As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDINGA subordinate building, incidental to, and located on the same lot as, the principal building, and used for an accessory use.
ACCESSORY USEA use incidental to, and subordinate to and located on the same lot occupied by the principal use to which it relates.
AGRICULTURAL SERVICESBusinesses selling goods or services to a substantially agricultural clientele, including: feed mills, seed sales, feed grinding services, and agricultural implement dealers.
AGRICULTUREAny agricultural use, including farming, dairying, pasturage, agriculture, aquaculture, horticulture, floriculture, viticulture, horse keeping, animal and poultry husbandry, and forestry (including the harvesting of timber), but excluding specialized animal raising and care or dog kennels as defined by this chapter. Agriculture also includes the home sale of fruits, meats, vegetables and similar agricultural produce. Animal raising for personal use is permitted in accordance with the following:
A. The minimum lot area shall be 1 1/2 acres in size;
B. One hooved animal shall be allowed per acre on lots under 10 acres;
C. The land area used by the animals shall be completely enclosed by a fence located up to but not on the property line;
D. Stable facilities must be separate from dwellings and located not closer than 50 feet from the property line;
E. Household pets are not included in this definition.
AREAArea of a lot or site shall be calculated from dimensions derived by horizontal projections of the site.
BASEMENTA floor level completely below grade or floor level in which more than 2/3 of the perimeter walls are below grade. A wall shall be considered below grade where the dimension from the first floor line to the finished grade is five feet or less, and the slope of the finished grade extending 10 feet from the building walls does not exceed 30°.
BED-AND-BREAKFASTA single-family residence offering, for pay, overnight or short-term lodging and breakfast for transient guests. This includes rooming houses.
BILLBOARDA sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
BUILDINGA roofed structure, whether or not enclosed by walls, to be used for the shelter, enclosure or protection of persons, goods, materials or animals.
BUILDING OR SETBACK LINEImaginary line parallel to or concentric with the nearest road right-of-way line. No portion of a building foundation or wall may extend nearer the lot line than the required front yard depth.
BUSINESS SERVICEAny business activity that renders service to other commercial or industrial enterprises.
CARTWAYA portion of a road street or highway actually intended for vehicular travel.
CAR WASHAn area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.
CEMETERYLand used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
CHURCHA place of religious instruction or public worship.
COMMERCIAL RECREATION, INDOORA facility that offers various indoor recreational opportunities for its patrons (paying or nonpaying), including such games as pool, billiards, bowling, video games, and similar pursuits.
COMMERCIAL RECREATION, OUTDOORA facility which offers various or outdoor recreational or spectator opportunities for its patrons (paying or nonpaying), including go-cart raceways, paintball areas, commercial outdoor shooting ranges, auto raceways, concerts and music parks, and similar pursuits.
CONDITIONAL USEA use to be allowed or denied by the Board of Supervisors pursuant to public notice and hearing and recommendations by the Girard Township Planning Commission and pursuant to the express standards and criteria set forth in this chapter. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Planning Code and of this chapter.
CONDOMINIUMA building or group of buildings in which the floor area is owned individually and other parts of structures, common areas, or facilities are owned proportionally or by a separate entity, or similar arrangements regulated by the Uniform Pennsylvania Condominium Act (68 Pa.C.S.A. § 3101 et seq.).
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
COVERAGEThe percentage of a lot covered by buildings, structures, parking lots, driveways, or similar impervious surfaces, measured as square feet divided into lot area.
DAY-CARE SERVICES FOR CHILDREN (DAY CARE)A. Provides out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives and excluding day care furnished in places of worship during religious services. This chapter identifies three levels of day-care services for children:
(1) FAMILY DAY-CARE HOMESFacilities in which child day care is provided at any one time to four, five, or six children who are not relatives of the care giver.
(2) GROUP DAY-CARE HOMESFacilities in which care is provided for more than six but less than 12 children, at any one time, where the child-care areas are being used as a family residence. (Care of one to 12 children where the child-care areas are not used as a family residence will be considered a day-care center.)
(3) DAY-CARE CENTERSFacilities in which care is provided for seven or more children, at any one time, where the child-care areas are not used as a family residence.
B. Child care for less than four children will not be considered as day-care services. Day care for adults shall be considered substantially the same use, and shall be classified based upon the number of persons for whom care is provided.
DOG KENNELAny facilities identified and licensed as a kennel by the laws or regulations of Pennsylvania. Dog kennels shall be considered by this chapter as a form of specialized animal raising and care.
DWELLINGA building arranged, intended, designed or used as the living quarters for one or more families living independently of each other upon the premises The term "dwelling" shall not be deemed to include "hotel" or "motel." There shall be no more than one dwelling per lot.
B. TWO-FAMILY DWELLINGA building containing two dwelling units, collectively defined under this chapter as a duplex, regardless of configuration.
C. MULTIFAMILY DWELLINGA building containing three or more dwelling units, including apartment houses, townhouses, flats, and garden apartments.
DWELLING UNITA building or portion thereof containing one or more rooms for living purposes together with separate and exclusive cooking and sanitary facilities, accessible from the outdoors either directly or through an entrance hall shared with other dwelling units, and used or intended to be used by one family.
EATING AND DRINKING PLACESA business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health and safety or general welfare, but not including buildings.
EQUIPMENT SALES AND SERVICEBusinesses involved in the sale, rental, or servicing of motor vehicles or machinery not necessarily intended for registration, licensing, and travel on highways, including those used for agriculture, forestry, and construction.
FAMILYAn individual, or two or more persons related by blood, marriage, adoption or foster child care, including domestic servants or gratuitous guests thereof, or a group of not more than four unrelated persons living together without supervision in a dwelling unit; or any number of persons protected by the provisions of the Fair Housing Act (42 U.S.C. § 3601 et. seq., as now or hereafter amended) living together in a group living arrangement with supervision, provided those persons do not have a criminal record. Family shall not include persons living together in a group home, assisted living facility, or nursing home, as defined herein, or any other supervised group living arrangement for persons other than those protected by the Fair Housing Act or persons who constitute a direct threat to others or their physical property.
FLEA MARKETA business which leases outdoor space to persons who wish to vend a variety of new and used goods for sale to the general public by displaying those goods on tables, in or on motor vehicles, or on the ground.
FLOOR AREAThe sum of the gross area of the several floors of a building or buildings measured from the face of the exterior walls, or from the center line of the walls separating two buildings.
GASOLINE SERVICE STATIONAn area of land, together with any structure thereon used for the retail sale of motor fuel and lubricants and incidental services, such as lubrication and washing of motor vehicles, and the sale, installation or minor repairs of tires, batteries or other automobile accessories.
GOLF COURSELand for playing the sport of golf, consisting of a minimum of nine holes, but excluding miniature golf, par-three golf, pitch and putt, and similar golf-associated activities except as accessory uses on a golf course.
GROSS FLOOR AREA (GFA)The total floor area for which the tenant pays rent and that is designed for the tenant's occupancy and exclusive use.
HALFWAY HOUSEA transitional residential facility, licensed and operated by a government or social service agency, that provides a supervised environment to residents who require psychiatric, correctional or behavioral treatment between periods of institutional and independent living.
HEIGHT OF BUILDINGThe vertical distance measured from the highest level of finished grade along all the exterior walls of the building to the highest point of the roof and to the highest point on any structure which rises wholly or partly above the roof.
HOME OCCUPATIONA personal or professional service carried on entirely within a dwelling, by the owner or occupants thereof, which use is clearly incidental and subordinate to the use of the dwelling for dwelling purposes and does not change the residential character thereof. Examples include, but are not limited to: professional services, such as legal, financial, accounting or engineers, barbershops and beauty shops, studios of artists, writers and associations. (See "professional office.")
HOSPITALAn institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities.
INDUSTRY, HEAVYThe manufacture, storage, processing, and treatment of materials which are potentially hazardous, or processes which produce significant amounts of smoke, noise, glare, or dust or odor as a primary or secondary effect of the principal use of the land or buildings. Heavy industries include, but are not limited to, foundries, blast furnaces, rolling, or stamping mills, smelting or ore facilities and similar primary metal processes; petroleum, gas or natural gas distillation or bulk storage facilities; power plants for the production of electricity (whether by wind, natural gas, coal, other combustibles, or cogeneration); storage facilities for manufacture explosives, acid, and fertilizer; manufacturing processes involving hides or offal; cement manufacturing facilities; washing and gravel separation; lime manufacturing, chemical treatment of wood or production of fiberboard, or plywood, and similar uses.
INDUSTRY, LIGHTManufacturing in which there are no significant impacts from noise, dust or odor, and impacts are limited to secondary effects related to vehicular traffic, incidental noise, movement of materials. Light industries include, but are not limited to: food processing; wood products manufacturing (without chemical treatment); production of machine tools and similar metalworking; manufacturing of plastic products; laboratories, testing and research facilities; printing; pharmaceuticals production; and similar facilities for assembling and fabricating.
JUNKAny discarded material or article, and shall include, but not be limited to, scrap metal, scrapped or abandoned motor vehicles, machinery, equipment, paper, glass, containers and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal. For the purpose of this chapter, a "proper container" shall mean a solid plastic or metal container, with a sealable lid, specifically designed for the storage of waste matter.
JUNKYARDAny place where any junk is stored, disposed of, or accumulated. This definition shall include recycling centers, recycling yards, and salvage businesses and the storage of four vehicles lacking current inspection or registration for a period exceeding 10 days. However, it does not include municipal recycling centers where no materials are stored in an exterior environment.
LIMITED RETAIL BUSINESSSmall-scale retail enterprises intended to benefit neighborhood residents or tourists. Limited retail businesses are distinguished from other retail businesses by smaller size (less than 5,000 square feet gross floor area).
LOTA tract or parcel of land, regardless of size, held in single or joint ownership, which is occupied or capable of being occupied by buildings, structures, and accessory buildings, including such open spaces as are arranged, designed or required. The term "lot" shall also mean "parcel," "plot," "site," or similar term.
LOT, CORNERA lot at the point of intersection of and abutting on two or more intersecting streets.
LOT LINEAny line dividing a lot from another lot or from an abutting street or other right-of-way.
MINI-STORAGE FACILITIESA building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARKA parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
MOTELA building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. The definition includes hotels, motor lodges and similar uses.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with residential use.
A. The business or commercial activity must satisfy the following requirements:
(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) The business shall employ no employees other than family members residing in the dwelling.
(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) There shall be no outside appearance of a business use, including, but not limited to, parking signs or lights.
(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 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.
(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) The business may not involve any illegal activity.
B. If the business meets all such requirements, it shall be considered a lawful accessory use to a dwelling.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this chapter or an amendment 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 USEA use, whether of land or structure, which does not comply with the applicable use provisions of this chapter or amendment hereafter enacted, where such use was lawfully in existence 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.
NURSING HOMEA facility to give long-term skilled care to geriatric or handicapped patients and licensed as such a facility by the Commonwealth of Pennsylvania.
PARKING SPACEAn open space with a dustless all-weather surface, or space in a private garage or other structure, with an effective length of at least 20 feet and a uniform width of at least 10 feet for the storage of one automobile and accessible from a public way.
PATIOA level area at finished grade, surfaced with concrete, stone, or brick, immediately adjacent to a structure. Patios shall not require a Township building permit unless they are furnished with an overhead roof, railings, or are more than three inches above the surrounding finished grade.
PERSONAL CARE HOMEA facility giving geriatric care in a home-like setting and licensed as such by the Commonwealth of Pennsylvania.
PERSONAL SERVICESAny enterprise conducted for man which primarily offers services to the general public, such as: shoe repair, valet services, watch repairing and related activities.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning.
PLANNING CODEThe Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by Act No. 170 of 1988 and Acts 67 and 68 of 2000, and as further amended from time to time.
PROFESSIONAL OFFICEThe office or studio of a physician, surgeon, dentist, lawyer, architect, artist, engineer, certified public accountant, real estate broker or salesman, insurance broker or agent, musician, teacher, barber shop, cosmetologist or similar occupation.
PUBLIC PARKS and PLAYGROUNDSParks and playgrounds that are owned and operated by the Township of Girard or by an authority created for such purposes by the Township of Girard or any government agency.
RECREATIONAL CAMPGROUNDAn area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational vehicles.
RIGHT-OF-WAYThe portion of a road, street or highway that includes the entire area in which the body granted the right-of-way may conduct activities to maintain travel.
ROADSIDE STANDAn accessory to an agricultural business through which products primarily from that agriculture business are sold to the general public from a temporary or portable structure, or a permanent structure not exceeding 1,000 square feet.
ROOMING HOUSEA dwelling having five or more sleeping rooms for rent to persons not related to its other occupants. The term "rooming house" includes the term "boardinghouse."
SCREENINGA disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste at the end of each operating day.
SCREENINGA fence, screen planting, or wall provided in such a way that it will block a line of sight.
SCREEN PLANTINGAn evergreen hedge at least six feet high at time of planting, planted in such a way that it will block a line of sight. The screening may consist of either one or multiple rows of bushes or trees and shall be at least four feet wide. It shall be the responsibility of the property owner to maintain a screen planting, replacing trees as needed. The Zoning Administrator may require replacement of screening trees.
SERVICE STATIONBuildings and premises where the primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires and motor vehicles.
SEXUALLY ORIENTED BUSINESSBusinesses that require a license and meet the definitions contained in Chapter
67, Adult Uses, of the Code of the Township of Girard.
SHOPPING CENTERA commercial facility developed as a mixture of uses, including retail sales, theaters, personal services and eating and drinking places, but planned, constructed, managed or promoted as an integral whole.
SIGNA. Any freestanding structure, or attachment to a building, wall, or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model or other representations used for announcement, direction, advertisement or identification. The word "sign" includes the word "billboard," but does not include the flag, pennant, or insignia of any nation, state, city or other political unit, nor public traffic or directional signs, nor religious or devotional displays. (See also "billboard.")
B. The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background, which is incidental to the display itself. Where the sign consists of individual letters or symbols attached to or painted on a surface, the area shall be considered the smallest rectangle which can be drawn to encompass all of the letters and symbols.
SIGN, BUSINESSA sign that directs attention to a business, profession or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises upon which it is displayed.
SPECIALIZED ANIMAL RAISING AND CAREA. Includes:
(1) Feed lots or similar institutions where cattle, sheep, goats, or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market, when the density exceeds one animal unit per acre.
(2) Pens or structures for the raising and care of fur-bearing animals, game birds, or similar operations for profit, when the density exceeds one animal unit per acre.
(3) Licensed kennels or kennels with five or more canines per acre of greater than six months of age.
B. For the purposes of this definition, "animal unit" shall be defined as one bovine or equine animal, two swine, four sheep or goats, or 50 birds or small mammals.
SPECIAL EXCEPTIONA use permitted with special permission granted by the Zoning Hearing Board to occupy or use land and/or a building for specific purposes in accordance with the criteria set forth in this chapter, when such use is not permitted by right.
STORYThat portion of a building located between the surface of any floor and the next floor above, if there is not more than one floor the space between any floor and the ceiling next above it shall be considered a story.
STREETA public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation, which provides a means of access to abutting property. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley and road or similar terms.
STREET LINEA line defining the right-of-way boundaries of a street.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUPPLY YARDA business that stores or maintains stocks of building materials such as block, brick, stone, plastic pipe, culverts, concrete or wood in an outdoor setting for sale to contractors or the general public.
TEST TRACK (PRACTICE TRACK or RACE TRACK or MOTORIZED TRAIL)Land used for private off-road purposes for recreational and/or competitive motorized vehicle, ATV, motorcycle, go cart and mud racer activities. Land use activities of these types shall include a soil retention plan for each activity by the Erie County Conservation District as deemed applicable by the Supervisors.
TRAVEL TRAILERA self-propelled or towed vehicle with sleeping and or cooking quarters licensed, or intended to be licensed, for travel on the highways of the Commonwealth of Pennsylvania.
TRUCK TERMINALLand and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.
VARIANCEA form of relief granted by the Township Zoning Hearing Board pursuant to Articles
VI and
IX of the Pennsylvania Municipalities Planning Code and this chapter.
VETERINARY CLINICA facility used for the treatment of domestic animals for pay with health treatment provided by a licensed veterinarian.
WAREHOUSING AND DISTRIBUTIONA use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. For the purpose of this chapter, storage of explosive, inflammable, hazardous or community-recognized offensive conditions shall be considered heavy industry.
YARDThat portion of a lot that is unoccupied and open to the sky and extends from the lot line or right-of-way to the setback line.
YARD, FRONTA yard between an adjacent right-of-way and the building line and extending for the full width of the lot.
YARD, REARA yard between the rear lot line and a line drawn parallel thereto at such distance as may be specified herein for any zoning district, and extending for the full width of the lot.
YARD, SIDEAn open yard space between the side lot line and parallel thereto extending from the front lot line to the rear lot line.
ZONING ADMINISTRATORThe Zoning Officer of the Township of Girard, or his/her authorized representative.
ZONING PERMITA permit issued by the Zoning Administrator evidencing that a structure is in compliance with this chapter.