Specific words and phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter.
ABANDONMENTThe relinquishment of property, or a cessation of the use of the property, by the owner for a period of one year or more with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
ACCESS DRIVEA paved surface, other than a street, which provides vehicular access from a street or private road to a lot.
ACCESSORY APARTMENTA dwelling unit created within an existing dwelling that is smaller than and accessory to the principal dwelling unit in the same building.
ACCESSORY BUILDING/STRUCTUREA subordinate building or structure serving a purpose customarily incidental to the use of the principal building or structure and located on the same lot as the principal structure or use.
ACCESSORY SOLAR PHOTOVOLTAIC SYSTEMA solar energy system whose main purpose is to generate and supply electricity to the property on which the facility is located.
[Added 4-7-2020 by Ord. No. 01-2020]
ACCESSORY USEA use of land or of a building customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
ACTThe Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
ADJUSTED TRACT AREA APPROACHOne of two methods for determining the maximum number of permitted dwelling units in conservation subdivisions, where the adjusted tract area of the site equals the gross tract area minus the constrained land on the site. The actual methodology is provided in this chapter. The other method is the yield plan.
ADULT-RELATED FACILITIESA business or club, which engages in one or more of the following areas of sales, services or entertainment:
(1) ADULT BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
(2) ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.
(3) ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade:
(a) Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(4) ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(6) ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(7) ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.
(8) ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(9) ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(10) ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(11) ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
(12) ADULT OUT CALL SERVICE ACTIVITYAny establishment or business which provides an out call service, which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
(13) ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the commonwealth, to engage in sexual therapy.
(14) ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
(15) Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
AGRIBUSINESS OPERATIONSAn enterprise that is actively engaged in the intensive commercial production and preparation for market of livestock, livestock products, animal husbandry, and poultry. There are four categories and requirements for an agribusiness operation that are based on their potential to cause environmental harm. All categories must obtain and implement a nutrient management, erosion and sediment control plan and obtain a certification/permit from the County Conservation District or the State Conservation Commission and Department of Environmental Protection.
(1) Category CAO (Concentrated Animal Operations) is an operation with more than two animal equivalent units per acre of land suitable for manure application and owned or managed by a farmer. An animal equivalent unit under this category is defined as 1,000 lbs. of animal weight.
(2) Category CAFO (Concentrated Animal Feeding Operation).
(a) Type 1: The largest is any livestock or poultry facility with more than 1,000 animal equivalent units.
(b) Type 2: Operations with 301 to 1,000 animal equivalent units that are CAOs and in special protection watersheds.
(c) Type 3: Operations with 301 to 1,000 animal equivalent units that are CAOs.
(3) Category LIO (Livestock Intensive Operation) includes any agricultural operation in Pennsylvania in which the average animal density exceeds two animal equivalent units per acre of cropland or acre suitable for application of animal manure on an annualized basis.
AGRICULTURE OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock products and in the production, harvesting and preparation for the market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry. (Note: MPC Section 107, "agricultural operation" definition.)
AIRPORT SAFETY OVERLAY (ASO) ZONEA special zoning district regulating the area around an airport. The following definitions apply to the Airport Safety Overlay Zone.
(1) AIRCRAFTAny contrivance, except a nonpowered hang glider or parachute, used for manned ascent into or flight through the air.
(2) AIRPORTThe Mid-Atlantic Soaring Center Airport, herein after "airport," or any other airport created hereafter.
(4) AIRPORT HAZARDAny structure or object, natural or man-made, or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at the airport or is otherwise hazardous as defined by "airport hazard" in the Aviation Code, 74 Pa.C.S.A. § 5102.
(5) AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for the ASO regulations and the Aviation Code.
(6) APPROACH SURFACEA surface longitudinally centered on the extended runway center line of the airport, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation.
(7) CONICAL SURFACEA surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
(8) FAAFederal Aviation Administration of the United States Department of Transportation.
(9) HEIGHTFor the purpose of determining the height limits in all zones set forth in the ASO regulations and shown on the airport height limitations and ASO Zoning Map, the datum shall be mean sea level elevation.
(10) HORIZONTAL SURFACEFor the purpose of determining the horizontal surface in ASO Zone, the horizontal plane shall be established at 150 feet above the established airport elevation, the perimeter of which in plane coincides with the perimeter of the horizontal surface zone.
(11) NONPRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
(12) OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Airport Safety Overlay regulations.
(13) PRIMARY SURFACEA surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The width of the primary surface is 250 feet.
[Amended 5-3-2016 by Ord. No. 2016-01]
(15) STRUCTUREFor the purposes of the ASO regulations, a structure is an object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.
(16) TRANSITIONAL SURFACESThese surfaces extend outward at 90° angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90° angles to the extended runway center line.
(17) TREEFor the purposes of the ASO regulations, any object of natural growth.
(18) HANGARA partially or fully enclosed building constructed for the purpose of providing a space for the storage of aircraft and aircraft parts.
[Added 2-5-2013 by Ord. No. 2013-01]
ALLEYA public thoroughfare primarily for service access to the rear or sides of properties and is 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 existing facilities, or an enlargement, whether by extending on a side or by increasing in height, of the moving from one location or position to another.
AMATEUR RADIO ANTENNAAn accessory structure or device, partially or wholly exterior to a building that is used for receiving and/or transmitting electronic signals or shortwave or citizens band radio frequencies, including ham radios. Amateur radio antennas are not considered communication towers and antennas as regulated in this chapter.
AMENDMENTA revision to this chapter text and/or the Official Zoning Map and meeting the process requirements of Article
VI, Administration and Enforcement, of this chapter.
AMUSEMENT PARKAn outdoor commercial recreation facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, and restaurants, and souvenir sales; however, under no circumstances shall amusement parks include adult-related facilities.
ANIMAL HOSPITALAny establishment offering veterinary services. Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals.
ANTENNA HEIGHTThe vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average height between the highest and lowest grades shall be used in calculating the antenna height. The vertical distance shall not include the antenna (which shall not exceed 15 feet in height) located on top of the antenna support structure.
ANTENNA SUPPORT STRUCTUREAny pole, telescoping mast, tower, tripod, or any other structure, which supports a device used in the transmitting or receiving of radio frequency energy.
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, tentative 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.
[Amended 5-3-2016 by Ord. No. 2016-01]
ARCADEAn indoor commercial recreation facility or part of a building in which pinball machines, video games, or other similar player-operated amusement devices are present and maintained as the primary use. For the purpose of this definition, "primary use" means 51% or more of the gross floor area of the portion of the structure being use (not to include any area of a structure being used as storage).
ATTICThat part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of seven feet or more, and a permanent stationary interior access stairway to a lower building story.
AUTOMOBILE FILLING STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales, nor rental or automatic car washes.
AUTOMOBILE, BOAT, TRAILER, TRUCK, FARM MACHINERY, AND MOBILE HOME SERVICE AND REPAIRAn establishment where repairs, improvements, and installation of parts and accessories for motor vehicles are conducted that involves work that is more intense in character than work permitted under the definition of automobile filling station. A repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions.
BANQUET HALLAny place of business maintained, in whole or in part, for public rental for the purpose of private party events, whether family, group, or corporate in nature, where access by the general public is restricted, and with or without the sale, serving, or consumption of alcoholic beverages. A banquet hall may have a dance floor located in the room where the meals for events are consumed.
[Added 5-3-2016 by Ord. No. 2016-01]
BASEMENTA story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance of the basement ceiling is five feet over the average adjoining grade or ground level or if used for business or dwelling purposes, other than a game or recreation room.
BED-AND-BREAKFAST INNA single-family detached dwelling, not to exceed 10 rooms that are rented to overnight guests on a daily basis. Meals may be offered only to registered overnight guests.
BOARDThe Zoning Hearing Board of Liberty Township.
BOARDINGHOUSEA detached building or portion thereof arranged or used for sheltering or feeding, or both, as a gainful business, for more than three and not more than 10 individuals that do not constitute a family.
BUFFEROpen spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.
BUILD-TO-LINEA line which dictates the placement of a building or structure from the edge of sidewalk on which the building fronts. On the corner lot, there shall be a build-to-line on both sides of the lot which have street frontage.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosures of persons, vehicles, animals, or belongings, and including covered porches or bay windows and chimneys.
BUILDING AREAThe 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, awnings, terraces, and steps.
BUILDING COVERAGEThe horizontal area measured with the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING ENVELOPEThe portion of a lot that designates the area on a lot where buildings and structures may be constructed.
[Amended 10-3-2006 by Ord. No. 2006-03]
BUILDING HEIGHTThe mean grade at the front of the structure to the highest point of the structure, excluding chimneys, spires, towers, elevator penthouses, tanks and similar projections.
BUILDING SETBACK LINEThe line within a property defining the required minimum distance between any structure and the adjacent right-of-way or property line.
CAMPGROUNDA plot of ground upon which one or more campsites are located, established, or maintained for regular occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes. Pennsylvania Department of Health requires a permit for campgrounds which meet the following definition: a portion of land used regularly for the purpose of providing a space for a camping unit regardless of whether a fee has been charged for the leasing, renting or occupying of the space, in accordance with the Pennsylvania Code, Title 28, Chapter 19. The campground may be an organized camp that includes a combination of programs and facilities established for the primary purpose of providing an outdoor living experience for children, youth, and adults with social, recreational, and educational objectives and operated and used for five or more consecutive days during one or more seasons a year. There must be a named individual who has responsibility for the campground.
[Amended 11-19-2019 by Ord. No. 2019-03]
CAMPING UNITA tent, trailer, lean-to or recreation vehicle established or maintained as temporary living quarters for recreation, education, or vacation purposes.
[Amended 11-19-2019 by Ord. No. 2019-03]
CAMPSITEAny plot of ground within a campground intended for exclusive occupancy by a camping unit or units under the control of a camper.
CARPORTAn unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts except that one or more walls may be the walls of the main building to which the carport is accessory.
CARTWAYThe area of a road or other street within which vehicles are permitted, including travel lanes but not including shoulders, curbs, gutters, sidewalks, or drainage swales.
[Added 4-7-2020 by Ord. No. 01-2020]
CAR WASHESA building designed and used primarily for the washing and polishing of vehicles and which may provide accessory services related to washing and polishing.
CELL SITEA tract or parcel of land that contains the cellular phone antenna, its support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to cellular phone transmission.
CELLARA space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area or as a story of permissible building height.
CEMETERYProperty used for the interring of the dead
CHANNELA natural or artificial watercourse with a definite bed and banks, which confine and conduct continuously or periodically flowing water.
CHURCHES and PLACES OF WORSHIPA building or structure, or group of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses, including cemeteries but not including campgrounds, which shall be considered a primary use and shall meet the campground requirements herein.
CLUBHOUSES FOR PRIVATE CLUBSAn organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are not conducted any vending stands, merchandising or commercial activities except as required for the membership of such club. Clubs shall include but not be limited to service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include adult-related facilities as defined herein.
COMMERCIAL RECREATION FACILITYAn activity operated as a business, open to the public, for the purpose of public recreation or entertainment. This does not include adult-related uses, as defined herein.
(2) OUTDOOR COMMERCIAL RECREATION FACILITYA commercial recreation facility operating outdoors, including but not limited to amusement parks, drive-in motion-picture facilities, swimming pools, and miniature golf courses.
COMMISSIONThe Planning Commission of Liberty Township.
CONDITIONAL USEA use permitted in a particular zoning district pursuant to the provisions in §
350-603 of this chapter.
[Amended 5-3-2016 by Ord. No. 2016-01]
CONDOMINIUMA form of ownership providing for individual ownership of a specific dwelling unit, or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.
CONSERVATION AREAThe area in the conservation subdivision (Conservation and Agriculture Rural Districts) that is devoted to open space and constrained areas. The use table in the district describes the type of uses permitted in the conservation area. The conservation area is delineated at the time of subdivision and land development and may only be used for conservation purposes and not further subdivided.
CONSERVATION EASEMENTThe grant of a property right stipulating that the described land will be permanently protected in its natural state or permitted state prescribed in the ordinance and precluding any future subdivision and land development.
CONSERVATION PLANA plan including a map(s) and narrative that, at the very least, outlines erosion and sedimentation control plan for an identified parcel of land.
CONSERVATION SUBDIVISIONA land development process that seeks to identify and permanently protect special natural and/or environmental features and open space in designated conservation areas or preserves.
CONSTRAINED LANDAreas of a parcel identified when performing the adjusted tract area calculation in conformance with this chapter. The calculation is required for conservation design subdivisions and represents all rights-of-way of existing public or private streets and overhead utilities and floodways and portions of the 100-year floodplain, wetlands, and steep and moderate slopes.
CONTINUING CARE RETIREMENT COMMUNITYA community licensed by the Commonwealth Department of Insurance and offering a range of housing, support and health care services so older people do not have to move when their needs change. Many offer independent living (single or multifamily units) and personal care units as well as long-term care nursing centers, all at one campus and developed as a planned unit development.
CONTRACTOR SHOPSA shop for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinet making, and other structural components of buildings.
CONVERSION APARTMENTA multifamily dwelling constructed by converting an existing single-family dwelling into no more than two additional dwelling units, which does not substantially altering the exterior of the building.
COUNTYAdams County, Pennsylvania.
DAY CARECare provided for individuals, either children or adults, by an unrelated individual. Care is provided for part of a twenty-four-hour day. The following definitions apply to different types of child and adult day care in accordance with Chapter 3270, Child Day Care Centers, of Title 55, Human Services, of the Pennsylvania Code and Pennsylvania Department of Aging, Pennsylvania Code, Title 6, Chapter 11, as revised or amended.
(2) FAMILY DAY-CARE HOMEA Pennsylvania state-certified home other than the child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator.
(3) OLDER ADULT DAILY LIVING CENTERSA facility licensed through the Pennsylvania Department of Aging and operated for profit or not-for-profit to provide daily living services for part of a twenty-four-hour day to four or more older adults, who are 60 of age or older or 18 years and older with a dementia-related disease and who are not a relative of the operator, in accordance with the Pennsylvania Code, Title 6, Chapter 11, as revised or amended.
DECISIONFinal adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Adams County Court of Common Pleas.
DENSITYThe number of dwelling units permitted per acre of land.
DEPThe Pennsylvania Department of Environmental Protection.
[Added 4-7-2020 by Ord. No. 01-2020]
DETERMINATIONFinal action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the governing body or the Zoning Hearing Board. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPERAny landowner, agent 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 buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT AREAThe area in a conservation subdivision (Conservation and Agriculture Rural Districts) that is set aside for development of cluster residential and other uses permitted in the development area of the zone. The development area is delineated at the time of subdivision and land development.
DEVELOPMENT PLANThe provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
[Amended 5-3-2016 by Ord. No. 2016-01]
DRIVE-THROUGH FACILITIESAn accessory use involving a customer being able to order and receive food or other items or make financial transactions while the customer remains within their vehicle.
DRIVEWAYAn improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm.
DWELLINGA single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
(1) SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family and having two side yards, one front yard, and one rear yard; in the case of a corner lot, the building will have two front and one side and rear yards. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to the permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling. (See Figure 1.)
 Figure 1 |
(2) DUPLEX (TWO-FAMILY; SINGLE-FAMILY SEMIDETACHED)A freestanding building containing two dwelling units for two families, arranged in a side-by-side (Figure 2) or over-and-under (Figure 3) configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard. (See Figure 2 and 3.)
 Figure 2 |  Figure 3 |
(3) MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units. (See Figure 4.)
 Figure 4 |
(4) TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls. (See Figure 5.)
 Figure 5 |
ESTATE LOTSLots in a conservation subdivision that larger than five or 10 acres depending on the zoning district. The estate lots may encompass the entire parcel as long as identified constraints are preserved and not built upon.
FAMILYA single individual living alone as a separate housekeeping unit and doing his/her own cooking, or a collective body of people living together in a domestic relationship which may or may not be based upon birth, marriage, custodianship, adoption or other domestic bond as a single housekeeping unit based on an intentionally structured relationship providing organization and stability and doing their own cooking with or without assistance from others. This definition does not include persons occupying a hotel, dormitory, lodge or boardinghouse.
FARMAny parcel of land with 10 or more acres which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.
FARM OCCUPATIONAn accessory/secondary use to the primary agricultural use of a property in which residents engage in a secondary occupation conducted on the farm.
FARM-RELATED BUSINESSESA business that supports the farm activity provided in Liberty Township and meets the regulations of Article
IV.
FENCEAny freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire mesh or masonry, composite materials, single or in combination, erected for the purpose of screening or dividing one property from another to assure privacy, or to protect the property so screened or divided, or to define and mark the property line, when such structure is erected or within two feet of any front, side or rear lot line.
FILLMaterial placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, jetties, embankments, and causeways.
FLOOR AREA OF A BUILDINGThe sum of the gross horizontal areas of the several floors of a building and its accessory building on the same lot, excluding basement floor areas not used as a primary living, sleeping quarters and commercial space, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA, GROSSThe sum of the gross horizontal area of the floors of a building or structure, measured from the exterior face of exterior walls, or from the center line of a common wall separating two buildings. Any space where the floor-to-ceiling height is less than five feet is excluded from the floor area.
FLOOR AREA, HABITABLEThe aggregate of the horizontal area of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathrooms, 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 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.
FLOOR AREA, NETThe total of all floor areas of a building, excluding stairwells, hallways, elevator shafts, equipment and utility rooms, interior vehicular parking or loading areas and all floors below the first or ground floor, except when intended to be used for human habitation or service to the public.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Forestry shall be allowed in any district. The following definitions relate to forestry activities:
(1) FELLINGThe act of cutting a standing tree so that it falls to the ground.
(2) LANDINGA place where logs, pulpwood, or firewood are assembled for transportation to processing facilities.
(3) OPERATORAn individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.
(4) PRE-COMMERCIAL TIMBER STAND IMPROVEMENTA forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
(5) SKIDDINGDragging trees on the ground from the stump to the landing by any means.
(6) SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
(7) STANDAny area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.
(9) TOPThe upper portion of a felled tree that is not merchantable because of small size, taper, or defect.
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation, including the sale of funeral equipment as an accessory activity.
GARAGE OR YARD SALEA sale of personal possessions conducted by an individual, group, or organization generally conducted in a residential garage or yard for a day or weekend; in the case of an organization or group the sale may be conducted in public or nonprofit property.
GENERAL WAREHOUSING AND STORAGEA building or group of buildings primarily used for the indoor storage, transfer, and distribution of products and materials.
GOLF COURSEA tract of land laid out for a least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse, shelters, maintenance and storage facilities, and a driving range.
GREENWAYAn area within the conservation subdivision's conservation area which is devoid of building and structures and lies in a natural state.
GROUP HOMEA dwelling inhabited by handicapped persons as identified and provided for by the Fair Housing Act. This definition does not include persons occupying a hotel, dormitory, lodge, halfway house, boarding house or institution. They are allowed wherever single-family homes are permitted.
HANDICAPPEDWith respect to a person, a physical or mental impairment, as hereinafter defined, which substantially limits one or more major life activities; a record of such impairment; or being regarded as having such an impairment. This term does not include current, illegal use of or addition to a controlled substance, as that term is defined in 21 U.S.C. § 802. For the purpose of these guidelines, an individual shall not be considered to have a handicap solely because that individual is a transvestite or because of that individual's sexual preference, sexual activities or sexual proclivities.
HEALTH AND FITNESS CLUBA commercial business that offers active recreational and/or fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.
HEIGHT, BUILDINGA building's vertical measurement from the average ground level at the corners of the building to the highest point of the roof.
HEIGHT, STRUCTUREA structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.
HELIPORTA principal use where one or more helicopters may land/takeoff and are stored. Such use may also include support services such as fueling and maintenance equipment, passenger terminals and storage hangers.
HOME BUSINESSThe routine use of a portion of a dwelling or its accessory buildings for the conduct of business that routinely includes visits by customers, clients, salespersons and suppliers.
HOMEOWNERS' ASSOCIATIONAn organization of property owners within a development established for the ownership, administration and maintenance of the common open space within the development. Such organizations are generally consistent with the requirements for unit owners associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
HOSPITALAn institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
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 guests and where only a general kitchen and dining room are provided within the building as an accessory use or where no kitchen and/or dining facilities are provided.
IMPERVIOUS SURFACEA surface that prevents the infiltration of water into the ground. Impervious surfaces (or cover) shall include, but are not limited to, roofs, additional indoor living spaces, decks, patios, garages, storage sheds and similar structures, parking or driveway areas and any new streets or sidewalks. Any area initially designated to be gravel or crushed stone shall be assumed to be impervious surface.
[Amended 5-3-2016 by Ord. No. 2016-01]
INTERIOR DRIVEAny on-site vehicular movement lane(s) that is associated with a use other than a single-family dwelling.
JUNKUsed materials, discarded materials, or both, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings and appliances, machinery, vehicles or parts thereof, all of which are being stored awaiting potential reuse or ultimate disposal.
JUNKYARDA lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of junk as defined herein.
KENNELA state-licensed facility through the Department of Agriculture containing indoor and outdoor housing facilities for dogs in accordance with the Pennsylvania Code, Title 7, Chapter 21, as amended or revised.
LAND DEVELOPMENTAny 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.
(3) Development in accordance with the water supply section of this chapter.
[Amended 5-3-2016 by Ord. No. 2016-01]
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 if authorized under the lease to exercise the rights of the landowner, or other person having proprietary interest in land, including an individual, partnership, association, limited partnership association or corporation.
LANDSCAPE SCREENA completely planted visual barrier composed of evergreen shrubs and trees arranged to form both a low-level and a high-level screen.
LIGHTINGThe following definitions shall apply to the artificial illumination of areas of parcels and/or buildings.
(1) FOOTCANDLEA unit of light intensity stated in lumens per square foot and measurable with an luminance meter, aka footcandle or light meter.
(2) GLAREThe sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye.
(3) LIGHT TRESPASSLight emitted by a lighting installation which extends beyond the boundaries of the property on which the installation is sited.
(4) LUMINANCEThe physical and measurable quantity corresponding to the brightness of a surface (e.g., a lamp, luminaries, reflecting material) in a specific area. Measurable with a luminance meter.
LOADING SPACEAn off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.
LONG-TERM CARE NURSING CENTERSA facility defined and licensed by the Commonwealth of Pennsylvania Department of Health in accordance with Title 28 of the Pennsylvania Code, Chapter 201. The facility provides skilled or intermediate nursing care services 24 hours a day and seven days a week to individuals who do not require more intensive hospital-based care.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit which is recorded in the Office of the Recorder of Deeds of Adams County by deed description or is described by an approved subdivision plan recorded in the Office of the Recorder of Deeds of Adams County.
[Amended 5-3-2016 by Ord. No. 2016-01]
(1) CORNER LOTA lot at the point of intersection of and abutting two or more intersecting streets, and which has an interior angle of less than 135° at the intersection of the two street lines. Corner lots shall have two front yards, one side and one rear yard.
(2) FLAG/PANHANDLE LOTFlag or panhandle type lots are permitted only as a remedy for existing land locked properties; those parcels with no access to a public or private road. Where by a minimum fifty-foot-wide corridor of land is added to the land locked parcel providing needed access. Flag and panhandle lots are not permitted in any new or proposed subdivisions. Interior parcels of these subdivisions must be accessed by private or public roads in accordance with Chapter
275, Subdivision and Land Development.
(3) INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
(4) THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
LOT AREAThe area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.
LOT COVERAGEA percentage of the lot area, which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks).
LOT DEPTHThe horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.
LOT WIDTHThe horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite property line.
MAJOR LIFE ACTIVITIESFunction such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
MANUFACTURINGA process whereby substances, raw materials, and/or semifinished materials are chemically, mechanically, or otherwise transformed to goods and products that have some economic value.
MANUREThe fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.
MANURE STORAGE FACILITIESA detached structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in ground storage, earthen bank, stacking area, and aboveground storage.
MEAN SEA LEVELThe average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.
MEDICAL OR DENTAL CLINICAny building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.
MINI WAREHOUSEA building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
[Amended 5-4-2016 by Ord. No. 2016-01]
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which a parcel is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARKA parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.
MOTELA facility which provides lodging to boarders for compensation, which contains more than eight rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.
NATURE PRESERVEArea in which human activities are very limited and where the natural environment is protected from man-made changes by a conservancy or conservation easement. The nature preserve includes woodland preservation, game preserves, and wildlife sanctuaries.
NIGHTCLUBAny building used for on-site consumption of food and alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Additionally, nightclubs can offer the retail sale of carry out beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
[Amended 5-3-2016 by Ord. No. 2016-01; 12-4-2018 by Ord. No. 2018-02]
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
[Amended 5-3-2016 by Ord. No. 2016-01]
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
[Amended 5-3-2016 by Ord. No. 2016-01]
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
[Amended 5-3-2016 by Ord. No. 2016-01]
NONCONFORMITY, DIMENSIONALAny aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.
NUDITYThe showing of the human male or female genitals or pubic area or buttocks with less than a fully opaque covering or the showing of female breast with less than fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genital in a discernibly turgid state.
NURSING, REST OR RETIREMENT HOMESFacilities designed for the housing, boarding, and dining associated with some level of nursing care. These may include continuing care retirement communities, long-term care and personal care centers, as defined herein.
OFFICEA place where the primary use is conducting the affairs of a business, professional, service, or government, including administration, recordkeeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods or products; or delivery of any materials, goods, or products, which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.
ON-SITE SEWER SERVICEThe disposal of sewage generated by one principal use within the confines of the lot on which the use is located or on a easement in a common open space area in a conservation subdivision, as approved by the Pennsylvania Department of Environmental Protection.
ON-SITE WATER SERVICEThe provision of a safe, adequate and healthful supply of water to a single principal use from a private well.
OPEN HOUSEAn event conducted as part of an attempt to sell or lease a property, whereby the property is open for public inspection. A paid advertisement in the local media and the on-site supervision by the property owner or his/her agent is required.
OPEN SPACEA space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.
OPEN SPACE, COMMON OR PUBLICA parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
[Amended 5-3-2016 by Ord. No. 2016-01]
OTHER ADULT USESAny establishment in which conduct, activity of the sale, distribution or exhibition of printed or drawn material which is pornography within the meaning ascribed to that work in this section is the source of a substantial and significant portion of gross business receipts. Such other adult uses shall include, but not be limited to, nude wrestling, male or female erotic dancers or strippers, escort centers and erotic massage parlors.
OUTDOOR SHOOTING RANGEAn area as part of a sporting or outdoor club in which skeet shooting, rifle shooting, or archery is practiced.
OVERLAY DISTRICTA zoning district that encompasses one or more underlying zones and deals with special situations specified in the district regulations. The overlay district imposes additional requirements above that required by the underlying district.
PA DEPPennsylvania Department of Environmental Protection.
PARENT LOTThe original tract of land prior to subdivision.
PARKING COMPOUNDA primary business where vehicles may be stored for short-term, daily, or overnight off-street parking, and connected to a street by an access drive.
PARKING LOTAn accessory use in which required, and possibly, additional parking spaces are provided subject to the requirements of this chapter.
PARKING SPACEAn off-street space available for the parking of one motor vehicle and having usable access to a street or alley.
PARKS, PRIVATEA recreational facility owned or operated by a nonpublic agency and/or conducted as a private gainful business.
PARKS, PUBLIC AND/OR NONPROFITThose facilities designed and used for recreation purposes by the general public that are 1) owned and operated by a government or governmental agency/authority, or 2) are operated on a nonprofit basis. This definition is meant to include the widest range of recreational activities, excluding adult entertainment uses and amusement arcades.
PennDOTPennsylvania Department of Transportation.
PERSONAn individual, corporation, partnership, association, or any other entity.
PERSONAL CARE CENTERA personal care home that requires a building larger than a single-family residential unit to accommodate the number of residents served and special and accessory commercial services provided, often called an assisted-living center. The personal care center may be a stand-alone facility or may be part of a continuing care retirement community.
PERSONAL CARE HOMEA facility defined and licensed by the Commonwealth of Pennsylvania Department of Human Services in accordance with Title 55 of the Pennsylvania Code, Chapter 2600. A personal care home is a premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration. A halfway house is not a personal care home.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PERSONAL SERVICESA small business provided in a total service area of less than 3,600 square feet including but not limited to barber, beauty tanning and health salons, tailors, and repair shops, excluding adult-related facilities.
PESTICIDEAny substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.
PETROLEUM PRODUCTOil petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as sludge, as oil refuse, or mixed with other wastes.
PHYSICAL OR MENTAL IMPAIRMENTAn impairment including the following disorders:
(1) Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine.
(2) Any mental or psychological disorder including, but not limited to, mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(3) Any physical disorder including, but not limited to, diseases and conditions including orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus (HIV) disease, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.
PLANNED CENTERA group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit.
PORNOGRAPHYThe depiction or dissemination of nudity, sexual conduct, sadomasochistic abuse or explicit and detailed verbal descriptions or narrative accounts of nudity, sexual excitement, sexual conduct or sadomasochistic abuse which, to the average person applying contemporary community standards, has as its dominant theme, taken as a whole, an appeal to prurient interest.
PREMISESThe property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessity or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:
(1) Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction, and not used by the activity, and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership;
(2) Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity;
(3) Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land, which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.
PRIME AGRICULTURAL LANDLand used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture's Natural Resource and Conservation Services Adams County Soil Survey.
PRINCIPAL BUILDINGA building or buildings in which is conducted the main or principal use of the lot on which said building is situated.
PRINCIPAL SOLAR PHOTOVOLTAIC SYSTEMA solar photovoltaic system constructed as an electricity-generating facility and whose main purpose is to generate and supply electricity to properties and uses beyond the property on which the facility is located, and which consists of one or more solar arrays and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
[Added 4-7-2020 by Ord. No. 01-2020]
PRINCIPAL USEThe main or primary use of land or structures.
[Amended 4-7-2020 by Ord. No. 01-2020]
PUBLICOwned, operated, or controlled by a governmental agency (federal, state, or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Board of Education).
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment prior to taking action on zoning-related matters. A forum held pursuant to notice under the Act of October 15, 1998 (P.L. 729, No. 93), 65 Pa.C.S.A. § 701 et seq., known as the "Sunshine Act," and subsequent amendments.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC SEWERA municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.
PUBLIC USESIncludes public and semipublic uses of a welfare and educational nature, such as schools, parks, fire stations, municipal buildings and garages.
PUBLIC UTILITIESUse or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.
PUBLIC WATERA municipal water supply system, or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.
QUARRYA place where rock, ore, stone, and similar materials are excavated for sale or for off-tract use.
RADIOACTIVE MATERIALAny natural or artificially produced substance which emits radiation spontaneously.
REGARDED AS HAVING AN IMPAIRMENTRegarded as having one of the following impairments;
(1) A physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting a limitation.
(2) A physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment.
(3) None of the impairments defined in "physical or mental impairment" of this definition but is treated by another person as having such impairment.
RESIDENTIAL USEAny use the provides permanent residences, not including temporary lodging such as hotels, motels, campgrounds, resorts, or bed-and-breakfast inns.
RESTAURANTAn establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition.
RESTAURANT, DRIVE-THROUGH OR FAST FOODAn establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off of the site.
RETAIL STORE/SALESRetail stores are those businesses whose primary activities involve the display and retail sales of goods and products. This term shall not include adult-related facilities as defined herein.
RIDING STABLES and EQUESTRIAN CENTERSA commercial establishment devoted to horses and any of the following activities: boarding, instructing, showing and riding, in accordance with the requirements of Article
IV.
RIGHT-OF-WAYA corridor of owned or eased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including but not limited to roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")
SADOMASOCHISTIC ABUSEFlagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SATELLITE DISH ANTENNAA device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrial and/or orbital-based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs," and "satellite microwave antennas."
SCHOOLA principal use in which supervised education or instruction is offered according to the following categories:
(1) COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the school district.
(2) NONPROFIT SCHOOLA school licensed by the Pennsylvania Department of Education for the purpose of providing elementary, secondary, and adult education, and operated by the school district.
(3) PRIVATE SCHOOLA school that offers elementary, secondary, post-secondary and/or post-graduate education that may, or may not, be operated as a gainful business.
(4) PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education, and operated by the school district.
(5) (c) Building construction and general contracting;
(g) Electrical contracting; and
(h) Other similar trades, as determined by the Zoning Hearing Board pursuant to §
350-602 of this chapter.
SETBACKThe required horizontal distance between a setback line and a property or street right-of-way line.
(1) SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly, called "required front yard."
(2) SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
(3) SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
SETBACK LINEA line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.
SEXUAL CONDUCTActs of masturbation, sexual intercourse, or physical contact with a person's clothed of unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal.
SIGNA device for visual communication that is used to bring the subject to the attention of the public. Signs do include lettering, logos, trademarks, or other symbols which are an integral part of the architectural design of a building, which are applied to a building, or which are located elsewhere on the premises; signs affixed to windows or glass doors or otherwise internally mounted such that they are obviously intended to be seen and understood by vehicular or pedestrian traffic outside the building; flags and insignia of civic, charitable, religious, fraternal, patriotic, or similar organizations; insignia of governments or government agencies; banners, streamers, pennants, spinners, reflectors, ribbons, tinsel, and similar materials; and inflatable objects. Signs do not include architectural features which may be identified with a particular business; signs within a building which are obviously intended to be seen primarily from within the building; flags of governments or government agencies; and displays of merchandise either behind store windows or outdoors. The following definitions relate to signs:
(1) BILLBOARDAn off-premises, permanent sign, which directs attention to a product, service, business, or cause.
(2) BUILDING SIGNA sign attached to or painted on a building, which has a use in addition to supporting the sign; this includes wall signs and roof signs.
(3) BUSINESS SIGNA sign which directs attention to any business, professional, or commercial activity occurring on the premises on which the sign is located, but not including a home occupation sign. (See also "center sign.")
(4) CENTER SIGNA business sign which provides identification at the entrance to a center, such as a shopping center, office complex, or commercial park.
(5) CONTRACTOR SIGNA temporary sign which carries the name and information about a contractor who is involved in construction work occurring on the premises on which the sign is located.
(7) ELECTION SIGNA temporary sign which directs attention to a candidate or candidates for public office, a political party, or a ballot issue.
(8) FREESTANDING SIGNA sign not attached to or painted on a building, or a sign attached to or painted on a building, which has no use in addition to supporting the sign.
(9) GARAGE/YARD SALE SIGNA temporary sign, which directs attention to the sale of personal goods on the premises on which the sign is located.
(10) GOVERNMENT SIGNAn off-premises sign placed by a governmental unit, such as traffic, directional, informational, or street name sign, or an historical marker.
(11) HOME OCCUPATION SIGNA sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.
(12) IDENTIFICATION SIGNA sign used to identify the name and display information about the individual, organization, agency, institution, facility, or development located on the premises on which the sign is located, but not including a business sign. (See also "development sign" and "public use sign.")
(13) INCIDENTAL SIGNAn informational sign, no more than two square feet in size and not including any commercial message or logo, which carries a message, such as "enter," "open," "telephone," "restrooms," "no parking," "no trespassing," "warning," a listing of hours when open, an on-site direction, or anything similar.
(14) NONPROFIT ORGANIZATION SIGNAn off-premises sign displaying information about a church, service club, or other organization, which does not operate for the purpose of making a profit.
(17) OPEN HOUSE SIGNA temporary sign which provides information about a real estate open house, including the words "open house," the day and time of the open house, and the name of the realtor.
(18) OVERHEAD SIGNA sign located such that pedestrian or vehicular traffic might pass beneath any part of it.
(20) PUBLIC USE SIGNAn identification sign used to identify the name and display information about a public use, such as a government building, school, park, firehouse, or church.
(21) PUBLIC UTILITY SIGNA sign with a message relating to a business organization performing a public service and subject to special governmental regulations (e.g., an electric company, sewer authority, or telephone company).
(22) REAL ESTATE SIGNA temporary sign which provides information about a real estate activity on the premises on which the sign is located, such as a sign advertising a sale, rental, or property available for or in the process of development, but not including an open house sign.
(24) SIDEWALK SIGNA temporary sign placed on the sidewalk adjacent to the commercial activity it advertises, but not including a contractor sign, a garage/yard sale sign, a home occupation sign, an open house sign, a real estate sign, or a special event sign.
(25) SPECIAL EVENT SIGNA temporary sign which carries information about a special event, such as an auction, flea market, festival, carnival, meal, or fund-raising event, but not including any business sign, such as a "sale" sign at a store.
(27) WALL SIGNA sign attached to or painted on the wall of a building.
(28) WINDOW DISPLAYAn exhibit behind a window, which is intended to draw attention to a product, service, business, or cause.
SKILLED OR INTERMEDIATE NURSING CAREProfessionally supervised nursing care and related medical and other health services provided for a period exceeding 24 hours to an individual not in need of hospitalization, but whose needs are above the level of room and board and can only be met in a long-term care nursing facility or an inpatient basis because of age, illness, disease, injury, convalescence or physical or mental infirmity.
SOIL SURVEYThe latest published version of the United States Department of Agriculture's soil survey for Adams County, Pennsylvania.
SOLAR ACCESSThe degree to which direct sunlight is provided to a solar panel or solar array.
[Added 4-7-2020 by Ord. No. 01-2020]
SOLAR ARRAYA grouping of multiple solar panels.
[Added 4-7-2020 by Ord. No. 01-2020]
SOLAR EASEMENTA right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purposes of ensuring adequate access to direct sunlight for solar photovoltaic systems.
[Added 4-7-2020 by Ord. No. 01-2020]
SOLAR ENERGY SYSTEMA device or design features, a substantial purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water cooling.
[Added 4-7-2020 by Ord. No. 01-2020]
SOLAR PANELA structure containing one or more receptive cells or collector devices, the purpose of which is to use solar radiation to create usable electrical energy.
[Added 4-7-2020 by Ord. No. 01-2020]
SOLID WASTEGarbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities.
SOLID WASTE FACILITYA disposal site licensed by the commonwealth in which refuse and earth, or other suitable cover material, are deposited and compacted in alternative layers of specified depth in accordance with an approved plan.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of terms, procedures and conditions prescribed herein.
[Amended 5-3-2016 by Ord. No. 2016-01]
SPECIFIED SEXUAL ACTIVITIESFor the purposes of this chapter, this term shall include any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
(3) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
(5) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; or
(6) Erotic or lewd touching, fondling or other contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
STREAMAny natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and bank.
STREETIncludes street, avenue, boulevard, road, highway, freeway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic and/or pedestrians whether public or private.
[Amended 5-3-2016 by Ord. No. 2016-01]
STREET CENTER LINEThe horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.
STREET LINE (RIGHT-OF-WAY LINE)A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.
STRUCTURE(1) Any man-made object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
(a) STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility shed, etc.).
(2) Structures shall not include such things as fences, sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes, and any other similar nonpermanent improvements.
SWIMMING POOLAny pool permanently constructed for leisure swimming not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
TAVERNAn establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board without live entertainment shall be permitted.
TRAVEL TRAILERA portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a "travel trailer":
(1) The unit is of such size or weight as not to require special highway movement permits from the Pennsylvania Department of Transportation when self-propelled or when hauled by a standard motor vehicle on a highway.
(2) The unit is mounted or designed to be mounted on wheels.
(3) The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck.
(4) The unit contains, or was designed to contain, temporary storage of water and sewage.
(5) The unit contains some identification by the manufacturer as a travel trailer.
TRUCK AND MOTOR FREIGHT TERMINALSAn area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
USEThe specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.
(1) USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
USE AND OCCUPANCY PERMITA permit issued by the Zoning Officer certifying a use's compliance with information reflected on the zoning/building permit and this chapter.
VARIANCERelief granted pursuant to the provisions of terms, procedures and conditions prescribed herein.
[Amended 5-3-2016 by Ord. No. 2016-01]
VETERINARIAN'S OFFICEA building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits and birds or fowl.
WATERCOURSEA permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.
WATERSHEDAll the land from which water drains into a particular watercourse.
WHOLESALE TRADE ESTABLISHMENTSAn establishment or place of business primarily engaged in selling merchandise to retailers; industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buy merchandise for, or selling merchandise to, such individuals or companies. In Liberty Township, due to the condition of its roadways and rural character, these establishments are limited to a gross floor area of 25,000 square feet or less.
WIND ENERGY CONVERSION SYSTEM (WECS)Any device which converts wind energy to mechanical or electrical energy which may include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.
WINDOWAn 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 in regard to provision of natural light.
YARDAn area between the permitted structures and the property lines.
(1) YARD, FRONTThe area contained between the street right-of-way line and the principal structure. On corner lots, there shall be two front yards, being the area contained between the street right-of-way lines and the principal structure.
(2) YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address.
(3) YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the non-address street(s).
ZONINGThe designation of specified districts within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.
ZONING OFFICERThe duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.