The relinquishment of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights of the property to another owner or resuming the use of the property.

Buildings which physically touch. Areas of continuous lots that share a common lot line, not including lots entirely separated by a street, public alley, open to traffic, or a perennial waterway.

A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building. Temporary accessory structures, meeting the definition in this chapter, such as storage pods, storage containers, or soft-sided builds do not require a zoning permit.

An energy conversion system, including appurtenances, which is accessory to a principal use, and converts solar to a usable form of energy to meet all or part of the energy requirements of the on-site user. This definition does not include solar farms and is not intended for commercial establishment.

Located on the same lot as the principal use, but customarily subordinate and incidental.

A measure of land area containing 43,560 sq. ft.

Includes all uses regulated under 68 Pa.C.S.A. § 5501 et seq., as amended, as well as the following uses: adult novelty store, adult drive-in movie theaters, adult motels, bath houses, and such other uses housing similar adult sexually oriented activities. Such definitions in 68 Pa.C.S.A. § 5502 are hereby included by reference, including but not limited to the definitions for "Adult Bookstore," "Adult Entertainment," "Adult Mini-Motion Picture Theater," "Adult-Oriented Establishment," "Sexual Activities," "Specified Anatomical Areas," and "Specified Sexual Activities."

A structure utilized to store farm implements, hay, feed, grain, or other agricultural or horticultural products or to house poultry, livestock, or other farm animals. May also include a milk house and a structure used to grow mushrooms, agricultural, or horticultural products. The term shall not include habitable space, or spaces in which agricultural products are processed, treated, or packaged, and shall not be construed to mean a place of occupancy by the general public. Agricultural buildings do not require a building permit, but do require a zoning permit.

The science and art of farming, including cultivating the soil, producing crops and raising livestock and poultry. Agricultural activities include normal farming operations, as well as orchards and vineyards, dairy farms, greenhouses, horticultural operations, nurseries, forestry, and agricultural storage and/or processing activities.

A farm-related tourism or a farm-related entertainment activity that takes place on agricultural land and allows members of general public, whether or not for a fee, to tour, explore, observe, learn about, participate in, or to be entertained by an aspect of agricultural production harvesting or rural lifestyle that occurs on the farm.

Any area of land or water designed and set aside for the landing and taking-off of aircraft and used or to be used in the interest of the public for such purposes. Such areas are usually equipped with hangars, facilities for refueling and/or repair, and various accommodations for commercial and/or private passengers. This use includes heliports and helistops.

Any structure, or tree, or use of land, which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport or is otherwise hazardous to the landing or taking-off of aircraft.

Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this chapter or the Harborcreek Township Airport Hazard Ordinance.[1]

A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extending on a side, front, or back, or by increasing height, or the moving from one location or position to another. This definition includes partition walls, but cosmetic changes are not considered alterations.

A change in use in any district which included revisions to the Zoning Ordinance text and/or the official zoning map; and the authority for any amendment lies solely with the Governing Body.

One-animal unit = horse, cow, elk, or bison; Two-animal unit = swine or llamas; Four-animal unit = sheep, deer, or goats; Fifty-animal unit = birds or small mammals.

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

An application, under the Subdivision and Land Development Ordinance, Zoning Ordinance, Stormwater Management Ordinance, or Uniform Construction Code,[2] including, but not limited to, an application for a subdivision plan, land development plan, zoning permit, stormwater management permit, or building permit.

The total area, in square feet, taken on a horizontal plane of the principal building, including basements, and all accessory buildings, exclusive of porches, decks, terraces and steps.

See "lot (lot area)."

A parcel of land or a building that is used for the storage of wrecked or motor vehicles usually awaiting insurance adjustment or transport to a repair shop where motor vehicles are kept for a period of time, not exceeding 30 days.

A facility for the servicing and repair of motor vehicles, conducted entirely within a building. This may include engine, transmission, and suspension overhaul, the repair and replacement of parts, body work including painting and frame repair, tire service, lubrication, and the changing of automotive fluids, but does not include the scrapping, salvaging, or storage of junk vehicles.

The elevation above sea level, based on the vertical datum in the current Flood Insurance Rate Maps (FIRM) for Harborcreek Township of the 100-year flood.

A story partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement or cellar shall be counted as a story for living purposes and 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.

A single-family residence, typically historic in nature, which is owner-occupied and managed; having no more than three guest rooms; and wherein food service shall be limited to breakfast and light fare for guests. Term does not include short-term rental or hotel/motel.

An establishment which produces alcoholic beverages for on- or off-site sale and distribution and which may include on the premises a tasting room as defined herein as an accessory use. The term shall include the following uses:

A person occupying any room or group of rooms forming a single habitable space, use, or intended for living, sleeping, and may pay compensation for lodging or board by prearrangement.

See "beverage production establishment."

A strip of land, a portion of which is planted and maintained in shrubs, bushes, trees, grass or other landscaping material and within which no structure is permitted except a retaining wall or fence.

The area of a lot remaining after the minimum yard and open space requirements of the Zoning Ordinance have been met.

A structure having a roof supported by columns or walls for the shelter of persons, animals, personal possessions, or property. When separated by walls which are common with the walls of an adjoining building, each portion of such structure shall be considered a separate building.

The person employed or retained by the Township to administer and enforce the Uniform Construction Code.

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

The vertical distance of a structure or building measured from elevation of the finished grade surrounding the structure or building to the highest point of the structure. See Appendices for illustration.[3]

The line which defines the required placement of the building from the street right-of-way on which the building fronts, measured from the front property line, not the edge of the road.

An area or facility storing or offering for sale building supplies, metal supplies, lumber, stone, coal, equipment, feed and grain, sand and gravel, and similar goods. This term shall not include the wrecking, salvaging, dismantling, scrapping, or storage of junk vehicles.

A permit issued by the Building Code Official under the Pennsylvania Uniform Construction Code, indicating that proposed construction, alteration, or reconstruction of a structure or other work regulated by the Uniform Construction Code is in accordance with the Uniform Construction Code authorizing the applicant to proceed with such work or activity. This term shall be deemed to include "building permit" or "UCC permit" but not "zoning permit."

Horizontal, exterior measurement between the two most distant portions, other than portions measured diagonally, of any building, typically measured in general that is most closely parallel to the lot length.

A residence, school, hospital, church, public library, or other building used for public gathering that is occupied or in use when the permit application is submitted.

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

An establishment engaged in rendering services to business establishments on a fee or contract basis or to the general public on a less frequent or personal basis than provided by personal services establishments. Such enterprises may include: the service and repair of office equipment, machines, electronics, furniture, medical supplies, or commercial appliances; the printing, copy, and production of documents, signs, or banners; retail shipping and mailing services; food catering; locksmithing; carpentry; painting; remodeling; interior decorating or upholstering; roofing and insulation; carpet installation; heating and cooling; plumbing; taxidermy; landscaping services, and other similar business activities. With a retail component to the services provided the use is eligible to be permitted in B-1 Zoning District, otherwise permitted in Industrial.

A lot or tract of land where tents, campers, recreational vehicles, motor homes, travel trailers, or manufactured homes, which do not exceed 320 sq. ft. in floor area may be placed. Persons or families may occupy these areas on a temporary basis for no more than 180 days per calendar year.

A building or structure where automobiles are cleaned manually or mechanically, using a conveyor, sprayer, blower, steam-cleaning equipment, or other device. This use may include wash tunnels, pay stations, vacuums, drying facilities, and associated paved accessways and parking stalls. As an accessory use to a gasoline service station, a vehicle washing facility may include no more than a single bay, for one vehicle to be washed at a time.

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

That portion of the street right-of-way surfaced for vehicular use. Width is determined from face of curb to face of curb or from one edge of driving surface to the other edge of driving surface.

Land used or intended to be used for the burial of the dead and dedicated to cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery.

A certificate issued by either the Zoning Administrator or Building Code Official which permits the use or occupancy of a building or structure in accordance with the approved plans, specifications, building and zoning permits that certifies compliance with the Zoning Ordinance and/or the UCC.

Any change in the occupancy classification of a building or structure, any change in the purpose or change in the level of activity within a building or structure, a change of use of a building or portion of building within the same classification, for which there is a change in application of the code requirements.

A structure with four opaque walls and a roof, with ventilation through a window or other protected opening, intended for the shelter or protection of hens.

See "intersection visibility."

The grounds and buildings of a public or private college, university, school, hospital, or other institution.

Any vehicle designed, intended or used for the transportation of people, goods or equipment other than private passenger vehicles and trailers for the private, non-profit transport of goods, equipment, other vehicles and/or boats. Such vehicles shall include commercially licensed trucks that have a capacity of one ton or more and include trucks, tractor-trailers, tractors, trailers and construction and/or earthmoving equipment. Farm tractors and related farm equipment shall be excluded from this definition.

A comprehensive plan consists of the Township's vision and goals for the future, as well as provides implementable actions to achieve the future vision and goals.

An authorized use that may be granted only by the Township Board of Supervisors after a public hearing, pursuant to express standards and criteria prescribed in this chapter, after review and recommendations from the Harborcreek Planning Commission and a public hearing conducted by the Township Board of Supervisors pursuant to public notice.

This refers to a type of ownership where an individual owns the unit within a building and may have a common interest in the property on which the structure is situated. Such owners assigned a shared interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned Community Act of 1996, as amended.[4]

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.

As a general rule, the Uniform Construction Code (UCC) requires a property owner or the owner's authorized representative/agent obtain a UCC construction or building permit before commencing any work and that the work be inspected in the following cases. Under the UCC, a building, structure, or facility cannot be used or occupied without a UCC certificate of occupancy first being issued. A building permit is distinct from a zoning permit.

A private legal restriction on the use of land contained in the deed to the property or otherwise formally recorded. Covenants held by the homeowner associations are not enforced by the Township.

A premises in which child day care, defined as the supervised care of children under age 16 outside of the children's own home for periods of less than 18 hours during the average day, is provided at any time for seven or more children unrelated to the operator. A child day care center must be licensed by the Pennsylvania Department of Human Services and shall follow all applicable provisions for child day care centers in the Title 55, Part V, Subpart D, Article I, Chapter 3270 of the Pennsylvania Code, as amended.

A restriction on the use of the land set forth in the deed or instrument of conveyance. Such restriction usually runs with the land and is binding upon subsequent owners of the property. The Township is not responsible for enforcing a deed restriction, unless the restriction resulted from a condition or stipulation of the subdivision or land development approval process.

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

A physical or mental condition that limits a person's movements, senses, or activities.

See definition of "beverage production establishment."

An area constituted by or pursuant to this chapter and delineated by text and map as location, extent, nature and contents.

A building, whether public or private, associated with a school, college, or university designed for, used, and arranged with rooms providing sleeping, studying, and living accommodations for students. Not to be considered a multifamily dwelling.

A building used as non-transient living quarters; that is occupied by the term "family," but not including a boarding house, group home, hotel, motel, hospital, nursing home, dormitory, fraternity house, sorority house, or recreational vehicle. May also be referred to as a "residence," "residential building," or "residential structure." This chapter organizes dwellings into the following types:

Any building or portion thereof which is designed and used exclusively for residential purposes of one family and includes complete kitchen and bathroom facilities.

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

A limited right to use the property of another. Common easements include driveways, private roads, or access to a landlocked property.

An establishment where meals are served to customers. Intended for customer to dine in, but can include take out and outdoor seating.

The lowest horizontal line of a sloping roof which may encroach within the required setback.

A vehicle that operates either partially or exclusively on electrical energy, provided by a rechargeable battery or other energy storage source, which can be charged by connection to the electric power grid. This term includes a battery electric vehicle, or plug-in hybrid vehicle.

Battery charging station equipment that is a designated area as an accessory use and has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

A building face, or scaled drawing of the same, from finished grade to the highest point on the structure.

A condition that (a) constitutes a clear and immediate danger to the health, safety, or welfare of the public; or (b) has caused, or is likely to cause, facilities in the rights-of-way to be unusable and result in loss of the services provided.

An area or facility used to house emergency response equipment and transport vehicles. Such equipment shall include firefighting trucks, ambulances, helicopters and any other equipment of similar purpose. Such facilities shall include what is commonly referred to as fire stations, police, emergency medical, emergency management agency and ambulance heliports and may include communication towers and equipment.

A variety of equipment or facilities that are used to produce, store, transmit, or distribute energy. This includes facilities that are involved in the exploration, development, conversion, processing, or transportation of energy resources. It also includes facilities that manufacture, produce, or assemble equipment, machinery, products, or devices that are involved in these activities. This definition is intended for solar and wind farms.

A notice as provided in Section 616.1 of the Pennsylvania Municipalities Planning Code, as amended,[5] or in this chapter, sent by the Township to the owner or occupant of record of a lot on which a violation of this chapter has occurred.

The Zoning and/or Code Official appointed by the Township Supervisors to enforce all ordinances within the jurisdiction of Harborcreek Township.

Includes built, constructed, reconstructed, moved upon or any physical operations on the land required for the building. Excavation, fill, drainage and the like shall be considered part of the erection.

The erection, construction, alteration or maintenance by public utilities or municipal departments, authorities, or commissions of: underground gas, underground or aboveground electrical, telephone, cable television transmission or distribution systems; and public water, public sanitary sewer and public storm sewer facilities including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and similar equipment of maintenance depots.

The erection, construction, alteration or maintenance by public utilities or municipal departments, authorities, or commissions of building or structures necessary for the furnishing of adequate services for public health, safety, and general welfare such as water and sewer pump stations, water storage towers, electrical substations, natural gas regulator stations, telephone substations or similar type structures, but excluding office buildings, the outside storage of equipment or maintenance depots, communication towers and communication antennae.

A publicly or privately owned structure or area used for the purposes of public performances, sporting events, private receptions or parties, or similar attractions that may generate heavy traffic and provides no overnight accommodations.

A pet which is relatively rare or unusual to keep or is generally thought of as a wild species.

Federal Aviation Administration.

The exterior wall of a building exposed to public view or that wall viewed by the persons not within the building.

Any number of individuals related by blood, marriage, legal guardianship, licensed or court-appointed foster care or legal adoption, who maintain one common household and reside in one dwelling unit. The definition also includes any number of persons possessing a handicap within the meaning of the Fair Housing Act (42 U.S.C. § 3602(h), or successor legislation) who reside in one dwelling unit and live and cook together as a single housekeeping unit. A roomer, boarder or lodger is not considered a family member.

See "agricultural use."

Any building or structure used for agricultural purposes. These types of buildings/structures are exempt from a building permit.

The seasonal selling or offering for sale at retail of vegetables or produce, flowers, orchard products and similar non-animal agriculture product occurring in a predesignated area where the vendors are individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.

Installation of a man-made barrier of any material or combination of materials to provide privacy or separate areas. While posts are part of the fence, posts themselves are not considered a fence.

A 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. This definition does not include farmers markets, which are restricted to only the sale of produce, flowers, and similar agricultural products.

Areas that the Federal Emergency Management Agency (FEMA) defined according to varying levels of flood risk. The zones are depicted on the Flood Insurance Rate Map (FIRM). Each zone determines the severity or type of flooding. Refer to the Township's Floodplain Ordinance for detailed regulations.[6]

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

The channel of a creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

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

The cultivation and management of ornamental and flowering plants.

A licensed, self-contained, accessory motorized vehicle or mobile food unit (a trailer that does not travel under its own power), that is temporarily permitted to park in a designated area of an established principal use for the service of food and/or beverages, in a location approved by the owner of the lot. A certificate from the Department of Agriculture and Department of Health is required. The truck or trailer shall not impede the flow of traffic. A use certificate is required prior to selling.

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. Pursuant to Section 603f of the PA Municipalities Planning Code,[7] forestry shall be a permitted use by right in all zoning districts.

A group of college students that are part of an organization associated with the school for social purposes. Students may live together in a household.

A building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming, and the performance of other services used in the preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation.

A temporary event to sell used household goods from a single-family dwelling, an accessory building, or a yard area. Garage sales are a permitted temporary accessory to a single-family dwelling, provided that no such sales exceed seven days in duration, and no more than 14 days of such sales occur within any calendar year from the premises.

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

A public building or structure where motor vehicles can be temporarily stored or parked for a fee.

A facility supplying and selling gasoline, diesel, natural gas, or other fuel for motor vehicles directly from pumps and storage tanks and/or electric vehicle charging stations, which may include a convenience store and accessory facilities for additional services, such as a one-bay car wash.

A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards.

The Township Board of Supervisors of Harborcreek Township, Erie County, Pennsylvania.

A residential facility (typically single-family dwelling unit) licensed by the Pennsylvania Department of Human Services, to provide room, board and supervised care, but not continuous nursing care, for children under the age of 18, individuals 62 or older and/or persons with one or more disabilities. This definition shall not include a facility housing persons released from or under the jurisdiction of a government bureau of corrections or similar institution. In addition, the term does not include current legal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802).

An unusual situation or condition that relates to a particular property and which denies the property owner full or reasonable use of his property if strict enforcement of the Zoning Ordinance is followed. A hardship exists only when it is not self-created or when it is not economic in nature. In other words, a true hardship exists only when the literal interpretation and/or enforcement of the zoning regulations would place a property owner or individual in an unusual situation and, in doing so, would deny him the right to use his property for any permitted use or create an unnecessary burden on him. Also see the Pennsylvania Municipalities Planning Code.[8]

The vertical distance measured from the ground level, including any based pad, to the highest point on a tower-based WCF, including antenna mounted on the tower and any other appurtenances.

An area used by helicopters for passenger and cargo facilities, maintenance and overhaul, fueling service, storage space, tie-down space, hangars and other accessory buildings and open spaces.

An area on the ground used by helicopters for the purpose of picking up or discharging passengers, refueling, storage space and hangars, but not including maintenance or overhaul.

An accessory use to a portion of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services. The use (home occupation) is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the uses permitted in the zoning district of which it is a part. Home occupations are permitted as conditional uses in accordance with Article XVII.

The science and act of growing fruits, vegetables, flowers, or ornamental plants.

An institution providing medical and surgical treatment and nursing care for sick or injured people as an inpatient or outpatient.

A facility offering transient lodging accommodations to the general public which may provide additional services, such as restaurants, meeting rooms and recreational facilities. The structure(s) may have an interior hall and lobby with access to each room from such or may be accessed from an outside door.

A surface that prevents the infiltration of water into the ground. Impervious surface (or areas) includes, but is not limited to: roofs, buildings/structure footprint, patios, garages, storage sheds and similar structures, parking or driveway areas, and any new streets and sidewalk. Any surface areas proposed to initially be gravel or crushed stone shall be assumed to be semi-impervious surfaces.

A planned, coordinated development of a tract of land designed to contain two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis.

The production, by mechanical or chemical transformation, of raw materials into refined materials or new products, manufacturing processes that do not meet the definition of light industry. Heavy industry includes, but is not limited to, steel production, coke production, oil and gas production and refining, ethylene production, cracking of ethane or propane, incineration, motor vehicle assembly, aerospace manufacturing, and shipbuilding. No process involved will produce air pollution, fire hazard or emissions, noxious fumes or other related dangerous conditions to neighboring properties.

The process of manufacturing small finished goods, by which less potential exists for air, water, soil, noise, and light pollution than with heavy industry. Light industry includes, but is not limited to, the manufacture or processing of food and beverage products, pharmaceuticals, electronic devices, precision instruments, household appliances, machine tools, optical goods, personal care products, wood and paper products, home and office furnishings, printed materials, ceramics, glass products, jewelry and personal accessories, apparel, lightweight non-ferrous metal casts and dies, light sheet metal products, film, games and toys, and plastic goods. No process involved will produce air pollution, fire hazard or emissions, noxious fumes or other related dangerous conditions to neighboring properties.

A non-profit organization, society or corporation established within or outside of the community, especially one of a public character for the purpose of promulgating the health, welfare and well-being of the community. This definition includes schools, universities, and colleges.

A triangular area of unobstructed vision on corner lots formed by a 100-foot sight line along the centerline of a secondary or primary road, by a 75-foot sight line along the centerline of a local street and by a line joining these two sight lines at the greatest distance from their intersection.

Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, bailing, disposal, or other use or disposition; includes any discarded material or article, including, but not limited to, scrap metal; scrapped, abandoned, or junked vehicles (including boats, trailers, and recreational vehicles); the storage of vehicles which are not operable but which are being stored so that their parts can be removed; tires; vehicle parts; machinery; equipment; glass; paper; containers; rags; metal; building materials; household appliances; brush; wood; lumber; food waste; garbage; solid waste; leaf, grass, tree, or shrubbery waste or recyclable materials. The term does not include municipal waste, recyclable materials and leaf waste kept in a proper container for the purpose of prompt and proper disposal.

A motor vehicle not in running condition, stored in the open, not being restored to operation, unlicensed and without a current Pennsylvania State inspection sticker.

An area of land where junk as defined herein is stored (primarily outdoors), collected, dismantled, scrapped, and/or processed for sale, salvage, or disposal. The outdoor storage of unlicensed, uninspected, wrecked, or inoperable vehicles on a lot, other than that used for "auto, boat and/or mobile/manufactured home sales or rental" or an "auto repair or garage," or any inoperable appliance, shall be considered a junkyard.

An establishment, abiding in accordance with the regulations of the Commonwealth of Pennsylvania, in which dogs or domesticated animals are housed, boarded, or trained. A nonprofit animal shelter is considered a type of kennel, but a pet grooming establishment is not intended to be a kennel.

A steep slope or rounded cliff that overlooks a body of water, such as a lake. Bluffs are usually formed from sediment like clay, sand, and gravel, and are subject to erosion. See Harborcreek Township Lake Bluff Setback Ordinance No. 81-89.[10]

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

A place to dispose of refuse and other waste material by burying it and covering it with soil, especially as a method of filling in or extending usable land.

A business premises equipped with individual clothes washing machines for the use of retail customers or providing a clothes cleaning service through dry cleaning or other methods, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

A facility that is used for the collection of literary, artistic, musical or similar materials in the form of books, recordings, displays and films for public use.

Domestic livestock means horses, cattle, swine, sheep, goats, rabbit, poultry, fowl and furbearing animals excluding household pets. For purposes of this chapter, chickens shall be defined as hens; no roosters, no ducks, geese, turkeys, or other fowl shall be permitted unless as part of a farm permitted under agriculture.

An area abutting the building specifically designed for the loading and unloading of trucks and vehicles, and which has convenient access to a storage location within the building.

An off-street space or berth on the same lot with a building or contiguous to a group of buildings, from the temporary stopping of commercial vehicles while loading or unloading merchandise or materials and which abuts upon an alley, street or other appropriate means of access, and which is not less than 12 feet wide, 45 feet in length and 15 feet in height.

A designated area of land established by a plat or deed and is assigned an Erie County Tax ID number. May also be referred to as a parcel. See Appendices for illustrations.[11]

Designated areas of land or waterfront specifically intended for commercial activities related to boating, watercraft storage, and related services. These may include facilities such as docks, piers, moorings, boat ramps, fueling stations, boat repair and maintenance facilities, marine supply stores, restaurants, and other commercial establishments catering to boaters and waterfront visitors.

Marijuana for certified medical use as set forth in the Medical Marijuana Act of 2016.[12]

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 in accordance with the Medical Marijuana Act of 2016.

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.

An authorization issued by the Pennsylvania Department of Health to a medical marijuana organization to conduct activities under this Act.

A system of describing and identifying land by measures (metes) and direction (bounds) from a point of reference.

See definition of "beverage production establishment."

A single development of more than one building and use, where the different types of land uses, excluding single-family dwellings, are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

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

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use, consisting of two or more mobile home lots.

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 junctions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

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

A use, whether of land or of structure, which does not comply with the applicable use provisions of this chapter or amendments heretofore or 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.

A person or party who does not have a permanent place of dwelling within the community as defined by a local post office address and/or registration to vote within the community.

A proprietary or a non-profit facility licensed by the State of Pennsylvania for the accommodation of convalescents of chronically ill persons, in which nursing care and medical services are prescribed by, or are performed under the general direction of, persons licensed to provide such care or services in accordance with state laws.

An unoccupied space open to the sky.

The use of any building or land area for the display and sale of one or more of the following in operable condition: new and used automobiles, mobile/manufactured homes (in livable condition), recreation vehicles, trailers, farm machinery, equipment, motorcycles, construction vehicles, other motorized vehicles, and boats.

A zoning district that encompasses one or more underlying zones and imposes different requirements above those required by the underlying zoning.

The duly authorized agent, attorney, purchaser, devisee, fiduciary or any person having vested or equitable interest in the lot in question.

An area of land maintained generally in an open manner for the use of the public and may contain active or passive recreation facilities.

An off-street space having an area of not less than 200 square feet, whether inside or outside of a structure, for the temporary parking of automobile vehicles. Such space is to be used exclusively as a parking stall for one vehicle, plus 150 square feet used exclusively for turning and access to the parking stall or space.

A patio constructed at "grade level" and with no roof or walls and may extend into any required yard space. However, at any point in the future, only that portion of the patio that is within the required building setback lines may be enclosed by applying for a building permit.

A parking, loading, or other vehicular driving or storage surface area constructed of asphalt, concrete, brick, paving block, or similar type hard surface material. Gravel and other loose aggregate shall not be considered a paved surface.

A use permitted by right.

An establishment that provides a service oriented to the personal needs of the general public and which does not involve retail or wholesale sales or services to businesses. "Personal services" include, but are not limited to, barber- and beauty shops, health/day spas, tanning salons, yoga studios or small fitness studios, optometrists' offices and accessory eyeglass shops, photography studios, travel agencies, retail tax preparation services, shoe repair shops, household appliance repair shops, physical therapy, and other similar establishments, but shall not include any adult-oriented establishments.

A business activity that is operated and conducted within an enclosed building and includes grooming and/or washing of pets (domestic animals) and may include pet training.

A formal request made to the Township Board of Supervisors for a zoning map change or to vacate a paper street.

A public or private lot of land, building or structure that is designed for the assembly or collection of persons, for civic, political, religious, educational, social purposes and where recreation, amusement or dining occur as accessory activities.

A structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor. Such use shall be categorized as light industrial dependent upon the specific nature of its operations.

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of this chapter. Such developments usually include a more compact arrangement of individual and/or multifamily dwelling units, grouped in or around common open spaces or green areas. Also, they may include such uses as public and semi-public uses and recreational facilities (noncommercial), provided they are functionally integrated into the development and that the character of the development conforms to the purpose and intent of the ordinance. In general, such development projects shall include the necessary covenants or other legal provisions and financial programs to meet the requirements of the proposed development plan.

Appointed by the Township Board of Supervisors to serve as volunteers on the commission to make recommendations on zoning and planning ordinances and studies.

A map, plan or layout of a subdivision indicating the location and boundaries of individual properties.

A structure that may have a roof, projecting from the front, side or rear wall of a building. For the purpose of the Zoning Ordinance, a porch is considered a part of the principal building and is not permitted to extend into any required yards.

Two or more portable units designed and built to be towed on a chassis and permanently joined on-site to form a single immobile dwelling unit and having a minimum of 1,250 sq. ft. of habitable floor area; shall be regarded as a single-family detached dwelling.

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

The structure or portion thereof housing the main use of the land.

The major dominant use of the lot on which it is located.

The office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential occupation, shall be conducted entirely within a residential building, and shall include only the offices of doctors or physicians, physical therapists, dentists, optometrists, ministers, architects, professional engineers, lawyers, artists, authors, musicians and such other professional occupants which may also be designated by the Zoning Hearing Board upon finding by the Board that such occupation is truly professional in character and may virtue the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulations of any gainful occupation need not be deemed indicative of professional standing.

Whenever used within this Zoning Ordinance, the property line is deemed to be the line or boundary of a lot or parcel as represented and defined on Erie County Tax Assessment records, except to the extent that a survey, or other formal indicia, or evidence, prepared by a licensed surveyor in the Commonwealth of Pennsylvania shall be acceptable proof of the boundary line or property line so long as the lot or parcel owner and the Erie County Tax Assessment office reach an agreement based on the survey or evidence offered and the official maps of Erie County are modified to reflect the change of the "property line."

A meeting open to the general public held pursuant to proper "public notice" as defined by the Pennsylvania Municipalities Planning Code.[13]

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 be not more than 30 days or less than seven days from the date of the hearing.

An establishment where the principal enterprise or activity involves the provision of indoor recreational, amusement, and leisure activities, such as, but not limited to: fitness training, athletic courts, ice rinks, roller skating rinks, indoor playing fields, indoor swimming pools, bowling alleys, arcade games, indoor mazes, indoor play structures and ball pits, escape rooms, indoor riflery or archery, indoor batting cages, and indoor golf.

An establishment where the principal enterprise or activity involves the provision of outdoor recreational, amusement, and leisure activities, such as, but not limited to: tennis courts, sand volleyball courts, miniature golf courses, driving ranges, outdoor riflery or archery, outdoor batting cages, playing fields, outdoor swimming pools, beaches, and bumper car tracks, but not to include "golf courses" as defined herein.

A business establishment that rents vehicles, equipment, and tools, party supplies, tents, bicycles, or similar items for a limited period of time to final users.

A structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor. Such use shall be categorized as light industrial or heavy industrial dependent upon the specific nature of its operations.

A commercial use involving the sale of commodities and services directly to customers. This term is intended to encompass all uses involving retail sales that are not specifically provided for or are not general equivalents to uses that are specifically provided for. Where a use is specifically provided for, that specific provision shall control. This term does not include medical marijuana dispensaries.

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 storm sewer, or similar uses; typically R-O-W includes the paved cartway (road) plus an additional 10 to 12 feet on either side of the cartway.

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

A building arranged or used for sheltering more than three but not more than 20 individuals who are not members of the resident manager's family. Shelter is provided in return for compensation and meals may or may not be provided. A rooming house shall also include a boarding or lodging house.

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

Any liquid waste containing animal or vegetable matter in suspension or solution or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water-carried waste of human origin or containing putrescible material.

A facility offering educational instruction at one or more levels from pre-kindergarten through grade 12, that is licensed or otherwise sanctioned by the PA State Board of Education.

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

A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.

The distance of separation between a building and a property line, other building, or other feature. Setbacks are intended to apply to buildings, including principal and accessory. Other than structures attached to buildings (which shall comply with the general setback regulations), structures that do not need to comply with setbacks include: fences, landscape features, playground equipment, flagpoles, HVAC units, driveways, sidewalks, basketball hoops, concrete or paved pads at grade, or at-grade patios. See Appendices for illustration.[14]

A system of sewage collection, conveyance, treatment and disposal that will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste.

A cohesive unit of two or more stores or other commercial businesses arranged and constructed according to a plan and contained within a separate parcel of land.

A dwelling unit owned or managed by a person or entity which is rented or leased to a transient visitor for a period of less than 30 days. This term shall not include hotel/motel as that term is referenced in this chapter.

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

A use that has the same characteristics as the specifically cited use in terms of trip generation and type of traffic, parking and circulation, and building size. The use shall not conflict with the Zoning Ordinance's general purpose and intent.

Intended for personal use and is accessory to a principal residential or commercial use to solely be used to generate power (without regard to any excess power generated going to a power grid). The development (includes all structures and turbines) shall not exceed the maximum lot coverage of the zoning district in which it is located.

Any establishment, other than an outdoor recreation facility operated by a private organization for recreational, educational, fraternal, or social purposes, but only open to members and their guests and not to the general public.

The approval or permission granted to an applicant to use their land for a purpose other than what is generally permitted by right in that district by the Zoning Hearing Board after a public hearing if certain standards and conditions are met.

An entity that provides its members with opportunities for hunting, fishing, or shooting.

Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land.

Any establishment where horses are boarded and cared for and where instruction on riding, jumping, and/or showing is offered and where horses may be hired for riding.

A covered or uncovered area at a front, side or rear door not exceeding four feet by five feet or 24 sq. ft. in area.

The process of controlling stormwater runoff that comes primarily from impervious surfaces like parking lots, driveways, and rooftops.

The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is no ceiling, to the top of the roof rafters.

See "road/street."

The dividing line between the street and the lot, usually referred to as the right-of-way line.

A combination of materials that are built or constructed with a permanent location or attached to something that is intended to remain in one location; has a permanent location.

A combination of materials that are built, constructed, or pre-built such as dumpsters, storage pods, storage containers, and soft-sided structures and the intended use is temporary, meaning the structure is removed/taken down in two months or less per calendar year. Temporary structures over 224 sq. ft. shall meet setback requirements within the district in which it is placed.

The division, combining, consolidation or re-division of two or more lots, tracts or parcels of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development.

Shall be constructed of asphalt paving or similar material. Gravel, crushed stone, or similar material will not be acceptable as dust-free.

Any reasonably permanent pool, therapy spa, or open tank, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet. Such pool, therapy spa, or open tank shall be enclosed with a solid barrier of not less than four feet but not more than six feet in height. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

Shall include travel trailers, pickup coaches, motorized homes and recreational equipment as follows:

A use, other than a prison, providing housing facilities for persons who need specialized housing, treatment, and/or counseling and who need such facilities because of: criminal rehabilitation, such as a criminal half-way house, criminal transitional living facility or a treatment/housing center for persons convicted of driving under the influence of alcohol; chronic abuse of or addiction to alcohol and/or a controlled substance; or a type of mental illness or other behavior that can reasonably be expected to cause a person to be a threat to the physical safety of others.

An establishment, located on a lot no smaller than 10 acres, designed to serve the needs of professional drivers and the traveling public, which may include vehicle fuel and repair services, convenience and retail stores, and restaurants, and which may also include related services such as communication and delivery services, financial services, personal services, and amusement game establishments, but does not include a hotel or motel. The components of a truck stop may be freestanding or combined in a single building.

Any premises used by a motor freight company regulated by the public utility commission and/or the Interstate Commerce Commission as a carrier of goods, which is the origin and/or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods.

Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried out in a building or other structure on a tract of land.

A permit issued upon a change in use of a structure or a parcel of land or upon request therefor which certifies that the premises complies with the provisions of this chapter and which may be used for the purposes set forth in such permit or a temporary use located within the Township.

The occupancy of a building or of a lot for more than one use, such as: both a business and a residential use, both an industrial and a residential use, etc.

Permission granted by the Zoning Hearing Board for an adjustment to some requirement of the Zoning Ordinance which, if literally or strictly enforced, would result in an unnecessary hardship to a property owner by denying him the reasonable use of said property. The granting of a variance shall maintain the spirit and original intent of the Zoning Ordinance and shall not be contrary to the public interest. A variance applies only to that property for which it is granted. It may modify dimensional or land development standards or the permitted use requirements in order to prevent the unconstitutional taking of the applicant's property or denying the reasonable use of same (Also see definition of "hardship").

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.

A zoning violation for an owner, occupant, person in charge, or any other person to use or to permit another person to use property in violation this chapter, or to perform work for another person in violation of this chapter. Each day that a violation continues is a separate zoning violation.

An enclosed structure used for the storage of merchandise or commodities for an extended period of time, typically over 30 days and may include retail sales typically to retailers, business users, other wholesalers, or their agents or brokers.

An underground, or mound, or other conventional system type for the decomposition of waste. Septic systems require approval from the PA Department of Health. A waste disposal system permit is required prior to the issuance of a zoning permit.

Areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions including swamps, marshes, bogs, and similar areas. Any area meeting the official wetland definition of the US Army Corps of Engineers or the PA DEP, as amended, shall be considered a wetland for the purposes of this chapter. In the event the definition of wetland accepted by the US Army Corps of Engineers conflicts with the definition accepted by the PA DEP, the more restrictive definition shall apply.

A premises or plant where any alcohol or liquor is produced by the process by which wine is produced, or premises and plants wherein liquid such as wine is produced; and shall include the manufacture by distillation of alcohol from the by-products of wine fermentation when the alcohol so derived is used solely to fortify the fermented products, under such regulations as are or may be promulgated by the proper agency of the United States Government, and such alcohol, for that purpose only, may be sold or exchanged between wineries holding permits in this commonwealth, without restriction.

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

An open unoccupied space on the same lot with a building or structure. See Appendices for illustrations.[15]

A legal and administrative process whereby a municipality divides its territory into districts and applies to each district a number of regulations to control the use of land, the height and bulk of buildings, and the area of ground built upon.

The individual authorized by the Township Board of Supervisors to be the administrator of the daily application of the provisions contained in this Zoning Ordinance.

Approval under the provisions of this chapter, and/or the Stormwater Management Ordinance, Floodplain Ordinance, and/or Lake/Bluff Setback Ordinance[16] certifying that an application for development or application for zoning approval for use of a building has fulfilled the requirements of the ordinances. The applicant may be required to obtain a building permit depending on the project.

A quasi-judicial body that renders decisions on specific types of land use appeals and applications, such as variances, special exceptions, and decisions by the Zoning Administrator. Members are appointed by the Township Board of Supervisors to serve as volunteers.

A permit issued that indicates that a proposed use, building, structure or activity is in accordance with the provisions of this chapter and other applicable ordinances and regulations of the Township, and which authorizes the applicant to proceed with such use, construction or other activity. The zoning permit shall be the means by which the Township regulates use or activities other than construction and other actions expressly regulated by the Uniform Construction Code, but which otherwise govern such activities. Action on a zoning permit that relates to regulations of this chapter shall be subject to appeal under this chapter. Action on a zoning permit that relates to regulations under other laws or ordinances shall be subject to review as specified in such laws and other ordinances.