[Amended 4-6-2015 by Ord. No. 134; 3-2-2020; 9-13-2021; 2-5-2024; 5-5-2025; 7-7-2025]
As used in this chapter, the following terms shall have the meanings indicated:
ACADEMIC CLINICAL RESEARCH CENTERAn accredited medical school within the commonwealth that operates or partners with an acute care hospital licensed within the commonwealth.
ACCEPTED SILVICULTURAL PRINCIPLESSustainable Forestry Principles and Implementation Guidelines published by the American Forest and Paper Association, October 14, 1994.
ACCESSORY DWELLING UNITA. A suite either attached to or detached from the primary single-family detached dwelling unit on the lot, for occupation by the following members of the lot owner's family:
(1) A parent, grandparent, adult child over age 18, and/or a spouse, partner or sibling of one of those relatives.
(2) A family relative, by blood, marriage, adoption or foster relationship, who requires continuous care due to injury, illness or a serious physical or mental disability that substantially impairs or restricts one or more such activities as walking, seeing, hearing, speaking, working, or learning.
(3) A licensed, permanent caregiver for the occupants of the primary dwelling unit on the lot.
B. A detached ADU may take the form of a cottage, mobile home, or similar dwelling, or may be constructed over a detached accessory building such as a garage. An attached ADU is attached to the principal dwelling unit on the lot, but must have its own, permanent provisions for living, sleeping, eating, cooking, and full bath, which are not shared with the residents of the principal dwelling unit on the lot.
ACCESSORY SOLAR ENERGY SYSTEMAn area of land or other area used for a solar energy system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. Ground-mounted or freestanding solar energy systems with an output size of not greater than 20kw shall be considered accessory solar energy systems. Roof-mounted solar energy systems on the roofs of buildings on-site used primarily for on-site use shall have no limit as to energy output. An accessory solar energy system consists of one or more freestanding ground- or roof-mounted solar arrays or modules, or solar related equipment and is intended to primarily reduce on-site consumption of utility power or fuels. The use shall not include battery storage for the solar energy generated by the facility unless such storage is located within the footprint of existing structures on the site.
ACCESSORY STRUCTUREA structure detached from, subordinate to, and on the same lot with the principal structure and used for purposes customarily incidental thereto.
ACCESSORY USEA use subordinate to, and on the same lot with the principal use, and provided for purposes customarily incidental thereto.
ADJACENT PROPERTYAny property that directly adjoins, is contiguous to, or is located across a public or private street from another property.
ADULT-ORIENTED USEAn establishment having as a substantial or significant portion of its stock or trade, movies, shows, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or specific anatomical areas.
AGENTAny person, who, acting for a developer, landowner, or lessee who submits plans to the Zoning Officer, Zoning Hearing Board, or Township Supervisors for the purpose of obtaining a permit of any kind.
AGRIBUSINESS OPERATIONSAn agricultural operation that involves, but is not necessarily limited to, one or more of the following conditions:
B. CONCENTRATED ANIMAL OPERATIONAn animal feeding operation which is required to develop a nutrient management plan in accordance with the Pennsylvania Nutrient Management Law.
AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock, and livestock products and/or in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products, or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURAL PRODUCTAny of the range of crop and livestock commodities grown or produced as a result of the conduct of an agricultural operation or farm.
AGRICULTURAL TOURISMRecreation, entertainment, education and tourism events and activities that are associated with and provide support for the ongoing conduct of agricultural operations on a working farm.
AGRICULTUREThe use of a tract of land for the purpose(s) of active cultivation or animal husbandry. Agriculture shall include all enterprises that are actively engaged in the commercial production and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities and/or livestock and livestock products. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry. Agriculture does not include the composting of materials originating off the property or the manufacture or sales of landscaping mulch.
ALTERNATIVE ENERGY SYSTEMFor the purpose of this chapter, alternative energy systems shall include wind energy conversion systems and/or solar collector(s) for personal residential or small business use.
AMBULATORY CARE, OUTPATIENT SURGERY CENTERAny facility providing medical care outside a hospital setting, on a walk-in, outpatient basis. Medical care can include diagnosis, observation, treatment, surgery and rehabilitation. Also known as urgent care centers, surgical centers and the like.
AMENDMENTA revision to the text or Zoning Map of the Hamilton Township Zoning Ordinance, adopted in accordance with the provisions of the Municipalities Planning Code.
ANIMAL HOSPITALAny building or portion of a building designed or used for the medical or surgical care and treatment of domestic animals. This use may exist on the same premises with a commercial kennel use, as defined in this chapter.
ANIMAL UNITOne thousand pounds live-weight of livestock, regardless of the actual number of animals comprising the unit.
APPLICANTA landowner or developer who has filed an application for development, including his heirs, successors, and assigns.
BATTERY ENERGY STORAGE SYSTEMS (BESS)A use involving a building, structure, or area that uses batteries to store electrical energy at one time for use at another time, whether or not the energy stored on site is stored for use on-site or off-site.
BED-AND-BREAKFAST INNA business providing for sleeping arrangements and breakfasts in a residential environment for transient guests in return for compensation to the owner of the establishment.
BIO-GAS DIGESTERA facility that converts biomass to a fuel for powering an on-site generator to produce electricity.
BOARDING KENNELAny establishment available to the general public where a dog or dogs are housed for compensation by the day, week or a specified or unspecified time. The term shall not include a kennel where the practice of veterinary medicine is performed if the kennel is covered by the provisions of the Act of December 27, 1974 (P.L. 995, No. 326), known as the "Veterinary Medicine Practice Act." The term shall include any boarding facility operated by a licensed doctor of veterinary medicine whether or not this facility is on the same premises as a building or structure subject to the provisions of the Veterinary Medicine Practice Act. The term shall include any establishment available to the general public that, for consideration, takes control of a dog from the owner for a portion of a day for the purposes of exercise, day care or entertainment of the dog. For the purpose of this term, each time a dog enters the kennel it shall be counted as one dog. This term does not include an establishment engaged only in dog grooming or dog training.
BREWERYAn establishment where beer is produced and often served or sold commercially.
BUFFER YARDA strip of land that a) separates one use from another use or feature, and b) is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement.
BUILDINGA combination of materials to form a permanent structure having walls and a roof, including, but not limited to, all mobile homes and trailers.
BUILDING, ACCESSORYA subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
BUILDING COVERAGEThe area of a site covered by buildings or roofed areas, excluding projecting eaves, balconies, and similar features.
BUILDING HEIGHTThe 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 average height between eaves and ridge for gable, hip, and gambrel roofs.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK LINEA line parallel to the lot or property lines designating the minimum distance from said lot or property lines that a building may be erected under the various land requirements of this chapter.
BUSINESS PARKA development of a tract of land with two or more separate commercial, business, or manufacturing uses, that is planned, designed, constructed, and managed on an integrated and coordinated basis.
CAMPGROUNDA commercial use on a lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients for seasonal, recreational or similar type living purposes in temporary, moveable buildings such as recreational vehicles, tents or shelters, and which may include accessory recreational facilities.
CAMPSITEA plot of ground intended for occupation by a tent, recreational vehicle, or other nonpermanent structure for the purpose of short-term lodging.
CAMPSITE HOSTINGA short-term lodging use involving the placement of a tent, recreational vehicle, or other impermanent structure in an area where such space is provided by the property owner to guests for some compensation.
CANOPYA permanently roofed shelter projecting over a sidewalk, driveway, entry, window or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, pole, or braces extending from the ground. Any roof overhang extending more than two feet from the face of the building shall be considered a canopy.
CIDERYAn establishment where hard cider is produced and often served or sold commercially.
CLUBAn institutional use of land and/or a building within which is housed an organization that caters exclusively to members and their guests. They shall include premises or buildings for social, recreation, and administrative purposes that are not conducted for profit, provided there are no vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include but not be limited to fraternal, political, religious, and service organizations, labor unions, Granges, and social and athletic clubs.
CLUSTER RESIDENTIAL DEVELOPMENTA development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for agriculture, recreation, common open space, and/or preservation of environmentally sensitive areas.
COMMERCIAL RECREATIONAny commercial use whose main purpose is to provide the general public with an amusing or entertaining activity, and where tickets are sold or fees are collected for the activity:
A. INDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn establishment operated as a gainful business, open to the public, for the purpose of leisure time activities, public recreation or entertainment, including, but not limited to, arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, miniature golf course, skating rink, swimming pool, tennis courts, or theatre, when operated within a completely enclosed building. For purposes of this chapter, this use excludes a health and fitness club and indoor shooting range.
B. OUTDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, but also including amusement rides or regular live entertainment. For purposes of this chapter, this use excludes a park, golf course and an outdoor shooting range.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas and areas set aside for public facilities.
COMMUNITY NOISE EQUIVALENT LEVEL (CNEI)The twenty-four-hour A-weighted sound level, from midnight to midnight, obtained after the addition of five dBA to sound levels occurring in the evening from 7:00 p.m. to 10:00 p.m. and after the addition of 10 dBA to sound levels occurring in the night between 10:00 p.m. and 7:00 a.m.
CONDITIONAL USEA use permitted in a particular zoning district pursuant to the provisions of Article
VI of the Pennsylvania Municipalities Planning Code and Article
XIX of this chapter.
CONDOMINIUMA multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of state and local laws.
CONTRACTOR'S OFFICEA building, room or group of rooms used for conducting business affairs of a building trade contractor that does not use any exterior storage area.
CONTRACTOR'S OFFICE AND YARDA property that is used as the office and yard of a building trade contractor in the business of constructing or remodeling any building or structure, including, but not limited to, electrical, plumbing, and HVAC contractors.
CONVENIENCE STOREAn establishment selling gasoline at retail pumps and other automotive products, which may also sell groceries and other food products for on- or off-premises consumption.
COTTAGE INDUSTRYAn occupation or trade conducted entirely within a detached residential accessory structure which is clearly incidental and secondary to the use of the lot and dwelling for residential purposes.
COUNTYAdams County, Pennsylvania.
CUSTOM BUTCHER SHOPA facility established to slaughter livestock owned by an individual or animals bagged during a hunting season authorized by the Pennsylvania Game Commission. Said facility may offer meat for wholesale or retail trade. Any such operation which processes a sufficient number of animals to trigger a Pennsylvania Department of Agriculture or United States Department of Agriculture permit shall not be considered under this definition.
CUSTOM BUTCHERINGThe slaughter of livestock owned by an individual or animals bagged during a hunting season authorized by the Pennsylvania Game Commission. Said facility shall not offer meat for wholesale or retail trade. A facility of clearly limited nature for the convenience of individuals raising livestock for their own consumption.
DATA CENTERA use involving a building or area within the property in which the majority of the use is occupied by computers and/or telecommunications and related equipment, including supporting equipment, where information is processed, transferred, and/or stored, primarily to/from offsite locations. This use does not include computers or telecommunications related equipment that is considered customarily accessory to an otherwise permitted use on the property, i.e., servers associated with an office building, both located on the same property.
DAY-CARE CENTERA. Any dwelling, building, or portion thereof which child or adult day-care services other than "babysitting" are provided, including any on-site outdoor play areas.
B. All day-care facilities shall meet all applicable requirements of the State Department of Public Welfare. The following types of child-care facilities are regulated by the PA Department of Public Welfare:
(1) CHILD-CARE CENTERA child-care facility in which seven or more children who are not related to the operator receive child care. A child-care center must have a certificate of compliance ("license") from the Department of Public Welfare (DPW) in order to legally operate.
(2) GROUP CHILD-CARE HOMEA child-care facility in which care is provided at one time for more than six but fewer than 16 older school-age-level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. The term includes a facility located in a residence or another premises.
(3) FAMILY CHILD-CARE HOMEA child-care facility located in a home in which four, five or six children who are not related to the caregiver receive child care. A family child-care home must have a certificate of registration from DPW in order to legally operate.
DEED RESTRICTIONA covenant, running with a parcel of land, which places specific conditions or limitations on the use of such parcel of land, and which is applied to the parcel owner, his or her successors, or assigns.
DENSITYThe number of dwelling units per acre of land.
DISTILLERYAn establishment where liquor is produced and often served or sold commercially.
DIVIDER STRIPA landscaped island within a parking lot separating two adjoining rows of parking spaces within a parking lot.
DRIVE-THROUGHAny portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
DWELLINGAny building which is designed for human living quarters, but not including hotels, boardinghouses, tourist cabins, motels and other accommodations used for transient occupancy.
DWELLING, APARTMENTTwo or more dwelling units within a building that does not meet the definition of a single-family detached dwelling, two-family dwelling or townhouse.
DWELLING, CONVERSION APARTMENTAn existing dwelling unit that is or was converted to individual dwellings for more than one family, without substantially altering the exterior of the building.
DWELLING, MULTIFAMILYA building used by three or more families living independently of each other and doing their own cooking, including apartment houses, but not including townhouses as defined herein.
DWELLING, TOWNHOUSEA series of three or more single-family dwelling units attached by one or more common walls.
DWELLING, TWO-FAMILYA building containing two dwelling units, arranged either in a side-by-side fashion sharing one common party wall or with one unit arranged over the other. Also known as a duplex.
DWELLING UNITAn independent housekeeping unit consisting of living quarters of one or more rooms with cooking, sleeping, and sanitary facilities, arranged for use by one or more individuals.
EASEMENTThe right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
EDUCATIONAL INSTITUTIONAny building or part thereof or group of buildings or structures designed, constructed, or used for instruction in any branch of knowledge. This definition includes public and private elementary, secondary, or vocational schools; trade technical, professional and business schools; and colleges and universities.
ELECTRIC GENERATION FACILITYA facility that produces electricity, owned and/or operated by an electric utility or independent producer for distribution into the power grid.
A. Facilities using fossil fuels such as coal, oil and natural gas.
B. Hydroelectric facilities.
ESTATE LOTDesignated parcels of land, at least five acres in size, created by subdivision of a tract of land greater than 10 acres, which may be developed for single-family detached residential use.
EXOTIC WILDLIFEThe term includes, but is not limited to, reptiles and all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals that have similar characteristics in appearance or features. This definition is applicable whether or not the birds, animals or reptiles were bred or reared in captivity or imported.
FACADEThat portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.
FAIRGROUNDAn area of land, buildings and accessory structures used for temporary indoor or outdoor events, including, but not limited to, festivals and exhibitions; fairs (with accompanying entertainment and amusements); entertainment venues; agricultural, horticultural, and animal shows; animal training and judging; carnivals; community meeting or recreational buildings and uses; food and beverages; and exhibitor booths and stands, games, rides, rodeos, and other customary accessory uses.
FARMA tract of land which may include a residence, living area for the residence, farm-related buildings, and surrounding land, devoted to the production of agricultural products and where the principal use is agricultural production.
FARM BUILDINGAll nonresidential buildings located on a farm and incidental to the agricultural operation therein.
FARM CO-OPA commercial enterprise jointly owned by two or more farmers actively engaged in agriculture, consisting of one or more buildings or structures, either permanent or temporary, designed and used for the purpose of the sale, at least in part, of agricultural commodities, as defined herein, which are located on a parcel of land owned by one of the partners on which some of the agricultural commodities are grown or produced.
FARM EQUIPMENT SALES FACILITYThe distribution, sale, and/or servicing of new and used equipment and machinery commonly used for agricultural purposes, not including the sale or service of automobiles.
FARM MARKETAn 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 OCCUPATIONAn accessory use to the primary agricultural use of a property in which residents engage in a secondary occupation conducted on the active farm.
FARM PROCESSING ESTABLISHMENTA commercial enterprise consisting of one or more buildings or structures, either permanent or temporary, designed and used primarily for processing agricultural commodities, such as but not limited to dairies, grain mills, slaughterhouses and wineries. Such establishments may be co-located with a farm restaurant or farm market.
FARM WORKER HOUSINGA 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 BUSINESSA business located on a farm, and which is incidental to, and supportive of, the use of the property as a farm.
FINANCIAL INSTITUTIONA bank, savings and loan association, credit union, finance or loan company, or similar establishment.
FITNESS/HEALTH CENTERA facility providing fitness, health and dietary instruction and training by certified professionals. Aerobic, cardiovascular and weight training instruction and equipment may be available as well as martial arts instruction, aquatic activities, and massage and other physical therapy.
FLOOR AREA RATIOThe ratio of gross floor area of all buildings on a lot to total lot area minus those lands subject to the Natural Resources Protection Overlay.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, transporting and selling trees for commercial purposes, which does not involve any land development.
FUNERAL HOMEA building designed for the purpose of the preparation and viewing of the deceased prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, or entombments, but may include mortuaries and crematoriums.
GARAGE, PRIVATEAn accessory building for the storage of one or more automobiles, other vehicles accessory and incidental to the principal use of the premises, or both.
GARDEN CENTERA retail establishment that sells plants, compost, mulch, fertilizers, gardening equipment, supplies and tools, and landscaping products such as statues, furniture and garden ornaments. This definition includes building, farm and contractor supply centers.
GLAREThe effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GOLF COURSEA 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, shelters, maintenance and storage facilities, and a driving range.
GOVERNMENT OFFICES, MUNICIPAL BUILDINGSAny local, county, state or federal government building, office or facility designed and intended to be occupied by the government or designed and intended for public use sponsored by such governments or its designee.
GREENHOUSEA commercial use primarily involved in horticulture that includes the sale of plants grown on the premises and related goods and materials, as well as the storage of equipment customarily incidental and accessory to the principal use.
GROUP HOMEA facility providing shelter, counseling, and other rehabilitative services in a family-like environment for clients and such supervisory personnel as required by appropriate licensing agencies. Such facilities may provide supervisory and/or rehabilitative services, but medical care or nursing supervision shall not be provided.
HEARINGAn administrative proceeding conducted by a board pursuant to Section 908 of the Pennsylvania Municipalities Planning Code and pursuant to Article
XIX of this chapter.
HEIGHT OF A WIRELESS COMMUNICATIONS TOWERThe vertical distance measured from the ground level to the highest point on a wireless communications tower, including wireless communications antenna mounted on such a tower.
HOME OCCUPATIONA use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, provided that the use is clearly incidental and secondary to the use of the dwelling for residential purposes.
HORSE BOARDING STABLEAn activity that includes the keeping of horses or similar animals for use by other than a single household.
HOSPITALAn 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. A hospital use can also include attached and detached accessory uses, provided that all uses are contained upon the hospital property. This definition does not include an animal hospital.
HOTELA building consisting of lodging rooms designed or occupied primarily as the temporary place of abode for individuals who are lodged for compensation (with or without meals), in which provisions for cooking are generally not made in individual rooms or suites.
IMPERVIOUS SURFACE (IMPERVIOUS AREA)A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but not be limited to, roofs; additional indoor living spaces, patios, decks, garages, storage sheds, and similar structures; and any new streets, driveway, access drives, parking areas, and sidewalks. Any areas designed to be covered by loose surfacing materials such as gravel, stone, and/or crushed stone and intended for storage of and/or travel by motorized or nonmotorized vehicles or travel by pedestrians shall be considered impervious.
JUNKOld, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, unlicensed motor vehicles, and parts thereof.
JUNKYARDAn open area where junk is bought, sold, exchanged, stored, processed, or handled. An automobile wrecking yard shall be considered a junkyard.
KENNELAny establishment in or through which at least 26 dogs are kept or transferred in a calendar year, or a boarding kennel as defined in the Pennsylvania Dog Law.
LANDOWNERThe legal, equitable or beneficial owner or owners of land, including the holder of an option or contract to purchase for a lump sum or over installments (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner, or any other person having a proprietary interest in land.
LANDSCAPINGThe area within the boundaries of a given lot that consists of planting materials, including, but not limited to, trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials. At least 50% of the landscaping area must be covered by live plant material at the time of plant maturity.
LIVE ENTERTAINMENTAny musical act, theatrical act, comedy act, play, revue, scene, dance act, or any combination thereof, performed by one or more persons, whether or not they are compensated for the performance, in a privately owned premises that is open to the public, whether or not admission is charged. Live entertainment does not include adult entertainment uses, as defined herein.
LIVING AREA, APARTMENTThat portion of an apartment dwelling proposed for customary human habitation. The apartment living area shall include all rooms and hallways, but shall not include stairwells, crawl spaces, or other such areas.
LIVING AREA, ESTATE LOTAn area within an estate lot, which may include an existing or proposed single-family residence or farmhouse, customary accessory structures, and a surrounding manicured yard area.
LOTA 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, CORNERA lot abutting two intersecting streets, where the interior angle of intersection does not exceed 135°. The yards adjacent to both public and private streets shall be considered front yards when determining appropriate setbacks. For the purpose of this chapter, the yard opposite the street the property is addressed is assigned the rear yard and the remaining yard shall be a side yard.
LOT COVERAGEThe portion of a lot covered by an impervious surface. For the purposes of this chapter, this shall include everything covered under the definition of impervious surface below as well as any other area or surface covered by any non-organic material.
LOT DEPTHThe distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line. In the case of a corner lot, the lot depth shall be achieved along the longest dimension of the lot.
LOT FRONTAGEThe length of the front lot line measured at the street right-of-way line. The existing lot width is at the setback line (width) for frontage. The frontage on a cul-de-sac is measured on the radius.
LOT LINE, FRONTThat lot line that is described as the front property line in the deed of said property unless otherwise specified in this chapter. In the absence of a deed described front property line, said line shall be the edge of the street right-of-way.
LOT LINE, REARThat lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular or gore-shaped lot, a line 10 feet in length, entirely within the lot, parallel to, and at the maximum distance from, the front lot line shall be considered the "rear lot line."
LOT SIZEThe area contained within the property lines of a lot, excluding any street or utility right-of-way or driveway easement providing access to an adjoining property, or officially designated floodplain located on the lot.
LOT WIDTHThe horizontal distance between the side lot lines of a lot measured at the minimum required front building setback line.
MANUFACTURINGThe mechanical or chemical treatment or processing of raw products or the production or assembly of finished products from raw or prepared materials into new forms or qualities.
A. LIGHT MANUFACTURINGThe processing, fabrication, assembly, treatment and packaging of finished products, predominately from previously prepared materials, which is generally free from objectionable odors, fumes, dirt, vibrations or noise.
B. HEAVY MANUFACTURINGThe manufacturing and processing of raw materials, which may be obnoxious by reason of emission of odor, dust, smoke, gas, noise or similar causes.
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MEDICAL MARIJUANAMarijuana for certified medical use as set forth in Pennsylvania Act 16 of 2016.
MEDICAL MARIJUANA DISPENSARYA 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 GROWER/PROCESSORA 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 CLINICA place, building or portion of a building used exclusively by physicians, optometrists, chiropractors, dentists, physical therapists, massage therapists, or other drugless practitioners involving nonsurgical treatment, care, examination and diagnosis, and preventative health services, including inoculation and educational services to outpatients. This definition includes medical laboratories used in the taking, analyzing and testing of physical samples and specimens for the diagnosis and treatment of patients.
MEMBERSHIP CLUBAn organization catering exclusively to members and their guests including premises or buildings used for social, recreational or administrative purposes. Clubs shall include but not be limited to service organizations and labor unions, as well as social and athletic clubs and fraternal organizations but not include bulk purchasing retail businesses.
MOBILE HOMEA 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 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 or contiguous parcels of land which has been designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MULTIFAMILY COMMUNITYA group of multifamily dwellings developed on a single parcel of land and sharing common parking, recreation, and landscaping areas.
NIGHTCLUBAny commercial use for which the on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc-jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry out beer, wine and liquor as an accessory use. This is also meant to include an "under 21" club which features entertainment.
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.
NONCONFORMING LOTA 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 STRUCTUREA structure or part of a 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 USEA 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.
NURSERYA horticultural operation engaged in the propagation, breeding, and cultivation and development of all types of plants, including trees (for transplanting), shrubs, flowers, houseplants, and tropical varieties. The retail sale of nursery products will be considered a farm market use.
NURSING HOMEAn institution or facility in which nursing care and related medical or other health services are provided for a period exceeding 24 hours, for two or more individuals, who are not relatives of the administrator, who are not acutely ill and not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or medical infirmity, need care.
OFFICE, BUSINESS AND PROFESSIONALA building, or portion of a building, in which administrative, clerical, financial, governmental or professional operations and services are performed by one or more members of a profession including, but not limited to, accounting; architecture; dental and medical; engineering; finance, insurance and real estate; attorneys; and notary public. This use shall include neither retail sales nor industrial uses, but may include business offices, medical offices, laboratories, photographic studios and/or television or radio broadcasting studios.
OPEN LANDThat potion of a tract or estate lot, as defined herein, set aside for the protection of sensitive natural features, farmland, recreational activities, scenic views, and/or other unique attributes.
OPEN SPACEA 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 common facilities.
PARENT TRACTA parcel of land existing as of January 3, 2001, the effective date of the Hamilton Township Zoning Ordinance, which could be subjected to future subdivision or land development proposals or approvals. When used for regulating permitted subdivisions in the AP District or permitted density in the RR District, a parent tract shall be a parcel of land, existing as of the date that the AP District or RR District was first applied to it.
PARKA facility designed to serve the recreational needs of the residents of the community.
PARKING LOTAn off-street area designed and improved solely for the parking of motor vehicles, including driveways, aisles and maneuvering space appurtenant thereto.
PARKING SPACEThe space within a building or on a lot or parking lot for the parking or storage of one motor vehicle off the right-of-way of a public street or road.
PERSONAL SERVICE BUSINESSAn office which generally operates on an appointment basis and with relatively low pedestrian or vehicular traffic. This includes, but is not limited to, offices of accountants, actuaries, architects, attorneys, dentists, designers, engineers, insurance agents, physicians, real estate agents, veterinarians and animal hospitals, and similar services.
PERSONAL USE BUILDINGA building erected on an otherwise vacant property for the sole use and enjoyment of the property owner and for no other commercial, business, investment or similar purpose.
PLACE OF WORSHIPA building, structure, or group of buildings or structures, designed, intended, and used for the assembly of individuals engaging in religious practices. This definition shall include, but is not limited to, churches, temples, chapels, cathedrals, synagogues, and mosques. This may also include educational facilities, day-care facilities, recreational facilities, and other similar facilities. It may also include a rectory for one family.
POSTAL AND COURIER SERVICESEnterprises engaged in the distribution, sorting, and delivery of messages, mail, and parcels, including the U.S. Postal Service and local and intercity delivery services.
PRINCIPAL USEThe main or primary use of land or structures, as distinguished from an accessory use, as herein defined.
PRODUCE STANDA nonpermanent structure set up temporarily along a roadside at which a person or persons sell only agricultural commodities produced on the farm on which the stand is located.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings).
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC UTILITYA use which is operated, owned or maintained by a public utility corporation and regulated by the Pennsylvania Public Utility Commission in accordance with the requirements of the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq., or which is operated, owned or maintained by a municipality or a municipal authority organized under the laws of the Commonwealth of Pennsylvania to provide public water service, public sewer service, or similar services. A "public utility" shall not include cellular telephone transmission or receiving facilities and similar facilities of entities which are not governmentally owned and operated or are not regulated by the Pennsylvania Public Utility Commission.
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned and operated by a public utility company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
RECREATION, ACTIVERecreation characterized by the use of playground equipment, athletic fields, or other facilities or areas predominately associated with athletic pursuits.
RECREATIONAL FACILITY (INDOOR)A building in which recreational activities take place, including but not limited to tennis, handball, gymnastics, swimming, riding, skating, and hockey, for public or private use and with or without a fee.
RECREATIONAL FACILITY (OUTDOOR)An open or semi-enclosed field or area of natural or man-made surfaces on which recreational and related activities take place, including but are not limited to ball games, field games, tennis, handball, swimming, riding, skating, golf driving ranges and miniature golf courses, skateboarding, and the riding of dirt bikes, off-road vehicles, including ATVs or other motorized vehicles, for public or private use and with or without a fee.
RECREATION, PASSIVERecreation characterized by its location in open space or similar areas, and predominately associated with contemplative, educational, or similar activities.
RECYCLING FACILITIESA principal use whereby collected recyclables are separated, processed, cut, shredded, cleaned, ground, crushed, bundled, bailed and/or packaged for reuse.
RESIDENTIAL CARE FACILITYA planned residential facility for persons of retirement age, which include residential dwelling units with communal dining, recreation areas, open space, parking and related facilities. This definition includes retirement homes, assisted or independent living facilities and similar uses.
RESIDENTIAL CLUSTERA residential development designed in accordance with cluster development design techniques.
RESTAURANTAn establishment, including a cafe, where food is prepared and available to the general public for a determined compensation.
RIDING SCHOOLAn agricultural use where horses are boarded and cared for, and where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding.
RIGHT-OF-WAYA strip of land acquired by reservation, dedication, forced dedication prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses to allow the right of one to pass over the property of another.
RURAL EVENTS VENUEAn establishment that is leased on a temporary basis for, or otherwise hosts for profit or commercial gain, private functions, including but not limited to banquets, weddings, receptions, business and organizational meetings, and other similar functions. Such establishments may include kitchen facilities, area for dining and entertainment, and temporary lodging.
SCHOOL, PRIVATEAny building or group of buildings, the use of which meets state requirements for primary, secondary, or higher education and which does not secure the major part of its funding from any governmental agency.
SCHOOL, PUBLICAny building or group of buildings, the use of which meets state requirements for primary, secondary, or higher education and which secures the major part of its funding from a governmental agency.
SELF-STORAGE FACILITYA building or group of buildings in a controlled access and fenced compound, and that contains individual, compartmentalized, and controlled access stalls or lockers for the storage of customer's goods or wares.
SENSITIVE RECEPTORSSchools, preschools, daycare centers, in-home daycare, health facilities including hospitals, long-term care facilities, and retirement and nursing homes, community centers, places of worship, playgrounds, parks (excluding trails), campgrounds, prisons, dormitories, and any residence where such residence is not located on a parcel with an existing industrial, commercial, or unpermitted use as determined by the Zoning Officer.
SETBACK LINEA line, generally parallel with and measured from the adjoining road or street right-of-way or property line, defining the limits of a yard in which no building or structure may be located.
SHOOTING RANGE, OUTDOORFacility operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or similar activity related to the controlled practice of sport shooting of firearms outdoors.
SHOPPING CENTERA group of retail stores and/or personal service establishments planned and designed to function as a unit, and having off-street parking and a landscaping plan as an integral part of the unit.
SIGNAny device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or to communicate information of any kind to the public.
SIGN, ANIMATEDA sign that uses movement or change of lighting to depict action or create a visual effect or scene.
SIGN, CHANGEABLE COPYA sign or portion thereof with characters or illustrations that can be changed or rearranged without altering the face or surface of the sign. A sign upon which the message changes more than eight times a day shall be considered an animated sign. A sign that shows the date, time, and/or temperature shall not be considered a changeable copy sign.
SIGN, FREESTANDINGA sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or other structure.
SIGN, OFF-PREMISESA 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. Billboards fall under this definition.
SIGN, PROJECTINGA sign, other than a wall sign as defined herein, that is attached to and projects from the wall or face of a building or structure.
SIGN, WALLA sign painted on, or attached to, the outside of a building and erected parallel to the face of a building and supported throughout its length by such building.
SLAUGHTERHOUSEA facility involving the killing of animals for the production of food or some other commercial product. A commercial stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughterhouse. This shall not include custom butchering, which is an accessory use, or a custom butcher shop, which is a retail sales use. The slaughter of any animal taken on a private hunting club shall be considered an accessory use of that club.
SLAUGHTERHOUSE, OPEN-AIR A slaughterhouse where one or more side of any portion of the kill zone is not enclosed by a wall and roof.
SOLAR COLLECTORA solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR EASEMENTA solar easement means a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
SOLAR ENERGYRadiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR ENERGY FACILITYAn area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use or for use on-site if the output size is greater than 20kw. Principal solar energy systems consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures. The use shall not include battery storage for the solar energy generated by the facility.
SOLAR FACILITY CONNECTIONThe electric conveyance lines which connect a solar energy facility to the high-voltage electric interconnection grid.
SOLAR FARMOne or more arrays, collectors or photovoltaic modules, or a power plant that uses such arrays, collectors or photovoltaic modules to convert sunlight into electricity.
SOLAR PANELThat part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLAR RELATED EQUIPMENTItems including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for collection of solar energy. This term shall not include battery storage for solar energy.
A. SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
B. SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
C. SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
SPECIFIED ANATOMICAL AREASAreas including any of the following:
A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESActivities including any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
C. Masturbation, actual or simulated.
D. Excretory functions, as part of or in connection with any of the activities set forth in this definition.
SQUARE FEET OF GROSS FLOOR AREA (S.F.GFA)The total square feet of all horizontal areas on all floors or levels of a building or buildings, as measured to the outside surfaces of exterior walls. Catwalks within a building, perforated or heavy-duty mesh floors, and intermediate or partial floors shall contribute to gross floor area when used in conjunction with the primary function and purpose of the building. Material is not a criterion for exclusion from gross floor area. When used for the purpose of calculating required off-street parking, stairwells and elevator shafts; cellars, basements and other areas used exclusively for storage and the operation and maintenance of the building; crawl spaces; lobbies, atriums and other common areas such as restrooms; attics without floors; and open porches, balconies and terraces shall be excluded.
STREETAn avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SWIMMING POOLAny structure of solid materials so designed, either below or above the surface of the ground, as to hold water and to be used for the purpose of bathing or swimming in which the depth of the water stored therein above or below ground level exceeds two feet in depth.
TASTING ROOMA 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 for the sale of such spirits at retail for consumption on the premises and for the sale in closed packages for consumption off the premises.
TAVERNAn establishment used primarily for the dispensing or sale of alcoholic beverages by the drink for on-site consumption. This definition includes, but is not limited to, beer gardens, cocktail lounges, saloons and taprooms. Restaurants that serve alcoholic beverages but are primarily engaged in the retail sale of prepared food are not included in this definition.
TERMINAL ISLANDA landscaped area constructed at the end of a row, or adjoining rows, or parking spaces within a parking lot.
TOWNHOUSE COMMUNITYA group of townhouses developed on a single parcel of land and sharing common parking, recreation, and landscaping areas.
TOWNSHIPHamilton Township, Adams County, Pennsylvania.
TOWNSHIP ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for Hamilton Township.
TRUCK TERMINAL/DISTRIBUTION CENTER/FULFILLMENT CENTERA facility where trucks load and unload goods, products, cargo, materials, and/or freight and where the same are broken down or aggregated into smaller or larger loads for transfer to other motor vehicles or modes of transportation or to other points or junctions.
VARIANCERelief granted pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code and pursuant to the provisions of Article
XIX of this chapter.
VEGETATIVE COVERAGEThe portion of a lot covered by organic material, green vegetation or plantings. For the purposes of this chapter, geotextile reinforced grass areas shall be considered vegetation.
WAREHOUSE/LOGISTICS CENTERA building or group of buildings primarily used for the long-term indoor storage, transfer, and distribution of products and materials that have been manufactured, assembled, or harvested, or are being stored with the intent of the processing of materials to sort out which finished goods are to be transported to different locations, and the loading and unloading of such goods
WATERCOURSEA stream of water, river, brook, creek; a channel or ditch for water whether natural or man-made.
WIND ENERGY CONVERSION SYSTEM (WECS)A facility consisting of a tower, wind turbine generator with blades, guy wires or other support structures and anchors, access roads, and associated control and conversion equipment to convert wind movement into electricity, and which is intended to primarily reduce on-site consumption of utility power.
WIND FARMOne or more windmills or wind turbines or a power plant that uses windmills or wind turbines to generate electricity. The term does not include a single traditional small-scale windmill for use on a farm.
WINERYAn 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 COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communication 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 device. 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.
WIRELESS COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
WIRELESS COMMUNICATIONS TOWERA structure, other than a building, but including monopole towers, self-supporting towers, or guyed towers, designed to be used to support communications antenna.
YARDA space which is open to the sky and unoccupied by any building, structure or merchandise for display or sale, and which is located on the same lot with a building or structure.
YARD, FRONTA yard, extending the full width of the lot, and situated between the road or street right-of-way line and the closest portion of any building or structure on the lot. The front yard extends the full width of both street rights-of-way in the case of corner lots.
YARD, REARA yard on the same lot with a main building, extending the full width of the lot and situated between the rear lot line and the required rear building line.
YARD, SIDEA yard on the same lot with a main building, situated between a side line and the corresponding building line, and located between the front yard and the rear yard.
ZONING MAPThe map establishing the boundaries of the zoning districts of the Hamilton Township Zoning Ordinance, which map shall be and is a part of this chapter.
ZONING OFFICERThe municipal official duly appointed by the Board of Supervisors of Hamilton Township to administer and enforce the Zoning Ordinance of the Township of Hamilton.
ZONING PERMITA permit required by the Zoning Ordinance of the Township of Hamilton to ensure compliance with the applicable sections of the ordinance.