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Kelly Township City Zoning Code

PART 13

DEFINITIONS

§ 27-1300 Word Usage.

[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
Unless the context otherwise requires, the following definitions shall be used in the interpretation of this chapter. Words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "person" shall include a corporation, partnership, trust, company, organization, firm and association as well as an individual; the word "lot" shall include the words "plot" and "parcel"; the term "shall" is mandatory, the word "may" permissive; and the word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

§ 27-1301 Definitions.

[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; Ord. No. 10, 9/4/2007; Ord. No. 16, 9/2/2008; Ord. No. 23, 7/6/2010; Ord. No. 36, 8/14/2012; Ord. No. 41, 4/1/2014; Ord. No. 49, 8/11/2015; Ord. No. 52, 3/1/2016; Ord. No. 56, 8/1/2017; Ord. No. 64, 10/6/2020; Ord. No. 66, 10/6/2020; Ord. No. 76, 7/5/2022; Ord. No. 77, 7/5/2022; Ord. No. 79, 8/1/2023; Ord. No. 2024-85, 7/2/2024; and by A.O.]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED
The 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.
ACCESS DRIVE
A means, other than a street, which provides vehicular access from a street or public road to a lot; e.g., a driveway or private right-of-way.
ACCESSORY RESIDENTIAL USE
For 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; i.e., an apartment located above or adjoining a retail establishment.
ACCESSORY SOLAR ENERGY SYSTEM
An area of land or other area for a solar collection system 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 energy system consists of one or more free-standing ground, or roof mounted solar arrays or modules, or solar related equipment and is primarily intended to reduce on-site consumption of utility power or fuels.
ACCESSORY STORAGE TRAILER
See "storage trailer, accessory."
ACCESSORY USE
See "use, accessory."
ADULT BOOK STORE
An establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material.
ADULT CABARET
A club, restaurant, bar, tavern, theater, hall or similar establishment which features male and/or female entertainers whose performance includes "specified sexual activities" and/or reveals or displays "specified anatomical areas."
ADULT DRIVE-IN PICTURE THEATER
An area open to the air and not enclosed within any building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein, which patrons observe such material from a location within automobiles or other motor vehicles, seated in autos or on outdoor seats.
ADULT ENTERTAINMENT ESTABLISHMENT
Adult bookstores, adult cabarets, adult drive-in picture theaters, adult mini-motion-picture theaters, adult motion-picture theaters, adult walk-in picture theaters, amusement arcades, and similar establishments providing entertainment of a sexual nature, including those involved in the sale or rental of adult videos. (See also § 27-421.)
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity for less than 50 persons used at any time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used at any time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or specified anatomical areas" for observation by patrons therein.
ADULT WALK-IN PICTURE THEATER
An area neither enclosed nor open to the sky (e.g., a pavilion, tent, etc.) where material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation of patrons therein.
AGENT
Any 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.
AGRIBUSINESS
Any business related to the processing or sale of agricultural products or supplies or the sale and/or repair of agricultural equipment.
AGRICULTURAL STRUCTURE
Any farm building or structure used for storing agricultural equipment or farm produce, housing livestock or poultry, or processing dairy products. Such buildings shall not be used for residential purposes.
AGRICULTURE, GENERAL
The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, aquaculture, forestry, animal and poultry husbandry, hatcheries, and the accessory buildings or structures 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 agricultural activities. (See also "agribusiness.")
AGRITOURISM ACTIVITY
A farm-related tourism or farm-related entertainment activity that takes place on agricultural land and allows members of the general public, whether or not for a fee, to tour, explore, observe, learn about, participate in or be entertained by an aspect of agricultural production, harvesting, husbandry or rural lifestyle that occurs on the farm.
ALLEY
A permanent, public or private serviceway providing a secondary means of access to lots, not intended for general traffic circulation.
ALTERATION
As 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. An alteration does not include maintenance and repair.
AMUSEMENT ARCADE
An establishment which has as its principal business offering to patrons mechanical, electrical or video amusement devices or games such as pinball machines, ping pong, darts, rides, shooting galleries or similar devices and games.
ANIMAL EQUIVALENT UNIT
One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. (See also Table A of the PA Nutrient Management Regulations for standard animal weights.)
ANIMAL HUSBANDRY
For 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 Boarding or raising of livestock or poultry as farm animals or household pets pursuant to the regulations of this chapter shall not be considered animal husbandry.)
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities. An antenna shall not include private residence-mounted satellite dishes or television antennae or amateur radio equipment including, without limitation, ham or citizen band radio antennae.
APPLICANT
Any lessee or his authorized agent who submits plans, data and/or applications to the Zoning Officer or other designated Township official for the purpose of obtaining approval thereof.
AREA
The surface included within a set of lines.
1. 
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.
2. 
AREA, BUILDABLEThat portion of a lot bounded by the required front, side and rear yards.
3. 
AREA, BUILDINGThe total area of a lot covered by buildings, excluding uncovered porches, terraces and steps.
4. 
AREA, SITEThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
AUTO SALVAGE OPERATIONS
See "junkyard."
AUTOMOTIVE REPAIR SHOP
A building or structure used primarily for making major repairs to motor vehicles (automobiles, motorcycles, trucks, farm equipment or machinery, and/or snowmobiles), including overhauling, body work, painting, refinishing and upholstering, as well as incidental servicing and maintenance.
AUTOMOTIVE SALES FACILITY
Any 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 STATION
A building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substance, 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.
AWNING SIGNS
Signs that are mounted or painted on, or attached to, an awning or canopy of a business establishment; i.e., a business identification sign.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BED-AND-BREAKFAST ESTABLISHMENT
An 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 offered for overnight guests as a part of the lodging fee.
BILLBOARDS OR ADVERTISING SIGN BOARDS
Signs or boards which direct motorists or pedestrians to a business establishment or call the attention of a motorist or pedestrian to a product, place, or activity that exists or occurs at a location other than the location upon which the Board is erected; i.e., an off-premises sign. For the purposes of this chapter, billboards shall be free-standing structures, and shall not include wall signs.
BOARD OF SUPERVISORS
The elected governing body of Kelly Township, Union County, PA.
BOARD OR ZONING HEARING BOARD
The Zoning Hearing Board of Kelly Township, Union County, PA.
BOARDING OR ROOMING HOME
A single-family dwelling or part thereof, where lodging is provided for a fee by the legal owner thereof. Such lodging may be provided for no more than six persons unrelated to the owner and shall be for periods of time exceeding one week, whether or not arrangements have been made for meals. (See also § 27-411 of this chapter.)
BODY OF WATER
A lake, pond, river, stream or any other area which is permanently covered by water, but does not include a human-made drainage or irrigation channel, lands that are seasonably covered by water, or lands which may be subject to intermittent flooding.
BUFFER YARD
Yard space, either landscaped or planted, provided between high intensity activities and other uses.
BUILDING
A 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.
1. 
BUILDING, ACCESSORYA detached, subordinate building located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
2. 
BUILDING, PRINCIPALA building in which the principal use of the site is conducted.
3. 
BUILDING, ATTACHEDA building which has one or more walls in common with adjacent buildings.
4. 
BUILDING, DETACHEDA building which has no common walls and is surrounded by open space on the same lot.
BUILDING COVERAGE
That percentage of the plot or lot area covered by the total ground floor area of all principal and accessory buildings, including covered porches, patios and decks, carports, and breezeways, but excluding parking or loading areas.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the ground surrounding the building to the highest point of the roof, excluding chimneys, spires, towers, tanks and similar projections which may be attached to a building.
BUILDING LINE
The required setback (front, side, or rear) of a building from a property line.
BUILDING PERMIT
The permit required by the Pennsylvania Uniform Construction Code, as amended from time to time, or any other permit required by a similar local, state or federal code.
BUILDING SETBACK LINE
The 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 shall be measured.
BUSINESS AND/OR TECHNOLOGY SCHOOLS
Accredited and/or certified business and/or technology schools providing specialized education and educational training in a non-college campus setting offering certificates of achievements, diplomas, and/or associate's degrees without housing, living arrangements on site.
BUSINESS IDENTIFICATION SIGNS
Signs or boards that are directly oriented to activities that occur on the same premises as the sign or board; i.e., an on-premises sign. Such signs may be free-standing or may be attached to the wall of a building and may be either temporary or permanent in nature.
CAMPGROUND
A tract or tracts of ground, or portion thereof, used for the purpose of providing space for two or more 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 "recreational development, outdoor commercial or institutional.")
CAR WASH
Any building or premises used for washing automobiles or other motor vehicles.
CARPORT
A roofed structure providing space for the parking or storage of motor vehicles which is enclosed on not more than three sides.
CARTWAY
The area of a street or alley within which vehicles are permitted, including travelled lanes and on-street parking spaces, but excluding shoulders, curbs, sidewalks, or drainage swales.
CELLAR
A portion of a building partly underground, having half or more than half of its clear height below grade. A cellar shall not be considered in determining the permissible number of stories.
CERTIFICATE OF NONCONFORMANCE
A 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.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Zoning Officer stating that all work authorized by the Building/Zoning Permit has been satisfactorily completed or, in cases not involving construction, a proposed new use is in conformity with this chapter and the building or land may be occupied.
CHANGE OF USE
An 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.
CLEAR SIGHT TRIANGLE
An 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 DENTAL
An establishment where patients are admitted for examination and/or treatment by one or more physicians, doctors, psychologists, optometrists, podiatrists, chiropractors, dentists or other persons certified and/or licensed by the Commonwealth of Pennsylvania to treat, examine, diagnose and/or practice physical and/or mental health care, but where no patients are lodged overnight.
CLINIC, VETERINARY
An establishment where animals are examined and treated by one or more veterinarians, but where no boarding is provided.
CLUB OR FRATERNAL ORGANIZATION
An 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.
CLUSTER DEVELOPMENT, RESIDENTIAL
A 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 overall dwelling unit density of the underlying residential district cannot be exceeded in this type of development.
COLLOCATION
The placement or installation of new wireless telecommunications facilities on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of wireless telecommunications facilities if approved by the municipality. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be "commercially impracticable" and shall not render an act or the terms of an agreement "commercially impracticable."
COMMERCIAL LAND DEVELOPMENT
The improvement or one lot or two or more contiguous lots, tracts or parcels of land for any commercial purpose involving a group of two or more commercial buildings or a single commercial building on a lot or lots regardless of the number of occupants or tenure.
COMMERCIAL UTILITY SUPPLY FACILITIES
Any facility described in the definition of "utility supply facility" that is not owned or operated by the Township, a municipal authority, or an Agency or Department of the Commonwealth of Pennsylvania or the federal government.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
COMPREHENSIVE PLAN
The complete plan for future development of Kelly Township, Union County, PA, as adopted by resolution of the Board of Township Supervisors on May 3, 1994, or as may hereafter be amended.
CONCENTRATED ANIMAL OPERATIONS
Agricultural operations where the animal density exceeds two animal equivalent units (AEU) per acre on an annualized basis. Also includes concentrated animal feeding operations.
CONDITIONAL USE
A principal use allowed in certain districts, which may only be authorized by the Township Supervisors.
CONDOMINIUM
A 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.
CONSTRUCTION
See "new construction."
CONTRACTOR'S SHOPS AND YARDS
A building or 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.
CONVENIENCE MARKET
A 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 on a self-service basis.
CORRECTIONAL INSTITUTION
An establishment, regardless of ownership or operation, whether private, nonprofit or public, engaged in the confinement and correction of offenders sentenced by the court. Such facilities shall include, but are not limited to detention centers, honor camps, houses of correction, jails, prisons, prison farms, juvenile detention centers, penitentiaries, reformatories, training schools for delinquents, offenders, and other adjudicated individuals.
COUNTY
Union County, PA.
CULTURAL FACILITIES
Art galleries, auditoriums, libraries, museums, community centers, botanical gardens, adult education centers, or other similar facilities, open to the public or connected with a permitted educational, institutional, philanthropic, service or religious use.
DAY-CARE CENTER
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 PA Department of Human Services.
DENSITY
The number of families, individuals, dwelling units, or housing structures permitted to be constructed or situated on a specific unit of land.
DENTAL CLINIC
See "clinic, medical or dental."
DEVELOPMENT
Any 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; drilling operations; storage of equipment or materials; and the subdivision of land.
DISTRIBUTION CENTER
For the purposes of this chapter a distribution center shall be defined as a building or structure containing more than 50,000 square feet gross floor area and/or more than four loading berths where merchandise is stored for ultimate distribution to specific wholesale or retail operators or to the general public. (See also "warehousing facility.")
DISTRICT
A zoning district as laid out on the Zoning Map, along with the regulations pertaining thereto.
DOCK
A temporary structure extending into a stream or other body of water for the purpose of securing a boat(s).
DRIVEWAY
A minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.
DWELLING
1. 
A building, structure, or shelter designed for or occupied exclusively as the residence or sleeping place of one or more persons.
A. 
DWELLING, SINGLE FAMILY DETACHEDA dwelling containing only one dwelling unit from ground to roof, having independent outside access and open space on all sides, except for a mobile home as defined below. (See MOBILE HOME.)
B. 
DWELLING, SINGLE FAMILY ATTACHEDA dwelling containing only one dwelling unit from ground to roof, having independent outside access and a portion of one or two walls in common with an adjoining dwelling(s); i.e., a townhouse. For the purposes of this chapter, a single family attached dwelling structure shall contain a minimum of three dwelling units.
C. 
DWELLING, TWO-FAMILY ATTACHEDAn attached or semi-attached building 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 duplex.
D. 
DWELLING, MUFTI-FAMILYA dwelling structure containing three or more dwelling units with or without independent outside access, not a single family attached dwelling structure as defined above; i.e., an apartment building.
E. 
DWELLING, ELDERLYA dwelling structure containing three or more dwelling units, with or without independent access, to be occupied by the elderly or elderly person or persons.
2. 
For the purposes of this chapter, a "multifamily housing development" shall consist of more than one multifamily dwelling structure or more than one single-family attached dwelling structure, or a combination thereof.
DWELLING UNIT
One or more rooms in a dwelling structure designed for use by one or more individuals living as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. Recreational vehicles, lodging facilities, boarding or rooming homes, hospitals or nursing homes shall not be considered as dwelling units for the purposes of this chapter.
ELDERLY OR ELDERLY PERSON OR PERSONS
Any individual who is qualified, by reason of age, to draw benefits from Federal Old Age and Survivors Insurance or from any other pension or annuity in which the age of the recipient is the criterion for entitlement, or in the absence of entitlement to insurance of the above types, one who has attended the age at which Federal Old Age and Survivors Insurance benefits would be payable if the individual had been covered by that insurance system.
ENCLOSED USE
A use which is located entirely within a building or structure.
ENCLOSED WAREHOUSING OR STORAGE FACILITY
See "warehousing facility."
ENTERTAINMENT FACILITY, PUBLIC
An 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. (See also § 27-420 of this chapter.)
ESSENTIALLY DRY SPACE
A 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.
EVENT SPACE/VENUE
A building or place thereof that is designed for public or private assembly for special events or regularly scheduled programs. Such events may include, but are not limited to, lectures, performances, weddings, receptions, banquets and fund-raisers. Live music performances shall not present a nuisance to neighboring properties. All activities related thereto shall be between the hours of 8:00 a.m. and 10:00 p.m. and shall not create a public nuisance with loud noise or disorderly conduct.
FAA
The Federal Aviation Administration, or its duly designated and authorized successor agency.
FAMILY
One or more persons occupying a single dwelling unit and living as a single household unit, whether or not related by blood, marriage or adoption. (See also "group family household.")
FAMILY DAY CARE HOME
A family residence where care is provided for no more than six children unrelated to the resident household and which is registered by the PA Department of Human Services to provide such care.
FARM
For the purpose of this chapter, a farm shall be defined as a parcel of land which is used for agricultural purposes or activities.
FARM BUILDING
See "agricultural structure."
FCC
The Federal Communications Commission, or its duly designated and authorized successor agency.
FEED AND GRAIN MILL
For the purposes of this chapter, a feed and grain mill shall be defined as an agribusiness establishment containing machinery for grinding or crushing grain into flour or feed for animals and/or the facilities for wholesale or retail sale of such products.
FENCE
Any 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 a structure and shall therefore require a building/zoning permit before being erected, except agricultural pasture fencing which is exempt from the permit requirement.
FINANCIAL INSTITUTION
For 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-up windows, ATM machines, night deposit facilities and similar facilities.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD, 100-YEAR
A flood that on the average is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year.)
FLOOD FRINGE
That portion of the 100-year floodplain outside of the floodway, excluding areas shown as approximate 100-year flood zones on the Township's Flood Boundary and Floodway Maps.
FLOODPLAIN
1. 
A relatively flat or low land area adjoining a river, stream or other watercourse which is subject to partial or complete inundation.
2. 
An area subject to the unusual and rapid accumulation of runoff of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. (See § 27-602 for flood damage control provisions.)
FLOODWAY
The designated area of a floodplain required to carry and discharge the floodwaters of a 100-year flood.
FLOOR AREA
The area of a structure covered by floors.
1. 
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 is not used for business or dwelling purposes, and the area of enclosed or unenclosed porches, decks, patios and terraces.
2. 
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 shall not be considered habitable floor area, nor shall any space where the floor-to-ceiling height is less than five feet.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FREE-STANDING SIGNS
A self-supporting sign resting on the ground or supported by means of poles or standards placed in or on the ground. Such signs may be designed to be portable or may be permanently affixed to the ground to prevent displacement and may advertise products or items offered for sale or that are directly related to the premises upon which they are located, e.g., business identification signs, or may advertise products or events located elsewhere, e.g., billboards or advertising sign boards.
FREEBOARD
A 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.
FUNERAL HOME
A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE
A building or structure used for the parking and storage of vehicles.
1. 
GARAGE, PRIVATEAn accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles which is not a commercial enterprise available to the general public, provided however that no more than one space therein may be leased to a nonresident of the premises.
2. 
GARAGE, PUBLICA building or group of buildings used primarily for the parking or storage of motor vehicles available to the general public for compensation. (See also "automotive repair shop.")
GENERAL AGRICULTURAL USES
See "agriculture, general."
GENERAL FLOODPLAIN
That portion of the floodplain area for which no specific flood profiles exist and which is designated as approximated 100-year floodplain area on the Township's Flood Boundary and Floodway Maps.
GENERAL STORE
See "convenience market."
GLARE
The effect produced by light with intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GRADE
The degree of rise or descent of a sloping surface.
1. 
GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
2. 
GRADE, FINISHEDThe final elevation of the ground surface after development.
GROCERY STORE
A retail establishment primarily selling food or groceries as well as other household goods or merchandise; i.e., a supermarket.
GROUP DAY CARE HOME
A residence where day care is provided for between seven and 12 children unrelated to the resident household and which is licensed and inspected by the PA Department of 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, Part 3.)
GROUP FAMILY HOUSEHOLD
A 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.
GROUP HOME
A residence occupied by eight or fewer persons unrelated by blood, marriage, adoption or guardianship which live together as a single housekeeping unit; i.e., a group family household. Such homes include, but are not limited to, homes for orphans, foster children, the elderly, mentally or physically handicapped persons, battered children and women, and specialized treatment facilities providing less than primary health care. Group homes of eight or fewer residents, excluding staff, shall be permitted in all districts which permit single family residential uses. (See also "institutional residence.")
HAZARDOUS MATERIALS
Any substance or mixture of substances having properties capable of producing adverse effects on the health or safety of a human being.
HEALTH CARE FACILITY
For the purposes of this chapter, a "health care facility" shall be defined as a facility or institution, 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, hospitals, mental health care facilities, public health centers, diagnostic and/or rehabilitation centers, home health care agencies, and similar facilities. (See also "clinic, medical or dental"; "hospital"; "nursing home"; and "personal care home.")
HEIGHT OF TELECOMMUNICATION STRUCTURE
When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightening protection device.
HISTORIC STRUCTURE
Any structure that is:
1. 
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 on the National Register;
2. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 
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; or
4. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
A. 
By an approved state program as determined by the Secretary of the Interior; or
B. 
Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATION
An accessory use or service-oriented occupation operated for gain or profit conducted entirely within a dwelling or building accessory thereto, which is carried on by the inhabitants thereof and is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof.
HORTICULTURE
The growing of fruits, vegetables, flowers, ornamental plants, shrubs, or trees for profit.
HOSPITAL
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training operations.
HOTEL
A 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, or meeting or conference rooms within the building.
HOUSEHOLD PETS
Dogs, cats, or other animals domesticated for personal use and generally for household maintenance.
IDENTIFIED FLOODPLAIN AREA
Those floodplain areas specifically identified in this chapter as being inundated by the 100-year flood, including areas identified as floodway, flood fringe and general floodplain.
IMPERVIOUS SURFACE
That 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.
INDUSTRIAL OPERATIONS
For 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 regulations set forth in § 27-422. (See also "manufacturing.")
INDUSTRIAL PARK
A tract of land which has been planned, developed and is operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
INSTITUTIONAL RESIDENCE
Establishments 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 PA Department of Public Health or other state agencies. (See also § 27-412)
INSTITUTIONAL USE
A private, nonprofit or quasi-public use or facility such as a church, library, a public or private school, hospitals, nursing home, personal care home, or a municipally-owned building, structure or land used for public purposes. (See also "correctional institution.")
INTERSTATE HIGHWAY SYSTEM
That 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.
JAILS
See "correctional institutions."
JUNK
Any 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 PA Solid Waste Management Act.
JUNKYARD
Any 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, not including the purchase or storage of used furniture or household equipment or used cars in operable condition. For the purposes of this chapter, such facility may also be referred to as an "auto salvage operation" or "scrap processing facility."
JUNKED OR ABANDONED MOTOR VEHICLE
Any motor vehicle not bearing a current license and inspection, or is in inoperable condition, which is stored outside of an enclosed building, and is not associated with a legitimate business operation or completely covered by an opaque or nontransparent tarp.
KENNEL
For the purposes of this chapter, a kennel shall be defined as an establishment where five or more dogs or domesticated animals in excess of six months old are housed, groomed, bred, boarded, trained or sold. House pets in a private home are excluded. In addition, all requirements of the PA Dog Law, administered by the PA Department of Agriculture, shall be met before establishing a kennel in the Township.
LAND CULTIVATION ACTIVITIES
The use of land for raising of crops.
LAND DEVELOPMENT
Any of the following activities:
1. 
The improvement of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A. 
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; or
B. 
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; or
2. 
A subdivision of land;
3. 
Development in accordance with Section 503(1.1) of the Municipalities Planning Code, 53 P.S. § 10503(1.1) (as amended from time to time).
LANDOWNER
The 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.
LANDSCAPING
Grass and other plantings such as trees, shrubs and/or bushes.
LAUNDROMAT
A business premises equipped with individual clothes washing and drying machines for the use of retail customers. For the purposes of this chapter such facilities shall not include laundry facilities provided as an accessory use, such as those provided for an apartment building.
LIVESTOCK
For the purposes of this chapter, livestock shall be defined to include cows, pigs, horses, sheep, llamas, and other similar types of farm animals.
LOADING BERTH
A 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.
LODGING FACILITY
A building or structure arranged or used for sheltering, sleeping, and/or feeding of overnight guests for limited periods of time, including inns and other similar types of residential 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 "bed-and-breakfast establishments."
LOT
A 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.
1. 
LOT AREASee "area."
2. 
LOT DEPTHThe distance measured from the front lot line to the rear lot line.
3. 
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.
4. 
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°.
5. 
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.
6. 
LOT, REVERSE FRONTAGEA double frontage lot which is not accessible from one of the streets upon which its fronts, usually due to topographic constraints or safety considerations.
LOT LINES
The property lines bounding the lot.
1. 
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.
2. 
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
3. 
LOT LINE, SIDEAny lot line other than a front or rear lot line.
LOT OF RECORD
A lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of Union County, PA.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area of a building or structure (including basement or cellar). An unfinished, 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 non-elevation design requirements of this chapter and the National Flood Insurance Program.
LUMBER YARD
A business establishment engaged in the processing, production and/or sale, either retail or wholesale, of lumber and related products including the conversion and sale of wood, wood by products and products originating as wood into fuel, compost, and mulch and bedding material for agricultural and horticultural use.
MACHINERY REPAIR AND SERVICE FACILITY
A 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.
MANUFACTURED HOME LOT
A 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 manufacture home.
MANUFACTURED HOME PAD OR STAND
That part of an individual manufactured home lot which has been reserved for the placement of a manufactured home and appurtenant structures and connections.
MANUFACTURED HOME PARK
A 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. For floodplain management purposes, the term shall also include facilities for the placement of two or more park trailers, travel trailers, recreational vehicles, and other similar types of manufactured housing for a period of time exceeding 180 consecutive days.
MANUFACTURED HOMES
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 also include park trailers, travel trailers, recreational vehicles and other similar types of manufactured homes with are placed on site for a period of time exceeding 180 consecutive days. The term shall also include mobile homes.
MANUFACTURING
The 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.
MANUFACTURING OPERATIONS
See "industrial operations."
MARKET VALUE
The 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.
MASSAGE THERAPY
The application of a system of structured touch, pressure, movement, holding and treatment of the soft tissue manifestations of the human body in which the primary intent is to enhance the health and well-being of the client without limitation. The term includes the external application of water, heat, cold, lubricants or other topical preparations, lymphatic techniques, myofascial release techniques and the use of electromechanical devices which mimic or enhance the action of the massage techniques. The term does not include the diagnosis or treatment of impairment, illness, disease or disability, a medical procedure, a chiropractic manipulation - adjustment, physical therapy mobilization - manual therapy, therapeutic exercise, electrical stimulation, ultrasound or prescription of medicines for which a license to practice medicine, chiropractic, physical therapy, occupational therapy, podiatry or other practice of the healing arts in required.
MEDICAL CLINIC
See CLINIC, MEDICAL OR DENTAL.
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in the Medical Marijuana Act.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Commonwealth of Pennsylvania to dispense medical marijuana. The term does not include a health care medical marijuana organization.
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, association, trust or other entity, or any combination thereof, which holds a permit from the Commonwealth of Pennsylvania under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a health care medical marijuana organization.
MINERAL EXTRACTION OPERATION
The commercial extraction of sand, gravel, clay, shale, rock or other natural mineral deposits from the earth, including facilities for the batching or mixing of extracted materials, but excluding the extraction of oil or gas reserves.
MINERALS
For the purposes of this chapter, the term mineral shall include, but is not limited to, anthracite and bituminous coal, lignite, limestone and dolomite, sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and other mineral resources.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway 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.
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 also include park trailers, travel trailers, recreational vehicles and other similar types of manufactured homes which are placed on a site for a period of time exceeding 180 consecutive days.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PAD OR STAND
That part of an individual mobile home lot which has been reserved for the placement of a mobile home and appurtenant structures and connections.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. For floodplain management purposes, the term shall also include facilities for the placement of two or more park trailers, travel trailers, recreational vehicles, and other similar types of manufactured housing for a period of time exceeding 180 consecutive days.
MODIFICATION OF TELECOMMUNICATION FACILITIES
The addition, removal or change of any of the physical and visually discernible components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower and telecommunications site is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.
MOTEL
A building or structure arranged or used for sheltering, sleeping, and/or feeding of transient or overnight guests, where each unit has independent outside access and where provision may be made for limited cooking in individual rooms.
MOTOR VEHICLE
For the purposes of this chapter, a motor vehicle shall be defined to include automobiles, motorcycles, trucks, vans, motorized farm equipment or machinery, all-terrain vehicles, snowmobiles, or similar vehicles.
MOTORIZED VEHICLE SERVICE STATION AND/OR REPAIR SHOP
See "automotive repair shop" and automotive service station."
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid, 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 PA Solid Waste Management Act[1] 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.
MUNICIPAL WASTE LANDFILL
A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition landfill or a facility for the land application of sewage sludge.
MUNICIPALITY
Kelly Township, Union County, PA.
MUSEUM
See "cultural facilities."
NATURAL AREA
An undisturbed area, left in its natural state.
NEIGHBORHOOD RETAIL ACTIVITIES
Retail stores, shops, or establishments designed to provide service to a limited neighborhood area and oriented to pedestrian or limited vehicular traffic, including general stores, antique or gift shops, equipment repair facilities, personal service businesses or similar types of facilities.
NEW CONSTRUCTION
The 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 March 1, 1977, and includes any subsequent improvements thereto.
NIER
Non-Ionizing Electromagnetic Radiation.
NO IMPACT HOME BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
NONCONFORMING LOT
A 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 § 27-901 for applicable provisions.)
NONCONFORMING STRUCTURE
A 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 § 27-900 for applicable provisions.)
NONCONFORMING USE
A 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.
NURSERY
Land or greenhouses used to raise flowers, shrubs, trees, and plants for sale.
NURSING HOME
A state-licensed institutional establishment which provides full-time convalescent or chronic nursing and/or medical care for individuals, usually the elderly. Such facilities shall not provide surgical, obstetrical or other services generally provided by a hospital.
OBSTRUCTION
Any 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 down-stream to the damage of life or property.
ON-LOT, UNENCLOSED STORAGE
See "storage, on-lot unenclosed."
OPEN SPACE
Space not occupied by a structure, open to the sky, and on the same lot with the building or structure.
1. 
OPEN SPACE, PUBLICAny land area set aside, dedicated, designated or reserved for public enjoyment.
2. 
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 complementary 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.
OUTDOOR COMMERCIAL OR INSTITUTIONAL RECREATIONAL DEVELOPMENT
See "recreational development, outdoor commercial or institutional."
OUTSIDE DISPLAY OR SALE
The display, accumulation, and/or sale of merchandise or products, authorized as accessory to an approved, principal use in a C-H-M District, which is located outside of the enclosed principal building(s) on the site. (See § 27-508.)
PARALLEL WALL SIGNS
A type of wall sign which is fastened to or painted on the wall of a building and which does not protrude more than 12 inches from the wall of such building.
PARK OR PLAYGROUND
A public, semi-public or private park or park-type facility-which provides for 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. (See also "recreation area.")
PARKING AREA
An open area, other than a street or other public way, used for the parking of automobiles which is available to the public whether for a fee, free, or as an accommodation for clients or customers.
PARKING SPACE
An off-street area on a lot available for the parking of one motor vehicle and having direct, usable access to a street or road. For the purposes of this chapter, parking space shall include uncovered lot space located off of any right-of-way and/or enclosed garage space. (See also Part 8.)
PARTY WALL
A wall on an interior lot line or a wall adapted for joint service between two buildings; i.e., a common wall.
PEDESTRIAN ACCESSWAY
A walkway, sidewalk, path or similar accessway designated for use by pedestrians as a means of accessing a specific building, development, recreation site or open space area.
PERMITTED USE
A principal or accessory use allowed in a zoning district, subject to the applicable district regulations, and approved by the Zoning Officer. (See also "use.")
PERSONAL CARE HOME
A state-licensed institutional facility providing supervised care services, including meals and less than full-time skilled or intermediate nursing care, for individuals, usually the elderly.
PERSONAL SERVICE BUSINESS
For the purposes of this chapter, a personal service business shall include but need not be limited to a barber shop, beauty parlor, self-service laundry and dry cleaning establishment, a tailor or dress-making shop, small appliance or equipment repair facility, or other establishment of a related nature.
PERSONAL STORAGE WAREHOUSE
A warehousing 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.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination or 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. (See also § 27-410)
PLANNING COMMISSION
The Planning Commission of Kelly Township, Union County, PA.
PORTABLE SIGNS
Any sign which is not securely attached to the ground or a building or structure.
PRIMARY HIGHWAY SYSTEM
That 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
An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. 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. Referred to as "PSES."
PRINCIPAL USE
See "use, principal."
PRISON
See "correctional institution."
PROFESSIONAL OFFICE
The office of a member of a recognized profession. 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 only secondary to the residential use of the dwelling.
PROJECTING WALL SIGN
A type of wall sign which is wholly or partially dependent upon a building for support and which protrudes from the building more than 12 inches in such a way that the sign has two faces upon which information can be displayed.
PUBLIC ENTERTAINMENT FACILITY
See "entertainment facility, public."
PUBLIC HEARING
A 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 MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. § 701 et seq., known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
QUARRYING OPERATION
See "mineral extraction operation."
RECREATION AREA
An outdoor public, semi-public, or private facility intended to provide recreational enjoyment to or for its users, i.e., a park, playground, tot lot, or similar facility. (See also "park or playground.")
RECREATIONAL DEVELOPMENT, OUTDOOR COMMERCIAL OR INSTITUTIONAL
A commercial or institutional, outdoor recreational facility, including a golf course, golf driving range, a miniature golf course, campground or recreational vehicle park, ski area, church or service-club affiliated camp, a shooting or hunting preserve or sporting clays range, and similar facilities.
RECREATIONAL VEHICLE
A vehicle which is:
1. 
Built on a single chassis;
2. 
Not more than 400 square feet, measured at the largest horizontal projections;
3. 
Designed to be self-propelled or permanently towable by a non-commercial truck;
4. 
Not designed for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
RECREATIONAL VEHICLE PARK
Any site upon which two or more recreational vehicles are, or intended to be located. (See also "campground" and "recreational development, outdoor commercial or institutional.")
REGULATORY FLOOD
The flood that has been selected to serve as the basis upon which the Floodplain Management provisions of this chapter have been based; the 100-year flood.
REGULATORY FLOOD ELEVATION
The 100-year flood elevation.
REPETITIVE LOSS
Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
RESIDENTIAL CLUSTER DEVELOPMENT
See "cluster development, residential."
RESIDUAL WASTE
Garbage, refuse, and other discarded material or other waste including solid, liquid, semisolid 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[2] nor treatment sludges from coal mine drainage treatment plants, disposal of which is being carries on under and in compliance with a valid permit issued under the Clean Streams Act.[3]
RESIDUAL WASTE LANDFILL
A facility for disposing of residual waste. The term does not include a residual waste impoundment or a facility for the land application of residual waste. The term also does not include a facility at which municipal waste, other than industrial lunchroom or office waste generated by the operator, construction/demolition waste generated by the operator, or certain special handling waste, is disposed.
RESTAURANT
A 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 BUSINESS ESTABLISHMENT
A 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.
RETIREMENT CENTER
For the purposes of this chapter, a "retirement center" shall be defined as a facility, establishment or development designed to meet the needs of, and exclusively for, senior citizens.
RIDING ACADEMY
An establishment where horses are kept for riding, jumping or showing for compensation or incidental to the operation of any club, association or similar group.
ROADSIDE STAND
A temporary or permanent booth, stand or shelter located along a roadway (but off of the road right-of-way) from which farm, nursery or greenhouse products are offered for sale to the general public. For the purposes of this chapter, a "temporary roadside stand" shall be defined as a facility which is situated on a site only for the growing season.
ROOF
The outside cover of a building or structure other than its walls, including all of the materials and construction necessary to maintain the cover upon its walls or other support.
ROOF SIGNS
A sign that is mounted on the roof of a building and is wholly dependent upon a building for support.
ROOMING HOME
See "BOARDING OR ROOMING HOME."
SATELLITE DISH
For 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.
SAWMILL
A building or business establishment equipped with machinery for cutting lumber into boards.
SCHOOL
An 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, or other adjudicated individuals, nor other detentional or retentional facilities providing residential or "live-in" services. (See also "correctional institution" and "institutional residence.")
SCREEN PLANTING
The provision of a barrier to visibility, glare and noise between adjacent properties made of plant materials, such as trees or shrubs which will be of such species that will produce the desired visual screen. Such plantings shall however adhere to the requirements of § 27-506 and shall be broken at points of vehicular or pedestrian access or utility easements.
SEASONAL DWELLING
A 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 permanent seasonal dwelling.
SEASONAL ZONING PERMIT
A zoning permit issued seasonally and/or annually by the Zoning Officer which authorizes the temporary placement of a roadside stand, or recreational vehicle or camping unit on an individual lot, or the placement of a camping unit in a campground which is situated in any designated floodplain in Kelly Township.
SEWAGE FACILITY
A system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of the commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other wastes.
SEWAGE SYSTEM, COMMUNITY
A 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.
SEWAGE SYSTEM, INDIVIDUAL
A 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 or into waters of the commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.
SHOPPING CENTER
For the purposes of this chapter, a shopping center shall be defined as a group of three or more commercial establishments, planned, developed, owned and managed as a unit and related in location, size and type of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the types and sizes of stores. This definition shall also include the term "shopping mall."
SIGN
Any device, structure or object used 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 government.
SIGN AREA
The entire face of a single side of a sign, including all advertising surface and any framing, trim, molding, or border area, but excluding any supporting framework or bracing.
SIGN HEIGHT
The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
SLAUGHTER HOUSE
A building or structure where animals are butchered. Such a facility may be associated with an animal husbandry operation or may be an independent, principal use in an Agricultural District. (See also "concentrated animal operations.")
SMALL COTTAGE
Small, separate, manufactured, relocatable residences that are placed on the side or rear yard of a family home for occupancy of a qualified applicant who is a member of the family occupying the principal residence. The cottage offers autonomy for its occupant along with easy access to the host family who can provide assistance. When no longer occupied, the cottage is removed from the property.
SOLAR EASEMENT
A solar easement means a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR PANEL
That part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLAR RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for collection of solar energy.
1. 
SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
2. 
SOLAR CELLThe smallest basic solar electric device that generates electricity when exposed to light.
3. 
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
027 Solar Related Equipment.tif
SOLID WASTE
Any waste, including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semi-solid or contained gaseous materials. (See also "municipal waste" or "residual waste.")
SPECIAL PERMIT
A special approval needed for specific types of development being proposed to be located in any portion of the designated floodplain. (See § 27-607 for a listing of the activities requiring special permits and details for submission of applications for such activities.)
SPECIFIED ANATOMICAL AREAS
For the purposes of this chapter, such areas shall include less than completely and opaquely covered: human genitals, pubic region; buttock; female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
For the purposes of this chapter, such activities shall include sexual stimulation or arousal of human genitals; acts of human masturbation, oral sex, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
STABILIZED
For the purposes of this chapter, the term stabilized shall be used to describe the surface of a road, driveway, accessway, off-street parking space or parking area. A properly stabilized surface shall be made of durable material and shall be compacted so as to be generally dustless during its use. Such surfaces may be made of bituminous, approved oil and chip, or compacted gravel materials.
STABLE
A building in which one or more horses are boarded, whether or not for compensation, hire or sale.
STORAGE
A place or space for storing goods, articles of personal property, materials, equipment, etc.
STORAGE FACILITIES, ENCLOSED
See "warehousing facilities."
STORAGE TRAILER, ACCESSORY
For the purposes of this chapter, an accessory storage trailer shall be defined as that part of a tractor trailer truck which is pulled by the tractor, but which has been detached from the tractor, placed on a lot with a principal use, and is being used for storage, as an accessory use.
STORAGE, ON-LOT UNENCLOSED
For the purposes of this chapter, on-lot unenclosed storage shall be defined as storage, as an accessory use, of materials, vehicles, equipment or other items of personal property (excluding products used in the performance of agricultural activities) on a lot occupied by the owner of the item(s). (See also § 27-507.)
STREET
Any thoroughfare, whether public or private, located in whole or in part within Kelly Township, excluding alleys. The word "road" may be used interchangeably with the word "street."
STREET LINE
The dividing line between the street right-of-way and the lot.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including buildings, sheds, telecommunications towers, fences and signs, but excluding poles, playground equipment, dog houses, 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.
1. 
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.
2. 
STRUCTURE, PRINCIPALThe main or primary structure on a given lot.
STUDIO
A place where a musician or artist does his work.
SUBDIVISION
The 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 DAMAGE
Damage 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 IMPROVEMENT
Any 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 which 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.
SUPERMARKET
See "grocery store."
SUPERVISORS OR TOWNSHIP SUPERVISORS
The Board of Supervisors of Kelly Township, Union County, PA; the elected governing body of the municipality.
SWIMMING POOL
A 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. Such pools may be private, public or semi-public in nature. (See also § 27-433.)
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TEMPORARY SIGNS
Promotional flags or pennants, temporary portable signs, temporary business identification signs, political signs or other special promotional or advertising devices or banners, or temporary event signs intended to be erected for a limited period of time to call attention to a legally permissible special event.
TEMPORARY STRUCTURE
A non-permanent structure or building which is located on a lot in the Township for a specified duration. Some temporary structures may be only permitted for very short periods of time, while others may be authorized for as much as six months in any given year.
TEMPORARY USE
A short-term use or special activity which occurs in the Township, including but not limited to carnivals, circuses, open-air cultural, religious 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.
TEMPORARY ZONING PERMIT
A Zoning Permit authorized by the Zoning Officer for a non-permanent 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 accessory uses.
TRAFFIC OR ROADWAY SIGNS
Signs erected by or with the approval of the Township Supervisors or PADOT which are intended to direct or inform the general public about traffic or roadway conditions.
TREE FARM
Land used for the purpose of growing trees for sale.
USE
The 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.
1. 
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. [See also § 27-427 Subsection 1A(6).]
2. 
USE, PRINCIPALThe primary purpose for which a lot is occupied or utilized.
UTILITY SUPPLY FACILITY
A facility owned or operated by the Township, a municipal authority, or an agency or Department of the Commonwealth of Pennsylvania, or the Federal Government providing reservoirs and/or treatment facilities for potable or non-potable water, wastewater, and sewage treatment, electrical generation and distribution, pumping and boosting stations, and similar facilities used or required as part of a utility service. Electrical production shall include solar, wind turbine farms, hydro power, fossil fueled, or alternative fueled facilities.
VARIANCE
A modification of the provisions of this chapter which the Zoning Hearing 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 § 27-1001, Subsection 1C for additional details and criteria to be utilized when a variance is requested.)
VETERINARY CLINIC
See "clinic, veterinary."
VETERINARY HOSPITAL
An establishment where animals are given medical or surgical treatment and may be boarded for short-term care incidental to their treatment.
WALL
A vertical architectural structure that serves to define and divide space, especially the sides of a building that connect the foundation to the roof.
WALL SIGNS (PARALLEL OR PROJECTING)
Signs attached to a wall or part of a wall of a building or structure which advertise products sold or directly related to the premises upon which they are located, e.g., business identification signs. For purposes of this chapter, such signs shall not include billboards or advertising sign boards, as defined above.
WAREHOUSING FACILITY
A 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 FACILITY
Any water works, water supply works, water distribution system or part thereof designed, intended or constructed to provide or distribute potable water.
WATER SYSTEM
A water facility providing potable water to individual lots or the public for human consumption.
1. 
WATER SYSTEM, NON-PUBLICAll water systems which are not public water systems.
2. 
WATER SYSTEM, OFF-LOTAn 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.
3. 
WATER SYSTEM, 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.
4. 
WATER SYSTEM, PUBLICA water system as defined by the PA 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.
WETLANDS
Areas 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 saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes, but is not limited to, wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of PA, the PA Coastal Zone Management Plan, the United States Fish and Wildlife National Wetland Inventory and a wetland area designated by a river basin commission.
WINDOW SIGNS OR DOOR SIGNS
Signs which are applied or attached to the exterior or interior of a window or door, or which are located in such a manner within a building that they can be seen from the exterior of the building through a window or door.
WINERY
A tract of land and building for the purpose of the production of wine including facilities for the processing of juices, grapes and crops into wine and the storage and sale thereof, duly licensed by all applicable federal, local, and Commonwealth of Pennsylvania laws, ordinances, statutes, rules and regulations.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure that could support the placement or installation of wireless telecommunications facilities if approved by the Township.
WIRELESS TELECOMMUNICATIONS FACILITY
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.
YARD
An open space which lies on the same lot with a building or structure, unoccupied and unobstructed from the ground upward.
1. 
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.
2. 
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.
3. 
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 from the ground upward.
4. 
YARD, REQUIREDThe minimum area or open space required by this chapter to be provided between any front, side or rear lot line and a principal or accessory building(s) or structure(s) on the lot.
ZONING HEARING BOARD
The Zoning Hearing Board of Kelly Township, Union County, PA; appointed by the Township Supervisors.
ZONING MAP
The Official Zoning Map of Kelly Township, Union County, PA, together with all notations, references and amendments which may subsequently be adopted. Said map is made a part of this chapter as established in § 27-202.
ZONING OFFICER
The administrative officer duly appointed by the Township Supervisors and charged with the duty of enforcing the provisions of this Chapter 27, Zoning, of the Code of Kelly Township.
ZONING PERMIT
1. 
The permit required by this chapter for the construction, alteration, razing, or change of use of any building or structure.
2. 
A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements of this chapter for the district in which it is to be located. (See also "seasonal zoning permit" and "temporary zoning permit.")
[1]
Editor's Note: See P.S. § 6018.101 et seq.
[2]
Editor's Note: See 52 P.S. § 30.51 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.