Any sanitary sewer collection and treatment system, whether public or privately owned which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation in a subsurface absorption area or retention in a retaining tank. Said system must be approved and permitted by the Pennsylvania Department of Environmental Protection.
CONSERVATION AREA
Environmentally sensitive areas with characteristics such as steep slopes, wetlands, floodplains, high-water tables, forest areas, endangered species habitat, dunes, or areas of significant biological productivity or uniqueness that have been designated for protection from any activity that would significantly alter their ecological integrity, balance or character.
[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]
CONVENIENCE STORE
Any retail establishment offering for sale prepackaged food products, household items, energy products, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
COTTAGE INDUSTRY
A home-based business which does not meet the definition of a "no-impact home-based business."
COVERAGE
That portion or percentage of the lot area covered by impervious materials.
DAY-CARE CENTER
Any dwelling, building, or portion thereof in which child or adult day care services other than babysitting are provided, including any on-site outdoor play areas.
DENSITY
A term used to express the allowable number of dwelling units per acre of land. Net density is the number of dwelling units per net acre. Gross density is the number of dwelling units per gross acre.
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 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 chapter, shall mean the written and graphic materials referred to in this definition.
DISPLAY AREA
An outdoor area of a tract utilized for purposes of displaying articles for sale as part of a retail establishment, such as the display of nursery stock, vehicular sales, and farm equipment sales.
DISTILLERY
An establishment where liquor is produced and often sold or served commercially.
DWELLING
A building or a portion thereof designed for and used exclusively for residential occupancy.
A. 
CONVERSION APARTMENTAn existing dwelling unit that is or was converted to a dwelling for more than one family, without substantially altering the exterior of the building.
B. 
INDUSTRIALIZED HOUSINGAny structure which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation, or assembly and installation on the building site, in such a manner that all concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage, or destruction.
C. 
MOBILE HOMEA transportable, single-family detached 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.
D. 
MULTIFAMILYA building used by three or more families living independently of each other and doing their own cooking, such as apartment houses.
E. 
SINGLE-FAMILY DETACHEDA building used by one family, having only one dwelling unit and two side yards.
F. 
SINGLE-FAMILY ATTACHEDA building containing at least three but not more than six dwelling units, attached side by side by the use of a common wall, with end units having a side yard, such as a townhouse.
G. 
SINGLE-FAMILY, SEMIDETACHEDA building used by one family, having one side yard and one party wall common with another dwelling.
H. 
TWO-FAMILY DETACHEDA building used by two families, with one dwelling unit arranged over the other and having two side yards.
I. 
ZERO LOT LINEA single-family detached dwelling with the building positioned on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
EASEMENT
A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
ELDER CARE FACILITY
A facility providing services which may include health care, physical therapy, food and lodging, support services and accessory uses. This definition includes personal care facilities, skilled care facilities, independent living arrangements, and other forms of congregate housing facilities serving the elderly or handicapped.
ENVIRONMENTALLY SENSITIVE AREA
An area with one or more of the following environmental characteristics:
A. 
Slopes over 25%;
B. 
Floodplain;
C. 
Soils classified as highly erodible, subject to erosion, or highly acidic as identified within the Soil Survey of Adams County, Pennsylvania;
D. 
Wetlands;
E. 
Mature forest.
FAMILY
A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
FARM
A tract of land of at least 10 acres in size, which is principally used for agricultural activities, such as the production of cash crops, livestock or poultry farming. Such farms may include a farm dwelling and accessory uses, buildings, and structures.
FARM MARKET
An establishment located on a farm or other property where agricultural operations are conducted and providing for the sale of horticultural and agricultural products or agriculturally-related products that are either produced on the farm or are directly related to agricultural products produced within Adams County or surrounding counties.
FARM STAND
A booth or stall under 1,000 square feet in size on private property from which agricultural products produced on said property are sold to the general Public.
FARM WORKER HOUSING
A dwelling unit or dwelling units located on a farm and occupied by persons who are employed on said farm or occupied by families with at least one family member who is employed on said farm.
FARM-RELATED OCCUPATIONS
A business accessory to and operated on a farm.
FINANCIAL ESTABLISHMENT
Establishments such as banks and savings and loans, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, lessors, lessees, buyers, sellers, agents, and developers of real estate.
FITNESS CENTER
An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation and is further defined and regulated by Chapter 101, Floodplain Management, of the Code of Freedom Township, as amended.
FLOOR AREA
The sum of the gross horizontal areas of the floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not used as primary living and sleeping quarters, but including the area of roofed porches and roofed terraces (gross floor area). All dimensions shall be measured between exterior faces of walls.
FLOOR AREA, NET RETAIL
All that space relegated to use by the customer and the retail employee to consummate retail sales, including display areas used to indicate the variety of goods available for the customer, but not to include office space, storage space, and other general administrative areas.
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.
FUNERAL HOME
A building used for the preparation of the deceased for display prior to burial and associated rituals.
GARAGE, PRIVATE
An enclosed or covered space for the storage of one or more vehicles or vessels, provided that no business, occupation, or service is conducted for profit therein, nor space herein for more than one vehicle or vessel is leased to a nonresident of the premises.
GARAGE, PUBLIC
Any structure, other than a private garage, which is used for storage of motor vehicles for compensation.
GOLF COURSE
A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse, dining facilities, pool, tennis courts, and shelters.
GOVERNING BODY
The Freedom Township Board of Supervisors, Adams County, Pennsylvania.
GROUP CARE FACILITY
A facility providing shelter, counseling, and other rehabilitative services in a family-like environment for more than nine but fewer than 15 residents, plus such minimum supervisory personnel, as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimal level of supervision but do not require medical or nursing care or general supervision. A group care facility must be licensed and/or approved by the Pennsylvania Department of Human Services.
GROUP HOME
A facility providing shelter, counseling, and other rehabilitative services in a family-like environment for periods of over one year per occupant, with such supervisory personnel as required by the licensing agency. Such facilities may provide supervisory and rehabilitative services, but medical care or nursing supervision shall not be provided, and they must not meet the definition of a "halfway house."
HALFWAY HOUSE
A use (other than a prison or a permitted accessory use in a hospital) providing housing facilities for periods of less than one year per occupant for persons who need specialized medical, psychological, behavioral, or addiction treatment and/or counseling for stays of less than one year and who need such facilities because of:
A. 
Criminal rehabilitation, such as a criminal halfway house or a treatment/housing center for persons convicted of driving under the influence of alcohol.
B. 
Addiction to alcohol and/or a controlled substance.
C. 
A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a local inventory of historic places, at either the county or Township level, that has been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior.
HOME OCCUPATION
A business conducted within a dwelling or a single building accessory to the dwelling by the inhabitants thereof and which is clearly incidental and subordinate to the primary residential use of the property.
HORTICULTURE
Activities or practices related to garden cultivation or management.
HOSPITAL
An institution, licensed in the commonwealth as a hospital, which renders inpatient and outpatient medical care for a twenty-four-hour-per-day basis and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. This definition does not include an animal hospital.
HOTEL
A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
HYDRIC SOILS
A hydric soil is a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation [US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) 1985, as amended by the National Technical Committee for Hydric Soils (NTCHS) in December 1986].
IMPERVIOUS MATERIAL
Any substance placed on a lot which covers the surface in such fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, driveways and parking areas, swimming pools, and other nonporous structures or materials.
INDOOR RECREATIONAL FACILITY
Any establishment which provides recreation, amusement, or entertainment for the general public within a completely enclosed structure for a fee or admission charge, including but not limited to theaters, dance halls, bowling alleys, billiard and pool halls, amusement arcades, and spas or health clubs where the principal use includes a gymnasium, exercise room, swimming pool, or other sports facility.
JUNKYARD
A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal, or reclaimable material, or for the collection, dismantling, storage, and salvaging of machinery or two or more unregistered, inoperable motor vehicles, or other types of junk. Two or more unregistered and/or inoperable farm vehicles/equipment, utilized solely for on-site replacement parts by the owner of the farm shall not be considered a junkyard.
KENNEL
A structure on any lot on which animals (except livestock, horses, or poultry) are kept, boarded, raised, bred, treated, or trained for a fee, including but not limited to dog or cat kennels. For the purpose of this definition, the production of more than two litters in any calendar year shall be considered breeding.
LANDFILL
A disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternative layers of specified depth in accordance with an approved plan. Such use shall not include the disposal or processing of hazardous or radioactive materials.
LANDOWNER
The legal or beneficial owner or owners of land including the holder, or 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 persons having a proprietary interest in land.
LOADING BERTH/SPACE
An off-street area on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on a street or other appropriate means of access.
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 usable area contained within the property lines of a lot excluding any street right-of-way, easement, floodplain, wetland area, stormwater management basin or pond located on the lot.
LOT OF RECORD
A lot which has been recorded in the Office of the Recorder of Deeds of Adams County, Pennsylvania.
LOT WIDTH
In the case of an interior lot, lot width shall be the horizontal distance measured at the minimum building setback line between the side lot lines. In the case of a corner lot, lot width shall be the horizontal distance measured at the minimum building setback line between each front lot line and its opposite side lot line. Such distance shall be measured along a straight line which is at right angles to the axis of a lot.
MANUFACTURING
The processing and/or converting of raw unfinished or finished materials or products, or of any combination, into an article or substance of a different character, or for use for a different purpose; industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
MATURE FOREST
An area of plant material covering one acre or more and consisting of 30% or more canopy trees having a sixteen-inch or greater caliper, or any grove consisting of eight or more trees having an eighteen-inch or greater caliper. Trees shall be measured at 4.5 feet from ground level.
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in Pennsylvania Act 16 of 2016.
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processors and/or dispensaries.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana.
MEDICAL MARIJUANA DISPENSARY FACILITY
An indoor, enclosed, permanent, and secure building from which a medical marijuana dispensary may dispense medical marijuana.
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana.
MEDICAL OFFICE OR CLINIC
Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health care practitioners, medical and dental laboratories, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, with separate entrances, and designed for year-round occupancy, primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, tourist cabins, motor lodges, and similar terms.
MUNICIPAL FACILITY
Any building, structure, or use of land by Freedom Township or a municipal authority/commission created by the Freedom Township Board of Supervisors.
NET ACREAGE
Net acreage is that land area remaining upon the exclusion of any portions of the tract located within existing and proposed rights-of-way, environmentally sensitive areas and those areas designated for nonresidential uses, including, but not limited to, limited neighborhood commercial areas and common open space.
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.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of 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.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the application of this chapter or amendment to its location by reason of annexation.
ON-SITE WATER SERVICE
On-site water service is a potable supply of water used for consumption by a single-family user from a private well.
OPEN SPACE
The unoccupied space open to the sky on the same lot with the building, not including parking lots.
PARENT TRACT
When used in determining the maximum number of lots which may be subdivided, or dwellings or other principal nonagricultural buildings erected in the Agricultural District, all contiguous land held in single and separate ownership, regardless whether such land is divided into one or more lots, parcels, purparts or tracts; whether such lands were acquired by the landowner at different times or by different deeds, devices, petitions, or otherwise; whether such land is bisected by public or private streets or rights-of-way, which was held by the landowner or his predecessor in title prior to the adoption of this chapter.
PARTY WALL
A common shared wall between two separate structures, buildings, or dwelling units.
PLACE OF WORSHIP
A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses.
PLANNED COMMUNITY DEVELOPMENT (PCD)
A form of development that permanently preserves 40% of the tract in an open space system; encourages the development of a town center; encourages provision for elder care facilities and utilizes residential cluster design principles.
PLANNED SHOPPING CENTER
A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements, and landscaping and signage in accordance with an approved plan.
PLANNING COMMISSION
The Planning Commission of Freedom Township, Adams County, Pennsylvania.
PRIVATE OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for private use or enjoyment of owners, occupants, and their guests. Private golf courses shall be considered private open space.
PROFESSIONAL OCCUPATION
The practice of a profession by any professional, including, but not limited to, attorney, physician, surgeon, osteopath, chiropractor, dentist, optician, optometrist, chiropodist, engineer, surveyor, architect, landscape architect, planner, or similar type, entitled to practice under the laws of the Commonwealth of Pennsylvania.
PUBLIC GROUNDS
Public grounds include the following:
A. 
Public parks, playgrounds, trails; paths, other recreational areas, and other public areas;
B. 
Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities; and
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board of Supervisors intended to inform and obtain public comment, prior to taking action in accordance with the Act.
PUBLIC MEETING
A forum held pursuant to notice under the Act of October 15, 1998 (P.L. 729, No. 93), known as the "Sunshine Act," 65 Pa.C.S.A. § 701 et seq.
[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]
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 UTILITY FACILITIES
Public utility transmission and distribution facilities including substations and the like.
PUBLIC WATER SYSTEM
A potable supply of water subject to either the Pennsylvania Public Utility Commission jurisdiction or other appropriate regulating agency.
RECREATION, ACTIVE
Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields.
RECREATION, PASSIVE
Recreation activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, chess, checkers, and similar table games.
RECYCLING CENTER
A facility employing a technology known as a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. This term does not include such facilities as transfer stations, municipal waste landfills, composting facilities, resource recovery facilities, or junkyards.
RETAIL SALES
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETREAT
A facility owned and operated by a nongovernmental entity for the purpose of providing a rural setting in which temporary lodging, camping and/or conferences, meeting, and event facilities are provided with or without compensation.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, and other similar uses; generally, the right of one to pass over the property of another.
RURAL EVENTS VENUE
An establishment that is leased on a temporary basis for private functions, including but not limited to banquets, weddings, receptions, business and organizational meetings, and other similar functions. Such establishments may include kitchen facilities, areas for dining and entertainment, and temporary lodging.
SCHOOL
Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania.
SELF-SERVICE STORAGE FACILITY
A structure intended for lease for the sole purpose of storing household goods, motor vehicles, or recreational equipment.
SIGN
Any permanent or temporary structure, or part thereof, or any device attached, painted, or represented directly or indirectly on a structure or other surface that displays or includes any letter, word, insignia, flag, or representation used as, or which is used in the nature of an advertisement, announcement, visual communication, or direction, or is otherwise designed to attract the eye or bring the subject to the attention of the public.
A. 
CONTRACTOR SIGNA temporary, on-premises, freestanding sign placed on the property during periods of time when a contractor is participating in a construction project on the property.
B. 
DEVELOPMENT ANNOUNCEMENT SIGNA temporary on-premises sign, either freestanding or attached, erected at or near the primary entrance to a commercial, industrial, or residential development, or similar facility, and placed on the property during periods of time when a development is initially offered for sale, rent, or other occupation.
C. 
FLAGA permanent, on-premises, freestanding or attached sign, make of a flexible material, such as cloth, and mounted either on a solid pole or affixed to another structure. Does not include government flags or comparable official insignias.
D. 
GARAGE SALE SIGNA temporary on-premises sign, either freestanding or attached, placed on the property during periods of time when the short-term sale of personal goods by the occupant is being conducted. Garage sale signs includes signs for yard sales.
E. 
GOVERNMENT SIGNA sign placed by a governmental unit and designed to identify a governmental use, property, or purpose. Includes, but is not limited to, traffic signs, street signs, and signs identifying governmental offices and facilities.
F. 
HOME OCCUPATION SIGNA sign placed at the location of a residential property containing a home occupation.
G. 
INCIDENTAL SIGNA permanent on-premises sign, either freestanding or attached, that provides information regarding a property or use of a property, and that includes no commercial message or logo. Includes, but is not limited to, signs conveying message such as "enter," "open," "closed," "rest rooms," "no trespassing," "warning," hours of operation, accessible parking spaces, and similar messages.
H. 
OFF-PREMISES DIRECTIONAL SIGNA temporary, off-premises sign, either freestanding or attached, that is placed on a property or properties nearby to a property upon which a special event is scheduled to occur.
I. 
PUBLIC/SEMIPUBLIC USE SIGNA permanent on-premises sign, either freestanding or attached, and placed on a property where public or semipublic uses or entities perform public or semipublic services in accordance with applicable governmental regulations. Includes signs for schools, parks, fire stations, police stations, churches, service clubs, public utilities, and telephone companies.
J. 
REAL ESTATE SIGNA temporary on-premises sign, either freestanding or attached, placed on a property during periods of time when the property is offered for sale, rent, or other occupation.
SIGN AREA
The entire area within a single continuous perimeter enclosing all elements of a sign, which form an integral part of the display, including the perimeter border, and calculated in the manner prescribed in this chapter.
SIGN HEIGHT
A measurement of the distance from the average grade below the sign to that portion of the sign the furthest distance from the ground.
SOLAR ENERGY SYSTEM
A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating.
SOLAR FARM
A solar panel or array composed of multiple solar panels on ground-mounted rack or poles which are one of the primary use(s) for the parcel of land on which it is located, or any solar energy system that has a primary purpose for wholesale or retail sale of generated electricity, or occupies greater than 21,780 square feet, or 1/2 acre of surface area.
SPECIAL EVENTS
An event defined and in accordance with Chapter 177, Special Events, of the Code of Freedom Township, as amended. There shall be a maximum of two special events on any parcel of property in a calendar year.
STEEP SLOPE
Land area where the inclination of the land's surface from the horizontal plane is greater than 15%.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. Fences are excluded from this definition
STUDIO
A building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for radio or television broadcasting.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
SURFACE MINING
The extraction of minerals from the earth, from waste or stockpiles, or from pits, or banks, by removing the strata or material that overlies or is above or between them or otherwise exposing and retrieving them from the surface; including, but not limited to, stripping of topsoil, strip mining, auger mining, dredging, quarrying, and leaching, and all surface activity connected with surface or underground mining; including, but not limited to, exploration, site preparation, entry, tunnel, drift, slope, shaft and borehole drilling, and construction and activities related thereto; but it does not include those mining operations carried out beneath the surface by means of shafts, tunnels, or other underground mine openings.
SWIMMING POOL
A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used, and maintained for swimming and bathing.
TASTING ROOM
A building, or part thereof, designated for the promotion of hard cider, wine, mead, or other similar spirits produced by a winery, cidery, brewery or distillery of the tasting room's proprietor, by providing samples of such cider or wine to the public and for the sale of such spirits at retail for consumption on the premises and for sale in closed packages for consumption off the premises.
TEMPORARY USE
A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
THEATER
A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.
USE
The specific purpose for which land or a building is designated, 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.
A. 
PERMITTED USESACCESSORY USE — A use customarily incidental and subordinate to the principal use of the main building or land and located on the same lot with such principal use or main building.
B. 
PERMITTED USESBY RIGHT — A use permitted in a particular zoning district upon showing that such use in a specified location will comply with the district regulations for the location or operation of the use as specified and authorized in this chapter.
C. 
PERMITTED USESCONDITIONAL USE — A use permitted in a particular zoning district upon showing that such use in a specified location will comply with all conditions and standards for the location or operation of the use as specified in this chapter and authorized by the Freedom Township Board of Supervisors.
D. 
PERMITTED USESSPECIAL EXCEPTION — A use permitted in a particular zoning district pursuant to express standards and criteria.
USE PERMIT
A certificate issued and enforced by the Zoning Officer upon completion of the construction of a new building, structure, or development of a land area; or upon a change or conversion of a structure, use of a building, or land area which certifies that all requirements, regulations, and other applicable requirements, have been satisfied.
VACATION RENTAL
A structure being rented for less than 30 days without concurrently being occupied by the owner/operator where the short-term lodging is provided for compensation.
VARIANCE
Relief granted pursuant to the provisions of this chapter.
VEHICLE GARAGE
A building on a lot designed and/or used primarily for mechanical repairs, storage, rental, or servicing for automobiles, trucks, or similar motor vehicles.
VEHICLE SALES ESTABLISHMENT
The use of any building, land area, or the premise for the display, sale, and leasing of new or used automobiles, trucks or vans, trailers, or recreational vehicles, including boats and motorcycles, and including any warranty repair work and other repair service conducted as an accessory use.
VEHICLE WASH
A building on a lot, designed and used primarily for the washing and polishing of vehicles and which may provide accessory services.
VEHICULAR BODY SHOP
Any structure or any building or part thereof, that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories of automobiles and other vehicles of conveyance.
WETLAND
Those areas inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil. These areas generally include swamps, marshes, bogs, and similar areas.
WINERY
An establishment where wine, mead, or similar spirits are produced. Production includes, without limitation, crushing, fermenting, blending, aging, barrel and bottle storage, bottling, administrative office functions, and warehousing.
WIRELESS TELECOMMUNICATIONS FACILITY
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics, and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications service.
YARD
An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of the required yard shall be measured as the shortest distance between the structure and the lot line or street right-of-way line or, in the case of a street which is not dedicated to the Township, form the edge of the cartway.
A. 
FRONT YARDThe yard between a structure and a street right-of-way line and extending the entire length of the street right-of-way line. In the case of a corner lot, the yards extending along all street right-of-way lines are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all street right-of-way lines are front yards.
B. 
REAR YARDThe yard between a structure and the rear lot line and extending the entire length of the rear lot line. In the case of a corner lot, the yard opposite from and parallel to the street on which the structure fronts shall be considered the rear yard. In the case of an irregularly shaped lot, the rear yard shall be measured from that point where a line 10 feet in length can be drawn between two lot lines, which ten-foot line is parallel to the right-of-way line of the street upon which the structure fronts.
C. 
SIDE YARDA yard between a structure and a side lot line, extending from the front yard to the rear yard; in the case of a corner lot, the yard which is not a front yard or a rear yard.
ZONING
The designation of specified districts within a community reserving them for certain uses together with limitations on lot size, heights of structures, and other stipulated requirements.
ZONING MAP
The Map setting forth the boundaries of the zoning districts of the Township which shall be a part of this chapter.
ZONING OFFICER
The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.
ZONING PERMIT
A permit, stating that the purpose for which a building and/or structure or land is to be used, is in conformity with the uses permitted and all other requirements under this chapter for the district in which it is or will be located.
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Editor's Note: See 53 P.S. § 10101 et seq.