[Ord. No. 8-9-2005, 8/9/2005, § 1301; as amended by Ord. No. 11-11-2014, 11/11/2014]
ABANDONEDThe visible or otherwise apparent discontinuance of a nonconforming use of a building or premises, or the removal of the characteristic equipment or furnishings used in the performance of a nonconforming use without its replacement by similar equipment or furnishings; or the replacement of the nonconforming use or structure.
ABANDONED MOTOR VEHICLEA motor vehicle that is inoperable and is left unattended on public property for more than seven days; or has remained illegally on public property for a period of seven days; or is left unattended on or along a public roadway without a valid registration plate, certificate of inspection, or title. For the purposes of this chapter, vehicles or equipment used or intended to be used in construction or in the operation or maintenance of public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned.
ABUTA. Physically touching or bordering on another lot, use, or district boundary; or
B. Sharing a common boundary line. (See also "adjoining.")
ACCESS DRIVEOther than a street, which provides vehicular access from a street or public road to a lot, i.e., a driveway.
ACCESSORY RESIDENTIAL USEFor the purposes of this chapter, an accessory residential use shall be defined as a residential dwelling unit which is accessory to the principal commercial use of a lot in the Urban Residential or General Commercial Districts, i.e., an apartment(s) located above or adjoining a retail establishment.
ACCESSORY SOLAR ENERGY SYSTEM (ASES)A solar collection 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. An accessory solar energy system consists of one or more free-standing 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.
[Added by Ord. No. 03-09-2021, 3/9/2021]
ADJOININGFor the purposes of this chapter, the term "adjoining" shall be defined as the sharing of all or part of a common lot line with another lot or parcel of land. (See also "abut.")
ADULT ENTERTAINMENT FACILITYAdult bookstores, adult theaters, adult cabarets, adult massage parlors, and similar establishments providing entertainment of a sexual nature.
A. ADULT BOOK STOREAn establishment which has a substantial or significant portion of the its stock-in-trade as books, video tapes or compact discs, magazines or other periodicals which provide entertainment of a sexual nature.
B. ADULT CABARETA club, bar, tavern, restaurant, or other establishment which features go-go dancers, strippers, male or female impersonators, or similar entertainers whose performance is of a sexual nature.
C. ADULT DRIVE-IN THEATERAn establishment showing sexually explicit motion picture films to patrons who remain seated in their automobiles or motor vehicles.
F. ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for showing sexually explicit motion picture films to patrons.
AGENTAny person, other than the landowner of a lot, who, acting under specific authorization of the landowner, submits plans, data and/or applications to the Zoning Officer or other designated Township official for the purpose of obtaining approval thereof.
AGRI-BUSINESSAn independent business, not subsidiary to an agricultural operation located on the same tract of land, which is related to the processing or sale of agricultural products or supplies, or the sale and/or repair of agricultural equipment
AGRICULTURAL BUILDINGA detached accessory structure, whether fully or partially enclosed, intended to provide housing, shelter, enclosure or support for animals, farm equipment, farm supplies or produce, grain, feed, etc. Such building shall be incidental and accessory to the type of farming activities conducted upon the property containing the building or on other properties owned or leased by the same farmer, and shall not be used for residential purposes.
AGRICULTUREThe use of land for agricultural purposes, including crop farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, aquaculture, forestry, animal and poultry husbandry, and the accessory buildings or structures used for packing, treating, or storing that which is produced; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities. (See also "agri-business" and "farm-related business.")
AGRITAINMENTSee "agritourism."
[Added by Ord. No. 03-09-2021, 3/9/2021]
AGRITOURISMAn enterprise that includes entertainment; concerts; educational tours; celebratory gatherings such as weddings; historical agricultural exhibits and seminars; petting farms; outdoor mazes of agricultural origin (such as straw bales or corn); wagon, sleigh, and hayrides; nature trails; outdoor picnic areas; and the use or rental of farm buildings for periodic special events or competitions, such as horse shows, barrel racing, rodeos, tractor pulls, and other similar uses.
[Added by Ord. No. 03-09-2021, 3/9/2021]
AIRCRAFTAny contrivance, except an unpowered hang glider or parachute, used for the ascent into or flight through the air.
AIRPORTAny area of land or water which is used, or is intended to be used, for the landing or take-off or aircraft and any appurtenant areas which are used, or are intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with all facilities thereon. For the purposes of this chapter, the term airport may also include facilities designated as heliports or those facilities which can only be used by rotary wing aircraft, as well as private airports.
AIRPORT HAZARDAny structure or object, natural or man-made, or use of land which obstructs the airspace required for flight of aircraft in landing or take-off at an airport or is otherwise hazardous to the landing or take-off of aircraft.
AIRPORT HAZARD AREAAn area of land or water upon which an airport hazard might be established if not prevented.
ALLEYA permanent service way providing a secondary means of access to lots. For the purposes of this chapter, all alleys shall be considered to have a minimum width of 20 feet, unless otherwise stated or recorded.
ALTERATIONAs applied to a building or structure, an alteration shall be defined as a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or increasing in height, or the moving from one location or position to another. For the purposes of this chapter, alteration shall not be defined to include maintenance or other repair activities.
AMENDMENTA. The process set forth by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., for changing or altering the provisions of this chapter or the boundary of any zoning district shown on the Zoning Map (see also §
27-1101); or
B. The actual change or alteration proposed for this chapter, text or map.
AMUSEMENT ARCADEA retail establishment whose principal business is offering to patrons mechanical, electrical, or video amusement devices or games, such as pinball machines, ping pong, darts, shooting galleries, or similar devices and games.
ANIMAL EQUIVALENT UNITOne thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. (See the Pennsylvania Nutrient Management Act, 3 Pa.C.S.A. § 501 et seq., for a listing of standard animal weights.)
ANIMAL HOSPITALAn establishment where animals are given medical or surgical treatment and may be boarded for short-term care incidental to their treatment.
ANIMAL HUSBANDRYFor the purposes of this chapter, animal husbandry shall be defined as the raising or keeping of livestock and/or poultry for capital gain or profit or with the intent of selling any livestock or poultry products as a commercial enterprise, including custom butchering. (The housing or raising of livestock or poultry or household pets for personal use or enjoyment pursuant to regulations of this chapter shall not be considered animal husbandry. See also §
27-423.)
APARTMENTA single dwelling unit located within an apartment building or within a residence converted for additional residential use. (See also "accessory residential use and conversion apartment.")
APARTMENT BUILDINGA dwelling structure containing three or more dwelling units, with or without independent outside access, excluding single-family attached dwelling structures as defined above, i.e., multifamily dwelling structure.
APPLICANTThe person or entity filing an application under this chapter.
AREAThe surface included within a set of lines:
A. AREA, LOTThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement.
B. AREA, BUILDABLEPortion of a lot bounded by the required front, side and rear yards.
C. AREA, SITEThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
AUTOMOTIVE SALES FACILITYAny building or land area used for the display and sale of new or used automobiles or other motor vehicles, including warranty repair or associated work.
AUTOMOTIVE SERVICE STATIONA building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substances, batteries, tires, and other automotive accessories are supplied and dispensed to the motor vehicle trade, at retail, and where minor repair service may be offered. (See also §
27-416.)
AUTOMOTIVE, REPAIR GARAGEA building or structure used primarily for making major repairs to motor vehicles (automobiles, motorcycles, trucks, farm machinery or equipment, and/or snowmobiles), including overhauling, body work, painting, refinishing and upholstering, as well as incidental servicing and maintenance. (See also §
27-416.)
BANKSee "financial institution."
BARA building or structure, or portion thereof, used primarily for the sale or dispensing of liquor or alcohol by the drink. For the purposes of this chapter, a bar shall also include those facilities selling bottled goods, either as a principal or accessory use. (See also "tavern.")
BARRIER NETTINGAn obstacle made of plastic, vinyl or other similar materials used as a protective shield to provide security, protection, safety or prevent injury or protect goods or property.
BASEMENTA. That portion of a building partly underground but having less than half of its clear height below the average lot grade; or
B. For floodplain management purposes, a basement shall be that area of a building or structure having its floor subgrade (below ground level) on all sides.
BED-AND-BREAKFAST ESTABLISHMENTAn establishment, dwelling, or part thereof, in which individual rooms are offered for temporary lodging purposes by the owner or operator for limited periods of time. Breakfast or other meals may also be provided for overnight guests as a part of the lodging fee. (See also §
27-414.)
BOARD OF SUPERVISORSThe elected Board of Supervisors of Hemlock Township, Columbia County, Pennsylvania.
BUFFER YARDYard space, either landscaped or planted, provided between high intensity activities and residential uses. (See also §
27-506.)
BUILDINGA structure having walls and a roof which is used for the shelter, housing or enclosure of persons, animals, or property. The word "building" shall include any part thereof. Included shall be all mobile or manufactured homes and trailers to be used for human habitation.
A. BUILDING, ACCESSORYA detached, subordinate structure located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
D. BUILDING, DETACHEDA building which has no common walls and is surrounded by open space on the same lot.
BUILDING COVERAGEThat percentage of the plot or lot area covered by the principal and accessory buildings, including porches, patios, decks, carports, and breezeways, but excluding swimming pools, unenclosed parking or loading areas.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the finished grade of the ground surrounding the building to the highest point of the roof, excluding chimneys, spires, and similar projections which may be attached to the building. (See also §
27-504.)
BUILDING LINEThe required setback (front, side, or rear) of a building from a property line.
BUILDING SETBACK LINEA line established by the required minimum front yard setback from the street right-of-way or front lot line for buildings and/or structures. The building setback line shall be the point at which minimum lot width is measured.
CAMPGROUNDA tract or tracts of ground, or portion thereof, used for the purpose of providing two or more spaces for recreational vehicles or tents for camping purposes, with or without a fee charged for the leasing, renting, or occupancy of such space. Such facility may also include a recreational vehicle park. (See also §
27-426.)
CARTWAYThe surface of a street or alley available for vehicular traffic or the area between curbs.
CASINOA public room or building where gambling games are played.
[Added by Ord. No. 03-09-2021, 3/9/2021]
CELLARA portion of a building partly underground, having half or more than half of its clear height below grade. For the purposes of this chapter, a cellar shall not be considered in calculating gross floor area nor shall it be used for dwelling purposes.
CEMETERYProperty used for the interring of the dead.
CERTIFICATE OF COMPLIANCEThe certificate required by this chapter which indicates that all work authorized by the project's zoning permit has been satisfactorily completed, or in a case involving no construction, a proposed new use is in compliance with the terms of this chapter.
CERTIFICATE OF NONCONFORMANCEA certificate issued by the Zoning Officer which acknowledges the existence of a nonconforming use, structure or lot as of the effective date of this chapter, thereby authorizing its right to continue until it is eliminated or abandoned.
CHANGE OF USEAn alteration of a building or a change of use existing within a building or on a lot to a new use which imposes other provisions of this chapter.
CHURCH or PLACE OF WORSHIPA building or structure, or group of buildings or structures, which by design and construction are primarily intended for conducting organized religious or worship services, and uses customarily accessory or incidental thereto. For the purposes of this chapter, uses such as schools, child nursery or day care facilities, social halls or similar places of assembly associated with the church or place of worship shall require separate consideration and approval by Township officials.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street or driveway intersections defined by lines of sight between points at a given distance from the intersection of the street and/or driveway center lines.
CLINIC, MEDICAL OR DENTALFor the purposes of this chapter, a medical or dental clinic shall be defined as an establishment housing two or more physicians, dentists, psychologists, social workers, or similar health care providers, where patients are received for examination or treatment, but where no surgery is performed and no patients are lodged overnight. (See also "medical center.")
CLINIC, VETERINARYFor the purposes of this chapter, a veterinary clinic shall be defined as an establishment housing one or more veterinarians where animals are examined and treated, but where no boarding related to such treatment is provided. (See also "animal hospital.")
CLUBS or FRATERNAL ORGANIZATIONSAn organization catering exclusively to members and their guests in premises or buildings for social, recreational, or administrative purposes, which are not conducted for profit. Clubs shall include but need not be limited to service organizations, fraternal organizations, as well as social, athletic, or similar groups.
COMMON WALLA wall on an interior lot line or a wall adapted for joint service between two buildings, i.e., a party wall.
COMMUNICATIONS ANTENNAS, TOWERS, AND/OR EQUIPMENT BUILDINGSAll forms of antennas, dishes, or devices, and the poles, masts, towers, or other structures which support them, as well as all equipment buildings which may be necessary for the operation or maintenance of such uses, except that those communications facilities utilized by government agencies or those regulated by applicable public utility laws shall be exempt. Privately owned and operated communications antennas, including residence-mounted satellite dishes and television receiving devices, and ham or citizen band radio antennas, shall also be exempt from the regulations of this chapter. (See also §
27-428.)
COMPLETELY DRY SPACEA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONDITIONAL USEA principal use allowed in certain districts, as provided for in Part
3, which may only be authorized by the Township Supervisors as set forth in Part
11 of this chapter, after review and recommendation of the Township Planning Commission.
CONDOMINIUMA building, or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONSERVATION AREASLand area used for game lands, wildlife or nature preserves, or similar activities.
CONTINUING CARE RETIREMENT COMMUNITYA state-licensed retirement "community" designed to provide a broad range of life care options for residents, from independent living, usually in an apartment or cottage, to a higher level of care, such as personal care or nursing home facilities. Residents move between levels of care as their needs change, and various services and activities are provided through a contractual arrangement for the lifetime of the resident.
CONTRACTOR'S SHOP AND YARDA building or group of buildings and space used for the storage of construction equipment and/or building materials. Such uses may also include equipment repair facilities and office space associated with the contractor's operation.
CONVENIENCE MARKETA retail establishment selling a limited range of food products and some household or other consumer goods. Such facilities generally offer fewer items and maintain a smaller, inventory of merchandise than a supermarket or grocery store. In some cases, gasoline and related automotive supplies are also offered in a self-service basis.
CONVENIENCE PLAZAA retail establishment contained in one or more buildings offering a variety of products and services to the traveling public, including consumer goods or merchandise, gasoline or related automotive supplies, food and beverages, as well as ATM or similar convenience services. For the purposes of this chapter, such products and services may be offered by a single owner/operator or may be provided by multiple retailers.
CONVERSION APARTMENTA dwelling or other building existing at the effective date of this chapter which is converted for residential occupancy by more than one family. The specific number of permitted dwelling units shall be as set forth in §
27-404 of this chapter.
COUNTYColumbia County, Pennsylvania.
DAY-CARE CENTERFor the purposes of this chapter, a day-care center shall be defined as a private facility enrolling more than 12 young children where tuition, fees, or other forms of compensation for the care of the children is charged and which is licensed, inspected, and approved to operate as a child day-care center by the Pennsylvania Department of Public Welfare. Such facilities may also provide care for adult, elderly or handicapped persons. (See also §
27-413.)
DENSITYThe number of families, individuals, dwelling units, or housing structures permitted to be constructed or situated on a specific unit of land.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of the landowner, who makes or causes to be made a subdivision or land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of mobile homes or manufactured housing; streets, and other paving; utilities; filling, grading, and excavation; mining; dredging or drilling operations; storage of equipment or materials; and the subdivision of land.
DISTRICTA zoning district as laid out on the Zoning Map, along with the regulations pertaining thereto.
DRIVEWAYA minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.
DUPLEXA dwelling structure containing two independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement or cellar, i.e., a two-family dwelling.
DWELLINGA building, structure, or shelter designed for or occupied exclusively as the residence or sleeping place of one or more persons.
DWELLING UNITOne or more rooms in a dwelling structure designed for use by one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. Recreational vehicles, lodging facilities, rooming or boarding houses, or personal care or nursing homes shall not be considered as dwelling units for the purposes of this chapter.
EASEMENTA defined right of use or privilege granted for a limited use of land, usually for a public or quasi-public purpose.
ELECTRIC CAR CHARGING STATIONA battery charging station which provides the transfer of electric energy to a battery or other storage device in a vehicle.
[Added by Ord. No. 12-12-2017, 12/12/2017]
ENCLOSED USEA use which is located entirely within a building or structure.
ENTERTAINMENT FACILITY, PUBLICAn indoor facility operated as a business for profit, open to the public, for the purpose of providing entertainment including, but not limited to, bowling alleys, roller skating rinks, amusement arcades, motion-picture theaters, health clubs, and similar types of establishments, but excluding adult entertainment facilities as defined herein.
ESSENTIALLY DRY SPACEA space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FACILITY OWNERThe entity or entities having an equity interest in the wind or solar energy facility, including their respective successors and assigns.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
FAMILYOne or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit, but not including group quarters such as dormitories, sororities, fraternities, student housing, convents and communes.
A. Occupancy by any of the following shall be deemed to constitute a family:
(1) Members of a single family, all of whom are related within the second degree of kinship (by blood, adoption, marriage or civil union).
(2) A "functional family unit" as defined in paragraph .B below.
(3) Persons with disabilities, as so defined in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.
(4) A state registered or licensed day-care facility serving six or fewer children.
B. For purposes of this definition of a family, a group of adults living together in a single-family dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neighborhoods shall be regarded as a "functional family unit" and shall also qualify as a family hereunder. In determining whether or not a group of unrelated adults is a "functional family unit" under the standard set forth above, the following criteria must be present:
(1) The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functioning family unit.
(2) The household must have stability with respect to the purpose of this chapter. Evidence of such stability may include but not be limited to the following:
(a) Minor dependent children regularly residing in the household and school-age children are enrolled in the local schools.
(b) Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses and sharing in the preparation, storage and consumption of food.
FAMILY DAY CARE HOMEA family residence where care is provided for no more than six children unrelated to the resident household and which is registered by the Pennsylvania Department of Public Welfare to provide such tare.
FARMFor the purposes of this chapter, a farm shall be defined as a parcel of land containing 10 or more acres which is used for agricultural purposes or activities. (See also "agriculture.")
FARM-RELATED BUSINESSFor the purposes of this chapter, a farm-related business shall be defined as a commercial enterprise conducted on a farm which is related to or supportive of an ongoing agricultural operation located on the same tract (See also §
27-430.)
FENCEAny combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within. For the purposes of this chapter, a fence shall be considered to be a structure and shall therefore require a zoning permit prior to its placement or erection. (See also §
27-505, Subsection
3.)
FILLA. Any act by which earth, sand, gravel, rock or other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of a stripped surface and shall include the conditions resulting therefrom;
B. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; or
C. The material used to make a fill which is in turn used to elevate or floodproof a building or structure.
FINANCIAL INSTITUTIONFor the purposes of this chapter, a financial institution shall include, but need not be limited to, a bank, credit union, loan company, or other lending institution, including drive-in windows, automated teller machines, and similar night deposit facilities.
FIRE STATIONAny building or structure used primarily for the purpose of housing or storing fire fighting equipment and gear. For the purposes of this chapter however, such facilities may also include company meeting rooms, administrative offices, and other public service space.
FLEA MARKETAn occasional or periodic market held in an open area or within a structure where groups of individual sellers offer goods for sale to the public.
FLOODA temporary inundation of normally dry land areas.
FLOOD FRINGEThat portion of the one-hundred-year floodplain outside of the floodway, excluding areas shown as approximate one-hundred-year flood zones on the Township's Flood Boundary and Floodway Maps.
FLOOD, ONE-HUNDRED-YEARA flood that on the average is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year.)
FLOODPLAINA. A relatively flat or low land area adjoining a river, stream or other watercourse which is subject to partial or complete inundation; or
B. An area subject to the unusual and rapid accumulation of runoff of surface waters from any source.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. (See §
27-603 for flood damage control provisions.)
FLOODWAYThe designated area of the floodplain which is required to carry and discharge the flood waters of a one-hundred-year flood.
FLOOR AREAThe area of a structure covered by floors.
A. FLOOR AREA, GROSSThe sum of the gross horizontal areas of all of the floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, excluding interior parking spaces for motor vehicles, basement or cellar floor areas where this area in not used for business or dwelling purposes, but including the area of all covered or enclosed porches, decks, patios and terraces.
B. FLOOR AREA, HABITABLEAny floor area within a dwelling unit which is usable for living purposes, including area for working, sleeping, eating, cooking, and recreation, or a combination thereof. Stairways, hallways, and floor area used only for storage purposes, such as closet, attic, or unimproved basement space, or unenclosed or unheated porches shall not be considered habitable floor area, nor shall any space where the floor-to-ceiling height is less than five feet.
FOOD TRUCKA licensed, self-contained, motorized vehicle or a mobile unit (one that does not travel under its own power) utilized for the sale and vending of consumable food and non-alcoholic beverage products. (See also §
27-437.)
[Added by Ord. No. 03-09-2021, 3/9/2021]
FORESTRYThe 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.
FREEBOARDA factor of safety usually expressed in feet above a flood level for purposes of floodplain management, "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
FREIGHT TERMINALFor the purposes of this chapter, a freight or distribution terminal or depot shall be defined as a building or group of buildings containing more than 10,000 square feet of gross floor area and/or more than four loading berths or docks where merchandise is stored for ultimate distribution to specific wholesale operators. (See also "warehouse facility.")
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. (See also "mortuary.")
GARAGEA building or structure used for the parking and storage of vehicles.
A. GARAGE, PRIVATEAn accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles of the families residing upon the premises and in which no occupation or business is operated nor service is provided to the general public.
B. GARAGE, PUBLICA building or group of buildings used primarily for the parking or storage of motor vehicles, available to the general public for compensation.
GARDEN SHOPA retail business establishment specializing in sale of seeds, plants, flowers, shrubs, or small or ornamental trees, and related products and utensils.
GENERAL FLOODPLAINThat portion of the floodplain area for which no specific flood profiles exist and which is designated as approximated one-hundred-year floodplain area on the Township's Flood Boundary and Floodway Maps.
GLAREThe effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
[Added by Ord. No. 03-09-2021, 3/9/2021]
GRADEThe degree of rise or descent of a sloping surface.
A. GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
GREENHOUSEA building whose sides and roof are made largely of glass or other transparent or translucent material, and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment. (See also "plant nursery.")
GROCERY STOREA retail establishment primarily selling food or groceries as well as other household goods or merchandise, i.e., a supermarket.
GROUP DAY CARE HOMEA residence where day care is provided for between seven and twelve children unrelated to the resident household, which is licensed and inspected by the Pennsylvania Department of Public Welfare to provide such care. For the purposes of this chapter, such use may be either a principal or accessory use (see applicable district regulations) and may also provide care for adult or elderly persons.
GROUP FAMILY HOUSEHOLDA group of individuals not related by blood, marriage, adoption or guardianship living together in one dwelling unit as a single housekeeping unit under a common housekeeping plan based on an intentionally structured relationship providing organization and stability, excluding student housing facilities as defined herein.
GROUP HOMEFor the purposes of this chapter, a group home shall be defined as a residence occupied by eight or fewer persons (excluding staff) unrelated by blood, marriage, adoption or guardianship who live together as a group family household, excluding student housing as defined herein. Such homes shall include, but are not limited to, homes for orphans, foster children, the elderly, mentally or physically handicapped or challenged persons, battered women and children, and specialized treatment facilities providing less than primary health care. (Further, domiciliary care facilities for adults, which are certified or approved by the applicable state and/or local regulatory agency, may also be considered as group homes, but shall be limited to three or fewer persons per dwelling unit, excluding staff.) Group homes providing space for more than eight residents, excluding staff, shall be considered to be institutional residences. (See also §
27-410 and "institutional residence.")
HAZARDOUS MATERIALSAny substance or mixture of substances having properties capable of producing adverse effects on the health or safety of a human being.
HAZARDOUS MATERIALS STORAGE FACILITYFor the purposes of this chapter, a hazardous materials storage facility shall be defined as an industrial facility which involves the collection, storage, or transfer of hazardous materials and meets all state and federal regulations.
HISTORIC STRUCTUREAny structure that is:
A. A listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the National Register.
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior.
(2) Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATIONAn accessory use or service-oriented occupation operated for gain or profit conducted entirely within the operator's residence or in a building accessory thereto, which is carried on by the inhabitant(s) thereof and is clearly secondary to the use of the dwelling for residential purposes and does not change the character thereof. (See also §
27-429.)
HORTICULTUREThe growing of fruits, vegetables, flowers, ornamental plants, shrubs, or trees for profit.
HOTELA building or structure containing rooms intended or designed to be used, rented or occupied for sleeping purposes by overnight guests, where such rooms have no independent outside access, and where provision may be made for dining room or restaurant facilities (with or without alcohol sales), or meeting or conference rooms within the building. (See also "lodging facilities, commercial and motel.")
HUB HEIGHTThe distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
IDENTIFIED FLOODPLAIN AREAThose floodplain areas specifically identified in this chapter as being inundated by the one-hundred-year flood, including areas identified as Floodway, Flood Fringe and General Floodplain.
IMPERVIOUS SURFACEA. Any surface which reduces or prevents the absorption of stormwater into previously undeveloped land; or B. The percentage of a lot that does not absorb precipitation. For the purposes of this chapter, all buildings, structures, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt, or similar materials shall be considered impervious surfaces.
INCINERATORAn engineered apparatus used to bum waste substances and in which all the combustion factors, temperature, retention time, turbulence and combustion air, can be controlled.
INDUSTRIAL OPERATIONSFor the purposes of this chapter, industrial operations shall be defined as those manufacturing, assembly and processing activities itemized in Part
3, the District Regulations, and meeting the supplementary use regulations set forth in Part
4. (See also §
27-420 and "manufacturing.")
INDUSTRIAL PARKA tract of land which has been planned, developed and is operated as an integral facility for three or more individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
INSTITUTIONAL RESIDENCEEstablishments primarily engaged in the provision of residential, social and personal care for children, the elderly, and other special categories of persons with some limits on their ability for self-care, but where medical care is not a major element. These uses include, but are not limited to, group foster homes; residential alcohol and drug rehabilitation centers with incidental health care; children's boarding homes; halfway homes for persons with social or personal problems, except halfway homes for delinquents, offenders and other adjudicated individuals, and not including training schools for delinquent and other adjudicated individuals; homes for destitute individuals; homes for the deaf or blind; homes for emotionally disturbed or mentally or physically handicapped persons, with health care incidental; and group homes for nine or more residents, excluding staff. Residents of these facilities would be treated by staff in an institutional setting rather than living independently. Institutional housing where there is commercial rental or condominium ownership is also included in this category, with the exception of personal care homes as defined herein. Such facilities may also require licensing by the Pennsylvania Department of Public Health, Department of Welfare, or other state agencies. (See also §
27-410.)
INTERSTATE HIGHWAY SYSTEMThat portion of the national system of interstate highways located within the Commonwealth as officially designated by the state and/or U.S. Departments of Transportation.
JUNKAny discarded article or material not ordinarily disposed of as rubbish, garbage, or refuse and including, but not limited to, scrap metal, scrapped, abandoned or junked automobiles, machinery, equipment, paper, rags, glass, containers and other salvageable materials. For purposes of this chapter, the term "junk" shall not include hazardous wastes or materials, industrial residual wastes, or municipal wastes as defined in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq.
JUNKED MOTOR VEHICLEAny motor vehicle including, but not limited to, an automobile or truck that is so worn, deteriorated, obsolete, dismantled or disassembled as to make it inoperable or unusable in its current condition, and/or a motor vehicle which has become incapable of being operated for a period of 30 days due to mechanical defects and/or because it is not licensed and/or does not have a current, valid Pennsylvania inspection sticker.
JUNKYARDAny outdoor establishment, place of business, or use of land which is maintained, used or operated for storing, keeping, buying or selling junk or junked or abandoned motor vehicles, with or without dismantling, processing, sale, or other use or disposition of the same. For the purposes of this chapter, such facilities may also be referred to as auto salvage operations.
KENNELFor the purposes of this chapter, a kennel shall be defined as an establishment where eight or more dogs, cats or other domesticated animals in excess of six months of age are housed, groomed, bred, boarded, trained or sold. (House pets maintained in a private home, are excluded.) In addition, all requirements of the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq., administered by the Pennsylvania Department of Agriculture, shall be met before establishing a kennel in the Township.
KIOSKA small, non-motorized structure, with one or more open sides, that is used to vend or sell merchandise or other services.
[Added by Ord. No. 03-09-2021, 3/9/2021]
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.
LANDFILLA place to dispose of refuse and other waste materials by burying it and covering it over with soil.
LANDOWNERThe legal or beneficial owner(s) of land, including the holder of an option or contract to purchase (whether or not such option is subject to any condition), a lessee, if he is authorized under the lease to exercise the right of the landowner or other person having a proprietary interest in the land.
LANDSCAPINGGrass and other plantings such as trees, shrubs and/or bushes.
LIVESTOCKFor the purposes of this chapter, "livestock" shall be defined to include cows, pigs, horses, sheep, llamas, and other similar types of farm animals.
LOADING SPACEAn off-street space accessible from a street or alley in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.
LOCK BOXA small wall or post mounted safe that holds keys to allow quick access to a building for fire, police and/or emergency services to retrieve for their use in entering without the use of force.
LODGING FACILITY, COMMERCIALA building or structure arranged or used for sheltering, sleeping, and/or feeding of overnight guests for limited periods of time, including hotels, motels, inns and other similar types of commercial lodging establishments. Dining facilities associated with such uses may also be open or available to the public if authorized by the proper Township officials. (See also "hotel, motel, and bed-and-breakfast establishment.")
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.
B. LOT, CORNERA lot with two adjacent sides abutting on streets. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
C. LOT DEPTHThe mean horizontal distance from the front lot line of a lot to its opposite rear lot line.
D. LOT, DOUBLE FRONTAGEA lot which extends from one street along its front lot line to another street along its rear lot line, with frontage on both streets.
E. LOT, REVERSE FRONTAGEA double frontage lot extending between and having frontage on an arterial or collector street and on a local street, with vehicular access restricted to the latter, usually due to physiographic constraints or safety considerations.
F. LOT WIDTHThe distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
LOT LINESThe property lines bounding the lot.
A. LOT LINE, FRONTThe line separating the lot from a street right-of-way; or, where a lot has no road frontage, the lot line opposite the rear lot line.
B. LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT OF RECORDA lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of Columbia County, Pennsylvania.
LOWEST FLOORThe lowest floor of the lowest fully enclosed area of a building or structure (including basement or cellar). An unfinished or flood resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage in an area other than a basement or cellar area is not considered a building's lowest floor; provided, that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter and the National Flood Insurance Program.
LUMBER YARDA business establishment primarily engaged in the sale of lumber and related products to contractors or the general public.
MACHINE SHOPA workshop, manufacturing facility, or other industrial operation where machines are built, repaired or assembled. For the purposes of this chapter, such facilities shall include tool and die making, engine rebuilding, and similar types of activities and may only be located in an Industrial District.
MANUFACTURED HOMEAlso known as a mobile home, a transportable, single-family dwelling intended for permanent occupancy, 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 is constructed so that it may be used without a permanent foundation. For floodplain management purposes, the term shall include manufactured housing, park trailers, travel trailers, recreational vehicles, and other similar units placed on a site for a period of time exceeding 180 consecutive days.
MANUFACTURED HOME LOTA parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home; also known as a mobile home lot.
MANUFACTURED HOME PADThat part of an individual manufactured home lot which has been reserved for the placement of a manufactured home and appurtenant structures and connections; also known as a mobile home pad.
MANUFACTURED HOME PARKA parcel, or contiguous parcels, of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes; also known as a mobile home park. For floodplain management purposes, the term shall also include facilities for the placement of two or more manufactured homes, or park trailers, travel trailers, recreational vehicles, or other similar units for a period of time exceeding 180 consecutive days. (See also Township Subdivision and Land Development Ordinance [Chapter
22] for mobile home park requirements.)
MANUFACTURINGThe act of producing, preparing or assembling finished products or goods from raw materials or component parts through the repetitious use of an established or set process.
MARKET VALUEThe fair market price of a structure or property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are willing to do business.
MEDICAL CENTERAn institutional facility, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition including, but not limited to, a general hospital, public health center, diagnostic center, treatment or rehabilitation center, maternity hospital, and associated laboratories and/or offices for medical staff.
MINERAL BATCHING or MIXING PLANTFor the purposes of this chapter, a mineral batching or mixing plant shall be defined as an operation where extracted minerals are amassed, sorted, mixed, and/or crushed, ground or otherwise treated for distribution or use.
MINERAL EXTRACTION OPERATIONThe commercial extraction of sand, gravel, day, shale, rock or other natural mineral deposits from the earth, including facilities for the batching or mixing of extracted materials. (See also §
27-422.)
MINERALSAny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, anthracite and bituminous coal, limestone and dolomite, sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay, crude oil and natural gas.
MINOR REPAIRThe replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep, but no including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural, beams or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the midway requirements, nor shall any minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring or mechanical or other work affecting public health or general safety.
MORTUARYA place for the storage of human bodies prior to their burial or cremation.
MOTELA building or structure arranged or used for sheltering, sleeping, and/or feeding of overnight guests, where each unit has independent outside access and where provision may be made for limited cooking in individual rooms. (See also "hotel" and "lodging facility, commercial.")
MULTIFAMILY HOUSING DEVELOPMENTFor the purposes of this chapter, a multifamily housing development shall be defined as a residential development containing more than one apartment building or more than one townhouse structure, or a combination thereof, on a single tract of ground.
MUNICIPAL WASTEGarbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semi-solid, or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definition of residual or hazardous waste as defined in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPALITYHemlock Township, Columbia County, Pennsylvania.
NEIGHBORHOOD RETAIL ACTIVITYA retail store, shop or establishment of a limited scale designed to provide service to a local neighborhood and oriented to pedestrian or limited vehicular traffic, including general stores, antique or gift shops, personal service businesses, sandwich shops, cafes, or similar types of operations.
NEW CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration, location or relocation of a building (including mobile and manufactured homes), structure, and/or improvements (such as streets, utilities, etc.). For floodplain management purposes the term shall pertain to structures for which the start of construction commenced on or after July 9, 1979, and includes any subsequent improvements thereto.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use in a residential dwelling located in a Residential District which is dearly secondary to the use of the residence as a dwelling and which meets the no-impact criteria set forth in this chapter. (See §
27-429.)
NON-PARTICIPATING LANDOWNERAny landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
NONCONFORMING LOTA lot which does not conform to the minimum width, depth, or other dimensional requirements specified for the district in which it is located (Part
3), including those lots which existed prior to the enactment of this chapter. (See §
27-902 for applicable provisions.)
NONCONFORMING STRUCTUREA structure or part of a structure not designed or built to comply with the use or extent of use provisions of this chapter, including those structures which lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but shall not be limited to, nonconforming signs. (See §
27-901 for applicable provisions.)
NONCONFORMING USEA use of a building or land which does not comply with the applicable use regulations (Part
3) of this chapter or amendment, including those uses which lawfully existed prior to the enactment of this chapter or amendment. (See §
27-901 for applicable provisions.)
NURSERY SCHOOLA private institutional establishment providing educational and child care services for children up to five years of age where tuition, fees, or other forms of compensation is charged for the service. For the purposes of this chapter, a nursery school may be a independent principal use or may be operated as an accessory use in conjunction with a church, day-care center, or other similar institutional establishment. (See also "day-care center.")
NURSING HOMEA state-licensed institutional establishment which provides full-time convalescent or skilled nursing and/or medical care. Such facilities shall not provide surgical, obstetrical, or other services generally provided by a hospital or medical center. (See also §
27-412 and "personal care home.")
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of water, either in itself or by catching or collecting debris carried downstream to the damage of life or property.
OCCUPIED BUILDINGA 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.
OFFICESee "professional office."
OFFICE BUILDINGA building used primarily for conducting of the affairs of a business, service, industry, government or like activity, which may include ancillary services for office workers, such as food services, and newspaper or candy stands.
OFFICE COMPLEXA development consisting of multiple office buildings, related supporting uses and services, and open space which is planned, designed, constructed and managed on an integrated, coordinated basis.
OPEN, SPACESpace not occupied by a structure, open to the sky, and on the same lot with the building or structure.
A. OPEN SPACE, PUBLICAny land area set aside, dedicated, designated or reserved for public enjoyment.
B. OPEN SPACE, COMMONLand within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complimentary structures and improvements as are necessary and appropriate, but shall not include streets, off-street parking areas, and areas set aside for public facilities or utilities.
OPERATORThe entity responsible for the day-to-day operation and maintenance of a use permitted by this chapter.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
OUTDOOR CULTURAL RELIGIOUS, AMUSEMENT OR SPORTING EVENTFor the purposes of this chapter, an outdoor cultural, religious, amusement or sporting event shall be defined as a temporary use, activity or event of short-term duration, such as a carnival, circus, fair, festival or other similar occurrence. (See also §
27-433.)
PARK or PLAYGROUNDA public, semi-public, or private park or park-type facility which provides outdoor recreational enjoyment and activity, either for free or on a fee basis. Such facilities may include tennis or basketball courts, baseball or other athletic fields, swimming, hiking and picnic areas, and playgrounds, and may also include buildings and accessory structures. Activities may be organized to include day camps, leagues, or other groups or may be strictly independent.
PARKING AREAAny public or private land area designated and used for parking of vehicles including parking lots, garages, private driveways, or legally designated areas of public streets. For the purposes of this chapter, however, parking areas shall not include space on any street or other public way.
PARKING SPACEAn off-street area on a lot or in a parking area, designed or used for the parking of one motor vehicle, having direct, usable access to a street or road. (See also Part
8.)
PERMITTED USEA principal use allowed in a zoning district, subject to the applicable district regulations, and approved by the Zoning Officer.
PERSONAn individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
PERSONAL CARE HOMEA state-licensed institutional facility providing supervised care services, including meals and less than full-time skilled or intermediate nursing care for individuals. For the purposes of this chapter, personal care homes may also be known as assisted living facilities. (See also §
27-412 and "nursing home.")
PERSONAL SERVICE BUSINESSFor the purposes of this chapter, a personal service business shall be defined as a small-scale retail business providing direct service or care to a patron or client including, but need not limited to, a bather or beauty shop, a tailor or dress-making shop, a music or art studio, upholstery or shoe repair facility, or similar establishment of a related nature.
PERSONAL STORAGE WAREHOUSEA warehouse facility where separate storage spaces, of varying sizes, are available for lease or rental to the general public, usually on a self-service basis. For the purposes of this chapter, there shall be no residential occupancy of nor commercial sales conducted from such storage areas. (See also §
27-417.)
PLANNED RESIDENTIAL DEVELOPMENT (PRD)An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter. For the purposes of this chapter, the terms and conditions of any PRD approved prior to the enactment of this chapter shall remain in place and shall be unchanged by the standards or requirements contained herein.
PLANT NURSERYLand and/or greenhouses used to raise flowers, shrubs, trees and plants for sale.
PRIMARY HIGHWAY SYSTEMThat portion of connected main highways located within the Commonwealth as officially designated by the State or U.S. Departments of Transportation.
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)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. Principal solar energy systems consist of one or more free-standing 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.
[Added by Ord. No. 03-09-2021, 3/9/2021]
PRIVATE DRIVEWAYA vehicular access way to no more than two single-family dwelling units not dedicated, accepted or maintained by the Township or state in which all required yard setbacks for properties are designed per Part
3 of this chapter.
PRIVATE STREET OR ROADA vehicular access way to more than two single-family dwelling units not dedicated, accepted or maintained by the Township or state in which all required yard setbacks for properties are designed per Part
3 of this chapter.
PROFESSIONAL OFFICEThe office of a member of a recognized profession including, but not limited to, a real estate or insurance agent, a physician or dentist, an attorney, accountant, architect, or engineer. A professional office may be considered a home occupation when conducted from a residence, by a member of the resident family and when the office is clearly secondary to the residential use of the dwelling.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Township Supervisors, Township Planning Commission, or Township Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under "Sunshine Act," 65 Pa.C.S.A. § 701.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RECREATION USE, OUTDOOR COMMERCIALA commercial, outdoor recreation facility, including a golf course, golf driving range, a miniature golf course, campground or recreational vehicle park, ski area or resort, church or service club affiliated camp, a shooting preserve or sporting clays range, and similar facilities. (See also §
27-426.)
RECREATIONAL VEHICLEA vehicle which is: (A) built on a single chassis; (B) not more than 400 square feet, measured at the largest horizontal projections; (C) designed to be self-propelled or permanently towable by a light-duty truck; and (D) is not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Such vehicles are permitted to be used in campground areas in the municipality or on private independent parcels. (See also §
27-425, Subsection 1F.)
RECREATIONAL VEHICLE PARKAny site upon which two or more recreational vehicles are, or are intended to be located. (See also "campground.")
RECYCLABLE MATERIALSFor the purposes of this chapter, recyclable materials shall be defined as those designated waste products which are collected at approved recycling centers in the Township for transformation into new and/or different products at another location.
RECYCLING CENTERA facility intended for the collection of recyclable materials, not including municipal, residual, or hazardous waste transfer stations.
REGULATORY FLOODThe flood that has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been based; the one-hundred-year flood.
RESIDENTIAL CLUSTER DEVELOPMENTA large scale residential development in which individual dwelling units or buildings are grouped together. Modification or reduction of the minimum yard and lot size requirements are permitted in exchange for an equivalent amount of land in open space to be preserved for scenic, recreation or conservation purposes. The type and overall density of dwelling units shall be as set forth in §
27-407 of this chapter.
RESIDUAL WASTEGarbage, refuse, other discarded materials or other waste, including solid, liquid, semi-solid, or contained gaseous materials resulting from an industrial, mining, or agricultural water supply treatment facility, wastewater treatment facility, or air pollution control facility, if it is not hazardous. The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act, 52 P.S. § 30.51 et seq., nor treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Act, 35 P.S. § 691.1 et seq.
RESTAURANTA retail establishment where food and drink is prepared and served, primarily within the principal building. In some instances, the food is consumed on-site and in other cases it is taken out.
RETAIL BUSINESSA place of business engaged in selling goods and merchandise to the general public for personal or household use and rendering services incidental to the sale of such goods. (See also "wholesale business.")
RIDING ACADEMYAn establishment where horses are kept for riding, jumping, or showing for compensation or incidental to the operation of a club, association, or similar group.
RIGHT-OF-WAYA. A specific type of easement being limited to use for passage over another person's land, i.e., an easement for vehicular or public utility passage; or
B. A strip of land acquired by reservation, dedication, prescription, or condemnation which is occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary sewer or storm sewer line, or other similar use.
ROADSIDE STANDA temporary or permanent booth, stand or shelter located along a roadway (but off the road right-of-way) from which farm, nursery or greenhouse products or other merchandise is offered for sale to the general public. (See also §
27-424.)
ROOMING OR BOARDING HOUSEA single-family, owner-occupied dwelling or part thereof where lodging is provided for a fee by the owner thereof. Such lodging shall be provided for no more than four persons unrelated to the owner and shall be for periods of time exceeding one week, whether or not arrangements are made for meals. (See also §
27-409.)
SATELLITE DISHFor the purposes of this chapter, a satellite dish antenna shall be defined as an accessory structure capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit.
SAWMILLA business establishment equipped with machinery for cutting lumber or timber into boards.
SCHOOLAn establishment or facility, or part thereof, which is designed, constructed, or used for public or private education or instruction in any branch of knowledge. For the purposes of this chapter, such facilities shall not include halfway homes or training facilities for delinquents, offenders, and other adjudicated individuals, nor other detentional facilities providing residential or "live-in" services. (See "institutional residence.")
SCREEN PLANTINGThe use of vegetative plants, such as trees or shrubs, as a barrier to visibility, glare and noise between adjacent properties. Such plantings shall adhere to the requirements of §
27-507 of this chapter and shall be broken only at points of vehicular or pedestrian access or utility easements.
SCREENINGThe provision of a visual shield or barrier between adjacent properties, structures, or uses, which may consist of vegetative plantings, fences, or the placement or utilization of natural or man-made berms or landforms, or any combination thereof. (See also §
27-507.)
SEASONAL DWELLINGA permanent building or structure intended for occupancy only occasionally during the year, including buildings intended as camps, cottages, lodges, hunting cabins, vacation homes and similar seasonally used dwellings. For purposes of this chapter, a recreational vehicle shall not be considered to be a seasonal dwelling, but may be used on a temporary or seasonal basis as per the requirements of §
27-425, Subsection 1F, of this chapter.
SEASONAL PERMITA zoning permit issued seasonally by the Zoning Officer which authorizes the placement of: (A) a temporary roadside stand; (B) a recreational vehicle on an individual lot outside of a designated floodplain for between 30 and 180 days; and (C) a recreational vehicle on a lot within a designated floodplain in the Township for more than seven consecutive days. (See also §
27-1203, Subsection
11.)
SETBACKThe horizontal distance between a structure and a street line or property line. (See also "building setback line.")
SEWAGE FACILITYAny sewer, sewage system, sewage treatment plant or parts thereof, designed, intended, or constructed for the collection, conveyance, treatment or disposal of liquid wastes, including industrial wastes.
A. SEWAGE FACILITY, OFF-LOTAny approved system or part thereof in which sanitary sewage is collected from buildings and piped by means of a sewerage system to a sanitary sewage treatment plant. Such a system must be designed in accordance with Department of Environmental Protection (DEP) standards and be permitted by the Bureau of Water Quality of the DEP. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers.
B. SEWAGE FACILITY, ON-LOTAny approved system or part thereof designed to serve a single dwelling or building in which sewage is collected in a septic tank, holding tank or similar container located on the same lot and is untreated except for bacterial action occurring within such tank and is disposed of either through a drain field connected to the tank or by hauling to a sewage treatment plant.
C. SEWAGE SYSTEM, COMMUNITYA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site. (See also "sewage facility, off-lot.")
D. SEWAGE SYSTEM, INDIVIDUALA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil of the site or into the waters of the Commonwealth or by means of conveyance of retaining tank wastes, to another site for final disposal. (See also "sewage facility, on-lot.")
SHIPPING CONTAINERA reusable vessel, originally designed as a cargo container, for the packing, storage, movement, or transportation of freight, articles, goods, or commodities, which was designed to be moved by rail, truck, or ship by means of being mounted on a chassis or similar transport device.
[Added by Ord. No. 03-09-2021, 3/9/2021]
SHOPPING CENTERFor the purposes of this chapter, a shopping center shall be defined as a group of three or more commercial establishments which have been planned, developed, and managed as a unit, whether contained in one building or in several buildings on the same tract, where each store or establishment maintains its own independent outside access.
SHOPPING MALLFor the purposes of this chapter, a shopping mall shall be defined as an enclosed group of three or more commercial establishments which have been planned, developed, and managed as a single unit, where the primary patron access for each store is from an interior pedestrian concourse or walkway. Patron access to the interior of the mall may be provided through a limited number of anchor stores or may be provided via a separate exterior entrance.
SIGHT DISTANCEA. The length of street, measured along the center line, which is continuously visible from any point four feet above the center line;
B. That area of unobstructed vision at street intersections formed by lines of sight between points which are a specialized distance from the intersection of the street center lines; or
C. The amount of distance required to be provided at a street or driveway intersection which is considered adequate for a driver to be able to see in order to proceed in a safe manner. (See also §
27-505, Subsection 4.)
SIGNAny device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, semi-public or civic, charitable or other religious group. (See §
27-702 for definitions of specific types of signs.)
SIGN AREAThe entire face of a single side of a sign, including all advertising surface, but excluding all structural supports and structural margins not exceeding 12 inches in width on each border of the sign.
SIGN, HEIGHTThe vertical distance measured from the average finished grade of the site beneath the sign to the highest point of the sign or sign structure, whichever is greater.
SINGLE-FAMILY DETACHED DWELLINGA dwelling structure containing one dwelling unit from ground to roof, having independent outside access and open space on all sides, including a mobile home as defined herein. (See also "mobile home.")
SLOPEA. The face of an embankment or cut section; or
B. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees; i.e., a ratio determined by dividing the vertical distance between two points (change in elevation) by the horizontal distance measured between the same two points.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
[Added by Ord. No. 03-09-2021, 3/9/2021]
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
[Added by Ord. No. 03-09-2021, 3/9/2021]
SOLAR COLLECTORA system composed of equipment used in either a residential or commercial operation for the harvesting of solar energy. Includes a variety of items as noted under the definition of "solar-related equipment."
[Added by Ord. No. 03-09-2021, 3/9/2021]
SOLAR EASEMENTA 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 property owner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
[Added by Ord. No. 03-09-2021, 3/9/2021]
SOLAR ENERGYRadiant energy (direct, diffuse, or reflective) received from the sun.
[Added by Ord. No. 03-09-2021, 3/9/2021]
SOLAR ENERGY FACILITYAn electric generating facility, whose main purpose is to supply electricity, consisting of one or more solar collectors and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
[Added by Ord. No. 03-09-2021, 3/9/2021]
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, tier water heating, or for electricity.
[Added by Ord. No. 03-09-2021, 3/9/2021]
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, and tuning and possibly foundations or other structures used for or intended to be used for collection of solar energy.
[Added by Ord. No. 03-09-2021, 3/9/2021]
SOLID WASTEAny waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semi-solid or contained gaseous materials.
SOLID WASTE TRANSFER STATIONAn establishment providing space for the temporary storage of collected solid waste prior to its ultimate disposal at an approved solid waste disposal facility; a facility generally situated at an intermediate location within a solid waste collection service area where individual haulers can transfer: their collected wastes to other vehicles for transportation to the approved disposal site.
SPECIAL EXCEPTION USEA use permitted in a certain zoning district as provided for in the district regulations [Part
3] which must be approved by the Zoning Hearing Board as set forth in §
27-1002, Subsection 1D, of this chapter. Special exception approval may not be granted for uses other than those expressly listed in Part
3.
SPECIAL PERMITA special approval needed for specific types of development being proposed to be located in any portion of a designated floodplain. (See §
27-608 for a listing of the activities requiring special permits and details for submission of applications for such activities.)
STABLEA building in which one or more horses are boarded, whether or not for compensation, hire, or sale, not including the Boarding of horses for personal use.
STORAGEA. A place or space for storing goods, articles of personal property, materials, etc.; or
B. The accumulation or storing of items or personal property.
STORAGE, OUTDOOR, UNENCLOSEDFor the purposes of this chapter, outdoor, unenclosed storage shall be defined as the accessory storage of materials, vehicles, equipment or other items of personal property on a lot occupied by the owner of the item(s). The unenclosed storage of products or equipment in the performance of agricultural activities may however be permitted on a lot or land not occupied by the owner of the item(s). (See also §
27-432.)
STORYThat portion of a building included between the surface of any floor and the surface of the floor or ceiling next above it.
STREETAny thoroughfare, whether public or private, located in whole or in part within Hemlock Township, excluding alleys. The word "road" may be used interchangeably with the word "street."
STREET LINEThe dividing line between the street right-of-way and the lot, also known as the right-of-way line.
STRUCTURAL ALTERATIONSAny change or adjustment made to a building affecting the overall area occupied by that structure or that will change the supporting members, bearing walls, beams, girders, or interior walls of the structure. Such alterations generally require zoning and building permits.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land of water, whether or not affixed to the land, including buildings, sheds, communications antennas and towers, fences and signs, but excluding poles, playground equipment, mailboxes, lawn ornaments and other similar objects. For floodplain management purposes, the term shall also include a gas or liquid storage tank that is principally above ground, as well as a mobile or manufactured home.
A. STRUCTURE, ACCESSORYA structure detached from a principal structure located on the same lot and customarily incidental and subordinate to the principal building, structure, or use.
STUDENTA person who is registered to be enrolled or who is enrolled and matriculating at Bloomsburg University as an undergraduate student or who is on a semester or summer break from studies at a college or university.
STUDENT HOUSING FACILITYA building which contains one or more dwelling units occupied by two or more students who are not related to each other by adoption or marriage or are not the great-grandparent, great-grandchild, grandparent, grandchild, parent, child, brother, sister, aunt, uncle, niece, nephew, great aunt, great uncle, great niece or great nephew of each other.
STUDIOA place where a musician or artist does his work.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (A) before the improvement or repair or (B) if the structure has been damaged and is being restored, before the damage occurred. The term also includes structures that have incurred substantial damage regardless of the actual work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
SWIMMING POOLA body of water in an artificial container, whether located in or above the ground, having a depth at any point of more than two feet or a surface area of more than 250 square feet, used or intended to be used for swimming by children and/or adults, excluding "kiddie" or wading pools and farm ponds.
TAVERNAn establishment used primarily for the serving of liquor or alcohol by the drink to the general public, and where food or packaged liquors may be sold only as accessory to the principal use. (See also "bar.")
TEMPORARY STRUCTUREA nonpermanent structure or building which is located on a lot in the Township for a specified duration. Some temporary structures may only be permitted for very short periods of time, while others may be authorized for as much as six months or more. (See also §§
27-433 and
27-434.)
TEMPORARY USEA short-term use or special activity which occurs in the Township including, but no limited to, carnivals, circuses, open-air cultural, religious, amusement, or sporting events. Although such a use may be held periodically, in order to retain its temporary status, it may not be an ongoing operation or use. (See also §§
27-433 and
27-434.)
TEMPORARY ZONING PERMITA zoning permit authorized by the Zoning Officer for a nonpermanent building, structure or use where such structure or use is deemed to be beneficial to the public health or general welfare or necessary to promote the proper development of the Township, or for temporary uses. (See §§
27-433,
27-434 and
27-1203, Subsection
9.)
TOWNHOUSEA single dwelling unit from ground to roof with independent outside access and a portion of one or two walls in common with an adjoining dwelling unit(s), i.e., a townhouse unit.
TOWNHOUSE STRUCTUREA residential dwelling structure which contains a minimum of three townhouse dwelling units. The maximum number of dwelling units per structure shall be as set forth in §
27-405 of this chapter.
TRUCK STOPAny building or premises upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is located or conducted, including the dispensing of motor fuel or other petroleum products, the sale of accessories or equipment for motor vehicles, or the storage of cargo. Such uses may also include overnight accommodations and restaurant facilities intended primarily to serve the needs of long-haul drivers or the motoring public.
TURBINE HEIGHTThe distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
USEThe specific purpose or activity for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
A. USE, ACCESSORYA use subordinate to the principal use of a building, structure, or land located on the same lot and serving a purpose customarily incidental to the principal use. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
UTILITY SUPPLY FACILITIESFacilities, buildings and/or structures constructed and maintained by public utility companies, municipal or governmental agencies, or public service corporations, which are necessary for the provision of utility services to the general public. Such facilities shall include, but need not be limited to, electrical substations, water or sewage treatment plants, reservoirs, pump stations, or other similar facilities. For the purposes of this chapter, however, utility supply facilities shall not include commercial communications antennas or towers. (See also §
27-427 and "communications antennas, towers, and/or equipment buildings.")
VARIANCEA modification of the provisions of this chapter which the Zoning Heating Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought. (See §
27-1002, Subsection 1C, for additional details and criteria to be utilized when a variance is requested.)
WAREHOUSING FACILITYA building used primarily for the storage of goods and materials, including facilities handling freight for a specific commercial or industrial operation, and those facilities available to the general public. (See also "personal storage warehouse.")
WATER FACILITYAny water works, water supply works, water distribution system or part thereof designed, intended or constructed to provide or distribute potable water.
B. WATER FACILITY, OFF-LOTAny approved system in which potable water is supplied to a dwelling or other building from a central water source which is not located on the lot with the dwelling or building.
C. WATER FACILITY, ON-LOTA well or other approved system designed to provide potable water to a dwelling or other building located on the same lot as the source.
D. WATER SYSTEM, PUBLICA water system as defined by the Pennsylvania Department of Environmental Protection which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
WETLANDSAreas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturate soil conditions, including swamps, marshes, bogs, and similar areas. The term includes, but is not limited to, the U.S. Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan, the U.S. Fish and Wildlife National Wetlands Inventory, and a wetland area designated by a river basin commission.
WHOLESALE BUSINESSAn establishment or place of business primarily engaged in selling merchandise to retailers or to industrial, commercial, institutional, or professional business users, or to other wholesalers. (See also "retail business.")
WIND ENERGY FACILITYAn electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND TURBINEA wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
YARDAn open space which lies on the same lot with a building or structure, unoccupied and unobstructed from the ground upward.
A. YARD, FRONTAn open space extending the full width of the lot between the principal building or structure and the street right-of-way line or front lot line, unoccupied and unobstructed from the ground upward.
B. YARD, REARAn open space extending the full width of the lot between the principal building or structure and the rear lot line, unoccupied and unobstructed from the ground upward.
C. YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building or structure and the side lot line, unoccupied and unobstructed form the ground upward.
D. YARD, REQUIREDThe minimum area or open space required by this chapter to be provided between any front, side or rear property line and a principal or accessory building(s) or structure(s) on the lot.
ZONING MAPThe Official Zoning Map of Hemlock Township, Columbia County, Pennsylvania, together with all notations, references and amendments which may hereafter be enacted. Said map is made a part of this chapter as set forth in §
27-203.
ZONING OFFICERThe administrative officer duly appointed by the Township Supervisors and charged with the duty of enforcing the provisions of this chapter.
ZONING PERMITThe permit required by this chapter which states the purpose for which a building, structure, or land is proposed to be used is in conformity with the use regulations, the dimensional requirements, and all other applicable provisions of this chapter.