[Ord. 75-1, 1/6/1975; as amended by Ord. 82-1, 2/17/1982; by Ord. 82-3, 2/19/1982; by Ord. 82-4, 4/6/1982; by Ord. 82-5, 7/6/1982; by Ord. 83-2, 2/8/1983; by Ord. 1986-3, 10/7/1986; by Ord. 1989-1, 2/2/1989; by Ord. 1994-9, 12/6/1994, § I; by Ord. 8.9.01, 8/7/2001, § 1; by Ord. 3.2.04, 3/2/2004, § 3F, 3G; by Ord. 11.2.04, 11/2/2004, § 3; by Ord. 8.5.2008, 8/5/2008; by Ord.8.05.2008, 8/5/2008, § IA; by Ord. 11.04.2008.02, 11/4/2008, § IA; by Ord. 03.01.2011.01, 3/1/2011, § 1; by Ord. 12.06.2011(1), 12/6/2011, § I; by Ord. 04.09.2013, 4/9/2013, § 1; by Ord. 10.13.2015, 10/13/2015, § 1; by Ord 12.08.15.04, 12/8/2015, § 2; by Ord. No. 10.10.2017.01, 10/10/2017; by Ord. No. 11.08.2022.02, 11/8/2022; by Ord. No. 11.08.2022.03, 11/8/2022; by Ord. No. 09.10.2024.01, 9/10/2024]
ACCESSORY SOLAR ENERGY SYSTEMAn area of land or other area used for solar energy system or used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power for on-site use. An accessory solar system consists of one or more freestanding ground- or roof-mounted solar arrays or modules, or solar related equipment and is intended to reduce on-site consumption of power or fuels for use on-site by a generator.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building or structure and located on the same lot with such principal use or building, but separate from the principal structure.
ADULT BOOKSTOREAdult bookstore shall include any store, establishment or business or commercial enterprise that engages in the sale of books, commonly denoted "adult books" which shall be regarded as being books that have as their main or central theme any appeal to the prurient interest without any redeeming social value. Any such business or enterprise selling said books shall be included in the term "adult bookstore."
ADULT THEATERAdult theater shall include any theater or other business or commercial activity that shows any film that would commonly be noted as an "adult film" which shall be regarded as being a film that would have as its main or central theme any appeal to the prurient interest without any redeeming social value. Any such business or enterprise shall be included herein in the word "adult theater."
AGRICULTURAL ACTIVITIESThe procedures used in production and preparation of food and agricultural products for market. These procedures being such that they do not pollute the air, water or other natural resources of the area, but include the usual noise, dust and odors involved in agricultural practices. The term includes the storage and utilization of agricultural and food processing wastes, screenings and sludges for animal feed, and the agricultural utilization of septic tank cleaning and sewage sludges which are generated off-site on land where the material will improve the soil.
AGRICULTUREThe cultivation of soil and other uses of land including, but not by way of limitation; horticulture, mushroom growing, and the breeding and raising of customary domestic animals, dairying, pasturing, floriculture, viticulture, apiculture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
ALLEYA public thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONSAs applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ALTERATIONS, STRUCTURALAny change in the support members of a building such as bearing walls, columns, beams, or girders.
APARTMENT HOUSEA building arranged, intended or designed to be occupied by three or more families living independently of each other.
APARTMENT, CONVERSIONA dwelling altered by converting an existing dwelling into apartments for two or more families without substantially altering the exterior of the building.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
AREA, BUILDINGThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
AREA, NET SITEThe total area within the property lines excluding external streets.
AUTO COURTA building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "auto court" includes buildings designated as tourist courts, motor lodges, motels and similar appellations.
BASEMENTAny area of the building having its floor below ground level on all sides.
BERMThat portion of a street lying on either side of the cartway between the edge thereof and the adjacent road ditch, intended primarily for stopping and parking purposes.
BOARDING HOUSEAny dwelling in which more than three persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house and a dormitory shall be deemed a boarding house.
BUILDINGA. Any structure having a roof and intended for occupancy, or the shelter, housing or enclosure of persons, animals or chattel.
B. A combination of materials forming a structure and having walls and a roof, including all mobile/manufactured home and trailers intended for human occupancy or habitation or other storage or protective purposes.
BUILDING LINEThat line established by the required minimum setback from the street right-of-way for buildings and/or structures for the district involved. The building line shall be the point at which the lot width shall be measured.
BUILDING PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
BUILDING, ACCESSORYA 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.
BUILDING, FRONT LINE OFThe line of that face of the building nearest the front line of the lot. This face includes sun parlors, covered porches and covered patios, whether enclosed or unenclosed but does not include steps.
BUILDING, HEIGHT OFThe vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
CAMPAny one or more of the following, other than a hospital, place of detention or school offering general instruction:
| TYPE 1 — Any area of land or water on which are located two or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise. |
| TYPE 2 — Any building or group of buildings, other than buildings constituting a Camp - Type 1, used for temporary or seasonal living purposes other than: |
| | (1) | Normal residential occupancy of a dwelling of a type permitted in the district in which situated; or |
| | (2) | Normal occupancy of a hotel, rooming house, tourist home or automobile court. |
| TYPE 3 — Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and shall apply to any of the foregoing establishments whether or not conducted for profit and whether occupied by adults or by children, whether as individuals, families or groups. |
CAMPERA vehicular portable structure to be mounted on a chassis or wheels and towed or constructed as an integral part of a self-propelled vehicle for use as temporary dwelling for travel, recreation, and vacation commonly known as travel trailers, pickup coaches, motor homes, or camping trailers.
CAMPGROUNDA tract or tracts of land, or any portions thereof, used for the purpose of providing sites for the temporary use of trailers, campers, or tents, as hereinafter defined, for camping purposes with or without a fee being charged for the leasing, renting, or occupancy of such space.
CAMPING SITEA parcel of land in an organized camp or campground for the placement of a single trailer and/or tent and the exclusive use of its occupants.
CARTWAYThat portion of a street which is improved, designated, or intended for vehicular use.
CELLARA story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories. For floodplain management purposes, the term shall mean any area of the building having its floor subgrade (below ground level) on all sides.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections. It is defined by lines of sight between points at a given distance from the intersection of the street center lines.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communication signals including, without limitation, omnidirectional or whip antennas and omnidirectional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including, without limitations, ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT FACILITYAn unmanned building or cabinet containing communication equipment required for the operation of communications antennas and covering an area on the ground no greater than 250 square feet.
COMMUNICATIONS TOWERA structure, other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
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.
CONCENTRATED AGRICULTUREAny agriculture use that fits the Commonwealth of Pennsylvania definition of CAO or CAFO as defined in 3 Pa.C.S.A., Chapter
5, "Nutrient Management and Odor Management.
CONDITIONAL USEA use which may be permitted in one or more zoning districts upon the recommendation of the Township Planning Commission to the Board of Township Supervisors who may grant approval pursuant to certain standards and criteria and the provisions of this chapter.
COUNTYThe County of Lycoming, Pennsylvania.
COURTAn unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNERA court enclosed on all sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable.
COURT, OUTERA court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
COVERAGEThat percentage of the plot or lot area covered by the area of all buildings on the lot.
CUL-DE-SACA relatively short dead end street with a turnaround provided.
CURB LEVELThe officially established grade of the curb in front of the midpoint of the lot.
CUTAn excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
DEPARTMENTThe Department of Environmental Protection of the Commonwealth of Pennsylvania and its authorized representatives.
DEVELOPERAny landowner, agents of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
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/manufactured homes; streets, and other paving; utilities; filing, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DOG KENNELThe keeping of more than three dogs that are more than six months old.
DOORAn opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window.
DUMPA lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or part thereof, or waste material of any kind.
DWELLINGA building designed or used for residential occupancy as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "multiple dwelling," "two-family dwelling," or "dwelling group" shall not be deemed to include automobile court, rooming house, tourist home, motel, or hotel.
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family.
DWELLING, GROUPA group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common.
DWELLING, MULTIPLEA building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, condominium, and group houses.
DWELLING, TOWNHOUSEA dwelling, the walls on two sides of which are in common with the walls of adjoining dwellings and are party or lot line walls. No structure shall contain more than 12 units.
DWELLING, TWO-FAMILYA building designed specifically for or occupied exclusively by two families living independently of each other and of one-story or two-story design.
EASEMENTA right-of-way granted for the limited use of land for public or quasi-public purposes.
ELECTRIC SUBSTATIONAn assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public.
EROSIONThe removal of surface materials by the action of natural elements.
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.
EXCAVATIONAny act by which earth, sand, gravel, rock or any other similar material is dug into, cut quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
EXISTING MOBILE HOME/MANUFACTURED HOME PARKA parcel (or contiguous parcels) of land divided into two or more mobile/manufactured home lots for rent or sale, for which construction of facilities for servicing the lot on which the mobile/manufactured home is to be affixed (including at a minimum the installation of utilities, either final site grading or the pouring of pads or sites and construction of structures) is completed before the effective date of this amendment.
FAMILYOne or more persons who live together in a common household. May consist of a single person or two or more persons, related by blood, marriage, or adoption. May also include domestic servants and gratuitous guests.
FILLAny act by which earth, sand, gravel, rock or any 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 the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.
FLOODA temporary inundation of normally dry land areas.
FLOOD FRINGEThat portion of the one-hundred-year floodplain outside the floodway, excluding areas shown as approximated one-hundred-year flood zones on Hepburn Township's Flood Boundary and Floodway Maps.
FLOODPLAINA. A relatively flat or low land area adjoining a river, stream, or watercourse, which is subject to partial or complete inundation;
B. An area subject to the unusual and rapid accumulation or runoff of surface waters from any surface;
C. An area subject to mudslides caused by accumulation of water on or underground;
D. Same as "general floodplain."
FLOODWAYThe designated area of a floodplain as shown on Hepburn Township's Flood Boundary and Floodway Maps required to carry and discharge a flood of a one-hundred-year frequency without cumulatively increasing the water surface elevation more than one-foot at any point.
FLOOR AREA OF A BUILDINGThe sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to business or dwelling purposes but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA, HABITABLEThe aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, but not including hallways, stairways, cellar, attics, service rooms or utility rooms, bathroom, closets, nor unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area. The minimum total window area, measured between stops shall be 10% of the habitable floor area of such room.
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.
GARAGE, PRIVATEAn enclosed or partly enclosed 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 (except as provided herein.) For the purposes of this chapter the term "private garage" shall include the term "carport."
GARAGE, PUBLICAny garage not a private garage, and which is used for storage, parking, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.
GENERAL FLOODPLAINThat portion of the floodplain area for which no special flood profiles exist and which is designated as approximated area on Hepburn Township's Flood Boundary and Floodway Maps.
GLAREThe effect of reflecting light with an intensity sufficient to impair a viewer's ability to see or cause momentary blindness.
GOVERNING BODYBoard of Supervisors of Hepburn Township, Lycoming County, Pennsylvania.
GRADE, ESTABLISHEDThe elevation of the center line of the streets as officially established by the municipal authorities.
GRADE, FINISHEDThe completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
HISTORIC STRUCTUREAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
B. Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of the 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 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 OCCUPATIONA use entirely within a dwelling or accessory building that is clearly incidental and secondary to the principal residential use provided the following criteria are met:
A. That no external alterations or structural changes are necessary.
B. The occupation does not produce offensive noise, vibrations, heat, dust or other objectionable conditions.
C. No outside storage is required.
D. No more than 25% of the gross area of a dwelling unit is used for such purpose.
E. Not more than one nonoccupant is employed.
F. Adequate off-street parking provided.
G. Does not alter in any material way the character of the property as essentially a residence.
HOSPITALA place for the diagnosis, treatment, or other care of humans and having facilities for inpatient care including such establishments as a sanatorium, sanitarium, and preventorium.
HOTELA building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by transient guests and where only a general kitchen and dining room are provided within the building or in an accessory building.
HUMAN OCCUPIED STRUCTUREAny structure designed or used in a way which includes a human or humans being at least occasionally within the structure.
INTRASTATE GATHERING PIPELINEA pipeline that transports oil or gas from an oil or gas well site to: a natural gas processing plant; or an interconnect with a pipeline within the Commonwealth of Pennsylvania that is subject to the jurisdiction of the Federal Energy Regulatory Commission or the Pennsylvania Public Utility Commission. This definition shall not include any pipeline and appurtenances connecting an end-use consumer's piping to an oil or gas well site or main pipeline. Terms referenced in this definition shall have the meaning prescribed to them in §
27-638.
KENNELIs defined as an establishment where more than five dogs or domesticated animals, for more than six months are housed, groomed, bred, boarded, trained or sold. House pets in a private home are excluded.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one 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 non residential building on a lot or lots regardless of the number of occupants or tenure; or
(2) The division or allocation of land or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
C. Developments excluded include conversions of existing single-family detached or semidetached dwellings to not more than three residential units, unless such units are intended to be condominiums; the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or the addition or conversion of buildings and rides within the confines of an enterprise which would be considered an amusement park. For purposes of this exclusion an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion does not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
LANDOWNERThe legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years, or other persons having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this chapter.
LAUNDROMATA business premises equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use such as in the case of an apartment house.
LINE, STREETThe dividing line between the street right-of-way and the lot.
LODGING HOUSEA building in which three or more rooms are rented and in which meals are not served.
LOTLand occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a zoning or building permit for a building on such land.
LOT LINESThe lines bounding a lot as defined herein.
LOT OF RECORDA parcel of land held in single and separate ownership described by a recorded deed or other legal instrument which may or may not conform to the minimum regulations required herein.
LOT, CORNERA parcel of land at the junction of, and fronting on, two or more intersecting streets.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
MEDICAL MARIJUANAMarijuana for certified medical use as set forth in Act 16 of 2016, as amended from time to time.
[Added by Ord. No. 10.10.2017.01, 10/10/2017]
MEDICAL MARIJUANA DISPENSARYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health of the commonwealth to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of Act 16 of 2016. This defined use shall not be deemed a drug store, neighborhood commercial facility, distribution center, or retail business, as listed elsewhere in this chapter, but shall be considered a distinct and unique use.
MEDICAL MARIJUANA GROWER/PROCESSORA person, including a natural person, corporation, partnership, association, trust or other entity, or any other combination thereof, which holds a permit from the Department of Health of the commonwealth under Act 16 of 2016, as amended from time to time, to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of Act 16 of 2016. This defined use shall not be deemed a selected industry as referenced in §
27-505, Subsection
5C, or an agricultural use as referenced in §
27-506, Subsection
2A.
MOBILE/MANUFACTURED HOMEA. A transportable, single-family dwelling intended for human 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.
B. In floodplain areas only, "mobile/manufactured home" shall include any park trailer, travel trailer, recreational or other similar vehicle which is placed on a site for more that 180 consecutive days, without being removed outside the floodplain area.
C. For purposes of this chapter a mobile/manufactured home shall not include park trailers, travel trailers, recreational vehicles or other similar vehicles.
MOBILE/MANUFACTURED HOME PARKA parcel of land under a single ownership which has been planned and improved for the placement of mobile/manufactured homes for nontransient use.
MUNICIPALITYThe Township of Hepburn, Lycoming County, Pennsylvania.
NATURAL RESOURCE PRODUCTION USEAny activity involving the development of a natural resource for commercial purposes including, but not limited to, the following: oil and gas well drilling, or other production of oil and natural gas, the operation of a quarry, sand pit, gravel pit or topsoil stripping operation, the excavation and sale of sand, gravel, clay, shale or other natural mineral deposits, the quarrying of any kind of rock formation, or any other similar commercial harvesting, production, sale or development of natural resources; it shall not include farm activities or timber harvesting.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after February 17, 1982, and includes any subsequent improvements thereto.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administrated or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. See also §
27-633, Subsection 1A.
NONCONFORMING USEA structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
NURSING OR CONVALESCENT HOMEAny structure containing sleeping rooms where persons are housed or lodged and furnished with meals and nursing care.
ONE-HUNDRED-YEAR FLOODA flood that on the average is likely to occur once every 100 years, i.e., that has one-percent chance of occurring each year, although the flood may occur in any year.
OPEN SPACEA space, not occupied by a structure, open to the sky and on the same lot with the building or structure.
PARKING SPACEThe area required for parking one automobile, which in this chapter is held to be an area of not less than 180 square feet, nine feet wide and 20 feet long, plus space for access and passageways.
PERMITAn authorization issued by the Department of Health of the commonwealth to a medical marijuana organization to conduct activities under this Act.
PERSONAny individual, partnership, corporation, association, municipality, county, authority, Commonwealth of Pennsylvania or any other private or public entity.
PERSON IN CHARGE (SHORT-TERM RENTALS)A person or agent with actual authority to represent the owner for purposes of contact and communication regarding the owner's short-term rental. A person in charge must reside or have an office within approximately 15 miles of the short-term rental property and be able to act as the legal agent for the owner. The Township must be notified in writing within 14 days if there is a change in the identity of the person in charge.
PLANNED RESIDENTIAL DEVELOPMENTAn 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, under the provisions of a municipal zoning ordinance.
PLATThe map or plan of a subdivision or land development, whether preliminary or final.
| PRELIMINARY — A tentative plan indicating the proposed layout of a subdivision prepared by the subdivider for submission to the Planning Commission for its consideration. |
| FINAL — A complete and exact plan of subdivision which is presented to the Planning Commission for approval and thence to the Board of Supervisors for final approval, and when approved, will be submitted by the subdivider to the Recorder of Deeds of Lycoming County for recording in accordance with law. |
PREMISESAny lot, parcel or tract of land and any building constructed thereon.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds and other public areas; and
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
PUBLIC NOTICENotice given of not more than 30 days and not less than 14 days in advance of any public hearing required by law. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the Township of Hepburn, Lycoming County, Pennsylvania. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPINGA lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale or for processing into a product for sale, and exclusive of the process of grading a lot preparatory to the construction of a building.
RECREATION VEHICLEAny portable or mobile vehicle used or designed to be used for travel, recreation and/or living purposes; and with its wheels, rollers, or skids in place. A recreation vehicle shall include trailer, house trailer, camper, sleigh, golf cart, boat, boat trailer, airplane or other similar vehicle providing partial and usually temporary living and sleeping quarters and which may or may not include kitchen and bathroom conveniences.
RECREATION VEHICLE PARKA tract of land:
A. Where two or more recreation vehicles are parked.
B. Which is used or held out for the purpose of supplying to the public a parking space for two or more recreational vehicles.
REGISTRYThe registry established by the Department of Health of the commonwealth for practitioners.
RESIDENTIAL HOTELA dwelling mostly occupied by permanent guests and not by transients. It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.
RIDING ACADEMYAny establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
RUNOFFThe surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.
SCRAPYARDA lot, land or structure, or part thereof, used primarily for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof. Such uses shall be classified as industrial.
SEDIMENTATIONThe process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
SELF-STORAGE FACILITYAn establishment that offers for rental or lease individual units intended for the storage or safe-keeping of personal goods and possessions regardless of duration.
SERVICE STATION, AUTOMOTIVEAny area of land, including structures thereon; that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing such motor vehicles. Automotive parts may be sold.
SHORT-TERM RENTALAny dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for a period of 30 days or less.
SIGNAny structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public. "Sign" shall include, but not be limited to, any identification, description, illustration, structure or device which is visible from any public place and which draws attention to a product, service, place, activity, person, entity, institution, business, profession, commodity or entertainment. "Sign" shall also include, but not be limited to, any solicitation or the presentation and display of any emblem, painting, banner, pennant, placard or other structure or device whether played temporarily or permanently, to advertise, identify or convey information. "Sign" shall not include national, governmental, religious or corporate flags. "Sign" for purposes of this chapter shall also not include official traffic or government signs, or scoreboards on athletic fields.
| OUTDOOR ADVERTISING DEVICE — Any outdoor sign, light, figure, painting, drawing, message, plaque, poster, billboard or other structure or device which is designed, intended or used to advertise or inform or to draw attention to the subject of the same. As used throughout this chapter, the word "sign" shall include an outdoor advertising device, unless the same is specifically excluded. |
| ON-PREMISES SIGN — A sign which carries only messages strictly incidental to the lawful use of the premises on which the sign is located. Such sign may include, but not be limited to, messages including the business transacted, services rendered, goods sold or produced or activities conducted on the premises; the name of the business, name of the person, firm or corporation occupying the premises. |
| OFF-PREMISES SIGN OR OFF-SITE SIGN — A sign, the subject of which need not necessarily be limited to a message or communication strictly incidental to the lawful use of the premises upon which it is erected, but may refer to subject matter or activities which are not carried out upon nor incidental to the use of the premises upon which the sign is erected. |
| SIGN AREA — The area of a sign shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign. Sign area shall be inclusive of any border and trim, but shall not include the base or apron, supports, or other structural members. |
| SIGN, ANIMATED — A sign with action or motion or revolving, flashing, or color changes requiring electrical energy, but not including wind activated elements such as flags, banners, or like items. |
SKETCH PLANA plan submitted at the option of the applicant, usually a freehand drawing of any idea for a proposed subdivision and land development; which may show the layout of streets, lots, and other pertinent features. It is advisable that it be drawn on a general topographic or tax map.
SLOPEThe face of an embankment or cut section; and ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SOLAR ENERGY DEVELOPMENTA solar energy system that has an alternating current (AC), through connections to the electric grid, is capable of producing power to off-site customers. For purposes of this chapter, solar energy development does not include accessory solar energy systems.
SOLAR ENERGY SYSTEMA solar photovoltaic collection device and energy equipment including supporting infrastructures such as solar arrays, panels, distribution wires, batteries, storage cells, and all other mechanical equipment using solar radiation to generate, store and distribute energy. Solar energy systems may include substations and inverters and other accessory equipment.
SOIL STABILIZATIONChemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise to improve its engineering properties.
SPECIAL EXCEPTIONA special use in one or more districts granted by the Zoning Hearing Board pursuant to certain specified conditions and the provisions of this chapter.
STABLE, PRIVATEA building in which one or more horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLICA building in which one or more horses are kept for remuneration, hire or sale.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and ceiling next above it.
STORY, HALFA story under a gable, hop or gambrel roof, the wall plates of which on a least two opposite exterior walls are not more than two feet above the floor of such story.
STREET GRADEThe officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREETSIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private and for the purposes of this chapter shall be classified as follows:
| ALLEYS — Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. |
| ARTERIAL STREETS — Those which are used primarily for through, fast or heavy traffic. |
| COLLECTOR STREETS — Those which carry traffic from minor streets to the major system of arterial streets, including principal entrance streets of a residential development and streets for major circulation within such developments. |
| MARGINAL ACCESS STREETS — Minor streets which are parallel to and adjacent to arterial streets and which provide access to abutting properties and protection from through traffic. |
| MINOR STREETS — Those which are used primarily for access to the abutting properties. These may be primarily access to homes in which case they will be minor residential streets. |
| REVERSE FRONTAGE STREET — A minor street that provides access to lots that would otherwise front on an arterial street. With the introduction of a reverse frontage street, the lots front on the minor street with the rear lot lines along the arterial. |
STRUCTUREAnything constructed or erected, the use of which demands a location on the soil, or attachment to something located in or on the soil. A structure shall also include any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDERA person, copartnership or corporation, who or which owns land in the Township and for which a land subdivision application is filed and processed under the provisions of the Subdivision and Land Development Ordinance [Chapter
22].
SUBDIVISIONA. The division or redivision of a lot, tract or parcel 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, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted;
B. Any development of parcel of land or plan thereof; which involves the installation of streets or alleys or both, whether or not proposed for dedication, and any development of land for a shopping center, or for multiple dwellings.
| MINOR SUBDIVISIONAny subdivision involving five or more lots, parcels of land or other divisions of land whether or not they involve new streets, additional utilities or other facilities immediate or future. |
| MINOR SUBDIVISIONAny subdivision involving not more than five lots, parcels of land or other divisions of land which abut a street of sufficient width and does not require a new street, the installation of sanitary sewers, storm sewers, water mains, or pipes, or other facilities, except that a subdivision otherwise qualifying as a minor street or streets are required; provided, that the plans as submitted to the Planning Commission contain the same street detail as required for major subdivisions unless a degree of lesser detail is accepted by the Planning Commission. |
SUBSTANTIAL DAMAGEDamage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL 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 is started or, (B) if the structure has been damaged and is being restored, before the damage occurred. For 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 a structure listed on the National Register of Historic Places or a state inventory of historic places.
SWALEA low-lying stretch of land which gathers or carries surface water runoff.
TENTSA portable lodging unit usually made out of skins, canvas, plastic, or strong cloth stretched and usually sustained by poles, and is dependent upon separate toilet and lavatory facilities.
THEATER, MOVING PICTUREA building or part of a building devoted to the showing of moving pictures on a paid admission basis.
THEATER, OUTDOOR DRIVE-INAn open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TIMBER HARVESTINGAny cutting of or removal of trees or other harvesting of forest products for firewood, cord wood, pole wood, timber, pulp or any other commercial purpose, on any parcel of property over five acres in size, with the following exceptions:
A. A person engaging in such an activity on his own property or the property of another, with the other's permission, provided that the use of the products is limited to being for the private residential use of those engaging in the activity.
B. Such cutting, removal, or harvesting of less than five 5,000 board feet as measured by the scribner's scale, within any consecutive twelve-month period, from any one lot, tract, or parcel of land or combination of lands under common ownership.
C. The clearing or development of building sites or the clearing of land for farm operations, provided that the cutting and removal, or harvesting is incidental to such clearing operation and is not carried out on a commercial basis.
TOPOGRAPHIC MAPA map showing the elevations of the ground by contours or elevations.
TOPSOILSurface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the A Horizon.
TOURIST CABINSA group of buildings, including either separate cabins or a row of cabins which:
A. Contain living and sleeping accommodations for transient occupancy.
B. Have individual entrances.
TOURIST HOME/INNA dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TOWNSHIPHepburn Township, Lycoming County, Pennsylvania.
TOWNSHIP ENGINEERA duly registered professional engineer employed by the Township or engaged as a consultant thereto.
USEThe specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCEA modification of the regulations of this chapter granted by the Zoning Hearing Board on the grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of this chapter.
WATERCOURSEA permanent stream, intermittent stream, river, brook, creek, or a channel or ditch for water whether natural or man-made.
WIND ENERGY FACILITY, COMMERCIALA commercial electric generation facility whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory buildings and structures, including substation, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. For purposes of this chapter, stand-alone wind turbines constructed for private use shall be considered personal wind energy facilities.
WIND ENERGY FACILITY, PERSONALA wind turbine or turbines situated on a lot to provide wind energy to an individual home, office, business, industrial or agricultural use located on the same lot. The wind energy generated by the turbine(s) is not to be provided to others for the sale off-site in the power grid. The personal wind energy facility shall follow all state laws and regulations.
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 unoccupied space, open to the sky, on the same lot with a building or structure.
YARD, FRONTA yard extending the full width of the lot and situated between the street right-of-way line and the required setback line projected to the side lines of the lot. The depth of the front yard shall be measured between the required setback line and the street right-of-way line.
YARD, REARA yard extending the full width of the lot and situated between the rear line of the lot and situated between the rear line of the lot and the line establishing the required rear yard projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the adjacent right-of-way line of the alley or street if there be an alley or street, and the line establishing the rear yard.
YARD, SIDEA yard situated between the line establishing the required side yard area and adjacent side line of the lot and extending from the front yard to the rear yard. Any required yard not a rear yard or a front yard shall be deemed a side yard.