[Ord. 11-15-79; as amended by Ord. 6-16-83; by Ord. 1-23-92; by Ord. 04-13-00; by Ord. 09-14-00; by Ord. 09-13-01; by Ord. 6-27-02A; by Ord. 12-09-04; by Ord. 5-26-05; by Ord. 09-14-06B; by Ord. 11-09-06; by Ord. 11-13-08; by Ord. 08-12-10; by Ord. 03-10-11A; by Ord. 10-24-13; by Ord. No. 04-28-22; by Ord. No. 06-27-24]
For the purpose of interpreting this chapter, the following definitions shall be controlling:
ACCESSORY BUILDINGA subordinate building the use of which is customarily incidental to that of the main building, and which is located on the same lot or parcel of land. Motor vehicles and/or any parts thereof shall not be used as accessory buildings.
ACCESSORY SOLAR ENERGY SYSTEM (ASES)An area used for a solar energy system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site consumption by structures located on the parcel where the system is located. Additionally, ground-mounted or freestanding solar energy systems with an output size of not greater than 50 kW shall be considered accessory solar energy systems. Roof-mounted solar energy systems on the roofs of buildings shall also be considered accessory solar energy systems. An accessory solar energy system consists of one or more freestanding ground- or roof-mounted solar arrays or modules, or solar-related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.
ACCESSORY USEA. An accessory use may be conducted in the main building or in an accessory building, but in the latter case shall not occupy a floor area greater than 1/2 the area of the first floor of the main building. There shall be no commercial display visible from the street, or advertising, except a small professional nameplate or announcement sign. There shall be no more than two employees or assistants.
B. A use not otherwise contrary to law, customarily incidental to the use of a building for dwelling purposes and including:
(1) The office or studio of a physician or surgeon, dentist, artist, musician, lawyer, architect, teacher, real estate agent or other like professional persons residing on the premises which have obtained similar degrees, training and experience as the specified professionals herein.
(2) Workshops not conducted for profit.
(3) Customary home occupations such as millinery, dressmaking, and hair-dressing, conducted by a person residing on the premises.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, 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 the depicting or describing of "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE or ADULT VIDEO STOREA commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
B. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas." |
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment, regardless of whether such establishment sells or offers alcohol for sale, which regularly features:
A. Persons who appear in the state of nudity; or
B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT MOTELA hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible which advertises the availability of this adult type of photographic reproductions; or
B. Offers a sleeping room for rent for a time period that is less than 10 hours; or
C. Allows a tenant or occupant of a sleeping room to sublet for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT THEATERA theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities."
ALLEYA public thoroughfare having a right-of-way width of 20 feet or less regardless of how named.
ALTERATION OF BUILDINGAny changes in supporting members of a building except such changes as may be required for its safety, any addition to a building, any change in use from one district classification to another, or removal of a building from one location to another.
APPLICANTA person or entity who has filed an application with the Township for any purpose set forth in this Chapter
27 of the Township of Logan Code of Ordinances, including their heirs, successors or assigns. Applicant includes Developer or Landowner as those terms may be defined either in said Chapter
27 and/or Chapter
22 of the said Code of Ordinances.
AREAThe extent of the surface contained within the extremities or boundaries of land or building.
AREA OF SIGNThe area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or closed, on which they are displayed, but not including any supporting framework and bracing which is incidental to the display itself. Where the sign consists of individual letters or symbols attached to or painted on the surface, the area shall be considered to be the smallest rectangle or other regular geometric figure which can be drawn to encompass all of the letters and symbols.
AUDIENCEOne or more persons who are permitted to view a performance for consideration of any type in or from a public place.
BASEMENT LIVINGWill not be permitted beyond one year from the date of permit.
BLOCKThe length of a street between two intersections.
BOARDAny body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.
BOARDING HOUSE or ROOMING HOUSEA dwelling, other than a hotel, wherein more than three people are sheltered or fed for profit, including, without limitation, a dormitory.
BUFFER AREAA strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in this chapter, and on which is placed around shrubbery, hedges, evergreens or other suitable plantings of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district. A "buffer area" may include a permissible fence.
BUILDINGAny structure having enclosing walls and roof permanently located on the land.
BUILDING COVERAGEThe ratio of the total area of the lot covered by buildings to the total area of the lot.
BUSINESS CORRIDORThe following locations are defined as business corridors within the Township:
A. Pleasant Valley Boulevard/Business Route 220/Plank Road - adjoining property located within 100 feet of the right-of-way wherein the zoning designation is business.
B. Logan Boulevard - adjoining property located within 100 feet of the right-of-way wherein the zoning designation is business.
C. State Route 36/Union Avenue from Ward Avenue to the Frankstown Township line - adjoining property located within 100 feet of the right-of-way wherein the zoning designation is business.
D. 17th Street - adjoining property located within 100 feet of the right-of-way wherein the zoning designation is business or industrial.
E. Goods Lane - adjoining property located within 100 feet of the right-of-way wherein the zoning designation is business.
F. Orchard Avenue - adjoining property located within 100 feet of the right-of-way wherein the zoning designation is business.
G. Osgood Drive - adjoining property located within 100 feet of the right-of-way wherein the zoning designation is industrial.
H. Greyson Street - adjoining property located within 100 feet of the right-of-way wherein the zoning designation is business.
I. Amelia Avenue from Frankstown Road to Greyson Street - adjoining property located within 100 feet of the right-of-way wherein the zoning designation is business.
CAMPGROUNDA parcel of land used for camping or overnight accommodations, with sites for cabins, tents and/or outdoor recreational vehicles, and which may include accessory buildings and facilities such as recreational areas, dining halls with kitchen facilities, indoor gymnasiums and group meeting facilities. A campground shall not include a facility, building or land designed or used for correctional or penal purposes, in whole or in part. A campground shall be permitted as a special exception use in the Agriculture A-1 zone district only.
CHILD-ORIENTED BUSINESSA commercial establishment which, as one of its principal business purposes, serves and/or sells to children and/or their families food, apparel, goods, services, play and/or entertainment.
CLEAR SIGHT TRIANGLEAn area at a street intersection or driveway entrance in which only certain specified signs are permitted.
COMMERCIAL OFF-ROAD VEHICLE PARKA facility which charges for entrance to use its land and is established for the riding of off-road vehicles, including, but not limited to, all-terrain vehicles, motorcycles, four-wheelers, three-wheelers, dune buggies, and other four wheel drive vehicles. A commercial off-road vehicle park shall be permitted as a special exception use in the Agriculture A-1 zone district only.
COMMERCIAL VEHICLER license and above or any vehicle used to transport 10 or more passengers.
COMMON OPEN SPACELand which is specifically dedicated to passive and/or active recreational activities and is freely accessible to residents, property owners, and tenants of a PRD or neighborhood. This land is owned and maintained by the homeowners' or condominium association.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
COMMUNITY LIVING ARRANGEMENTSA dwelling or structure, which complies with all of the requirements of the zoning district in which said dwelling or structure is located, wherein individuals are sheltered and/or fed for or not for profit and all such individuals (excepting caregivers) having their residence therein have a "handicap" as defined in the Fair Housing Amendments, Act of 1988, P.L. 100-430, 102 Stat. 1619.
CONDOMINIUMAny structure meeting the definition of condominium as defined in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., as amended from time to time.
CORNER LOTA lot fronting on two streets at their intersection.
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 court of common pleas of the county and judicial district wherein the Township lies.
DENSITYThe number of dwelling units per acre.
DENSITY, GROSSThe total number of dwelling units divided by the total acreage of the tract proposed for a PRD.
DETERMINATIONFinal action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
A. The Board of Supervisors.
B. The Zoning Hearing Board.
DEVELOPERAny landowner, agent or such landowner or tenant with the permission from a landowner, who makes or causes to be made an application for approval of a development plan.
DEVELOPMENT PLANA proposal for a PRD, prepared in accordance with this chapter, including a plat of subdivision or land development, location of various uses, all covenants relating to use, location, and bulk of building 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 Part, shall mean both the verbal and graphic materials.
DIRECTIONAL SIGNA sign containing directional information locating public places owned or operated by federal, state or local governments or their agencies; public or privately owned natural phenomena, historical, cultural, scientific, educational and religious sites; and areas of natural scenic beauty or which are naturally suited for outdoor recreation.
DORMITORYA building designed or used exclusively or primarily for the housing of students of an educational institution, faculty, staff and paying and nonpaying guests utilizing school, college, and university facilities for school, college, and university sponsored or supported activities, which buildings are owned by the education institution. The term dormitory shall include, but shall not be limited to, fraternity and sorority houses.
DWELLINGA building occupied by and maintained exclusively for residential purposes, excluding hotel, motel, rooming house, student home, tourist home, community living arrangement, institutional home, private club within residence facilities, and the like.
ESCORTA person who, for consideration, agrees or offers or advertises to act as a companion, guide, or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.
ESTABLISHMENTIncludes any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of any existing business whether or not a sexually oriented business, to a sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually oriented business; or
D. The relocation of any sexually oriented business.
FACILITY OWNERThe entity or entities having an equity interest in a wind energy facility, including their respective successors and assigns.
FALL ZONEThe potential fall area for the small wind energy system. It is measured by using 110% of the total height as the radius around the center point of the base of the tower.
FLAG LOTA lot, tract of parcel of land, each of which front a minimum of 15 feet upon a public street (i.e., any street accepted and maintained by a local, state or federal government) and extend back therefrom a minimum width of 15 feet, so as to provide each such lot, tract or parcel of land with access, which is used solely and exclusively for ingress, egress and regress from such lot, tract or parcel of land to such public street; provided that each such lot, tract or parcel of land meets the area and frontage, front yard, rear yard and side yard requirements as well as the minimum frontage of either 75 or 100 feet, which frontage shall be measured not less than 30 feet from the building situate upon or proposed to be constructed or erected upon said lot, tract or parcel of land. One single-family dwelling house and its accessory uses and out buildings or one mobile home (where so permitted in the zoning district) or one two-family dwelling and its accessory uses and outbuildings (where so permitted in the zoning district) shall be the only structures and uses permitted upon said lot, tract or parcel of land. No more than two flag lots shall be permitted to abut, adjoin or in any manner touch upon each other.
FLICKERThe moving shadow created by the sun shining on the rotating blades of the wind turbine.
FRONTAGEThe horizontal or curvilinear distance along the public street line upon which a lot abuts. Vehicular access shall be provided along the frontage.
FRONT LOT LINEThe line separating a lot from a street or other right-of-way.
FRONT YARDThe space between the building line or front main wall of a building and the front property line.
GLAREThe effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GROUND SIGNA sign integral with the base structure (typically a brick or concrete base) from the ground up to the top of the sign.
HEIGHTThe distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
HEIGHT OF A COMMUNICATIONS TOWERThe vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
HEIGHT OF BUILDINGThe vertical distance measured from the average ground level at the sides of the building, exclusive of chimneys and similar fixtures.
HEIGHT OF SIGNThe vertical distance measured from the adjacent roadway grade at the front of the sign to its highest point. The highest point in the case of a sign shall include the supporting structure.
HOME OCCUPATIONAn occupation for gain or support conducted only by members of a family whose principal residence is on the premises and which is conducted entirely within the dwelling, provided that no article is sold or offered for sale, and which occupation does not include on-premises retailing activity or direct sale of merchandise to the public. The following is to be considered a "home occupation": Instructions in violin, piano or other individual musical instruments, limited to a single person at a time, dressmaker, watchmaker, milliner, seamstress or other persons who offer skilled services to clients and are not professionally engaged in the purchase or sale of economic goods. The following is not considered to be a "home occupation": Dancing instruction, band instrument instruction in groups, barbershops, beauty shops, tearooms, tourist homes, real estate offices, convalescent homes, mortuary establishments, stores, trades or business of any kind not herein above listed shall not be deemed to be home occupations. The conducting of a clinic, hospital, animal hospital or any similar use shall not be deemed to be a "home occupation."
HOSPITALA sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any place for the diagnosis, treatment, or other care of human ailments, and shall be deemed to be limited to such places.
HOTELA building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made from an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guests, in contradistinction to a boarding house, lodging house, or rooming house.
I-99 CORRIDORAdjoining property located within 100 feet of the federal I-99 right-of-way.
INCIDENTAL SIGNA small sign, emblem or decal, less than four square feet per side in area, informing the public of goods, facilities or services available on the premises, e.g., a credit card sign, directional (entrance, exit) sign, or a sign indicating hours of business.
INSTITUTIONAL HOMEA public or private benevolent establishment devoted to the shelter, maintenance, or education and care of minor children, homeless, aged or infirm persons; or members of a religious community. This classification shall not include almshouses, penal or reformatory institutions, nursing homes, or institutions for the custody, care or treatment of persons suffering from amentia, mental derangement, or drug or alcoholic addiction.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder or an option or contract to purchase (whether or not such option or contract is subject to any condition), if the lessee is authorized under the lease to exercise the rights of the landowner, or other person having proprietary interest in the land.
LCD SIGNAn on-premises or off-premises sign with a liquid crystal display.
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.
LOT LINEA line forming the front, rear, or side boundary of a lot.
METEOROLOGICAL TOWER (MET TOWER)Includes the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
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. All mobile homes placed in the Township, with the exception of those placed in a mobile home park, shall be placed/built on a permanent block or poured wall foundation. All mobile homes placed in the Township shall have a 3:12 roof pitch/slope.
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.
MOBILE HOME PARKA 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.
MODULAR HOMEA structure intended for residential housing, built off site in modular components that are transported to a residential site and erected on a permanent block or poured wall foundation, however such structure is built without a permanent chassis.
MOTELA building in which lodging is provided and offered to the transient public for compensation and in which egress and ingress to and from rooms may be made either through an inside lobby or office supervised by a person in charge at all times or directly from the exterior.
MULTIPLE-FAMILY DWELLINGAny building under a single roof, with or without firewall partitions or party walls, designed for occupancy by or occupied by three or more households living as families and including, but not limited to, an apartment house, townhouse and condominium. Any multifamily dwelling constructed or erected after the enactment of this chapter shall be constructed with firewall partitions or firewall party walls only.
MUNICIPAL AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."
NET ACREThe area of land contained within the legal limits of the property lines bounding that area. Any portion of a lot included in a street right-of-way, utility easement, stormwater management facility or the access strip to an interior flag-shaped lot and the above ground portion of sewerage systems including buffer areas shall not be included in calculating the minimum lot area under the provisions of this chapter.
NET METERINGThe difference between the electricity supplied over the electric distribution system and the electricity generated by the small wind energy system which is fed back into the electric distribution system over a billing period.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING SIGNA sign which does not conform to the requirements of this Part or subsequent amendments hereto but which lawfully existed prior to the enactment of this Part.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
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 this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
NONPARTICIPATING LANDOWNERAny landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
NURSING OR CONVALESCENT HOMEA building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OCCUPIED BUILDINGAny building that is occupied or in use when the land development plan or permit application is submitted.
OFF-PREMISES ADVERTISING SIGNA sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere other than upon the premises where the sign is displayed.
ON-PREMISES BUSINESS SIGNA sign which directs attention to a business, profession, event, activity, exhibit, entertainment, or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises on which the sign is displayed.
OPEN PORCHA porch open on three sides except for wire screening. A porch shall not be considered open if enclosed by either permanent or detachable glass sash.
OPEN SPACECombination of common open space and parkland.
OPERATORThe entity responsible for the day-to-day operation and maintenance of a wind energy facility.
OUTBUILDINGA building detached from and subordinate to the main building on the same lot and used for purposes customarily incidental to the main building. Vehicles and/or any structure which at any time had wheels affixed thereto and/or constructed to accommodate wheels, and/or any parts of vehicles and/or said structures thereof shall not be used as accessory buildings.
PARCELA piece of real estate contained in one legal description.
PARKLANDLand which is specifically dedicated to the Township for the purpose of active and/or passive recreation and is freely accessible to residents, property owners, and tenants of a PRD, neighborhood, or Township. This land is owned and maintained by the Township.
PARTICIPATING LANDOWNERA landowner upon whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
PERFORMANCEAny live or reproduced exhibition, including, but not limited to, any play, motion picture film, dance or appearance presented to or performed before an audience.
PERMITTEE and/or LICENSEEA person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSONAn individual, sole proprietorship, partnership, corporation, association, or other entity.
PERSONAL CARE HOMEA building in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for at least four residents who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet, or medication prescribed for self administration. All such facilities shall contain no less than 200 square feet of floor area per resident.
POLE SIGNA sign supported by an exposed single pole structure.
POLITICAL SIGNA temporary sign identifying a political candidate or party.
PORTABLE SIGNAny sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
POWER GRIDThe transmission system created to balance the supply and demand of electricity for consumers in the northeast.
PRD or PLANNED RESIDENTIAL DEVELOPMENTA contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage, and required open space to the regulations established in any one residential district created from time to time, under the provisions of the Township Zoning Ordinance.
PREMISESAn area occupied by a business or other public enterprise. When more than one business occupies a single building, each business area shall be considered a separate premises.
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)An 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 consumption by structures located on parcels other than where the system is located or for sale to power distribution companies. Principal solar energy systems consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
PRIVATE GARAGEA garage not conducted as a business or used for the storage of more than one commercial vehicle which shall be owned by a person residing on the premises.
PUBLIC GARAGEA garage conducted as a business. The rental of storage space for more than two cars not owned by persons residing on the premises shall be deemed a business use.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas.
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
C. Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Board of Supervisors intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Township. 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 SEWAGEAll separate sanitary sewers, all sewage pumping stations, all sewage treatment plants, and all other facilities provided and owned or leased by lessee by the Township of Logan for the collection and transportation of sanitary sewerage and industrial waste.
PUBLIC STREETAny and all streets owned and maintained by any local, state or federal government.
PUBLIC UTILITY TRANSMISSION TOWERA Structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
REAR LOT LINEThe lot line which is opposite from the front lot line.
REAR YARDAn open space on the same lot with a building between the rear wall of the building and the rear line of the lot, either attached or detached garages and open porches, which in the aggregate shall occupy not more than 35% of the area. In the case of a corner lot, the owner may designate any interior lot line as the rear lot line.
REPORTAny letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
ROOF SIGNA sign erected or maintained in whole or in part upon, against, or directly above the parapet line of the roof of the building.
SECTIONA geographical area or portion of a tract that is proposed for PRD and which is to be developed in accordance with a timetable for development that is included as part of the applicant's development plan.
SEMI-NUDEA state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTERA. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
B. This term does not include the following types of commercial enterprises:
(1) An enterprise in which massage therapy that does not involve "specified sexual activities" is provided by a physician, chiropractor, registered nurse, or other medical practitioner licensed or certified by the Commonwealth of Pennsylvania for such area of practice.
(2) An enterprise in which massage therapy that does not involve "specified sexual activities" is provided by a professional massage therapist who is licensed or certified by a national massage therapist professional organization that has an explicit and enforced policy statement which fully deals with the concerns raised by this chapter and furthers the purposes of this chapter.
SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SHADOWThe outline created on the surrounding area by the sun shining on the small wind energy system.
SIDE YARDThe open unobstructed space between the side building line or side wall of a building and the side lot line or boundary and extending through the front yard and rear yard.
SIGNAny structure, wall, or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device, or other representation used for announcement, direction, advertisement, information, attraction, or any other information.
SINGLE-FAMILY DWELLINGA detached house designed for the use of a single household, including two or more people living as a family and wherein not more than three other people are sheltered or fed for profit.
SMALL WIND ENERGY SYSTEMA wind energy conversion system consisting of a small wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of 100 kilowatts or less and will be used primarily for on-site consumption. All small wind energy systems shall be considered as accessory structures and uses.
SMALL WIND TURBINEA wind energy conversion system, which has a rated capacity of 100 kilowatts or less, that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
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 purpose of assuring adequate access to direct sunlight for solar energy systems.
SOLAR ENERGYRadiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR ENERGY SYSTEM (SES)An area used for a solar collection system principally to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power.
SOLAR PANELThat part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLAR PROJECT AREAThe total area of land including the principal solar energy system, the space between solar arrays, stormwater management area, access drives, fencing and internal access roads.
SOLAR-RELATED EQUIPMENTItems including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for collection of solar energy.
A. SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
B. SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
C. SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq. and § 10901 et seq.
SPECIFIED ANATOMICAL AREASThe male genitals in a state of sexual arousal, the male buttocks and/or the vulva or more intimate parts of the female genitals, buttocks and female breasts.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, and female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
STAGEOne or more sections on which an applicant proposes to commence development at the same time, as part of a timetable for development of a PRD over a period of years.
STORYThat part of a building included between any floor and the floor or roof next above. When applying to the permissible height of building, the term "story" shall not include a basement if the basement is not designed for living quarters and if the ceiling thereof is not more than four feet above the average ground level.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STREET FRONTAGEThe horizontal or curvilinear distance along the public street line upon which the lot abuts.
STREET LINEA street line is the right-of-way or established property line of a street as indicated by dedication or by deed of record.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land not including pavement for driveways, or accesses, and associated curbing and stormwater management facilities.
STUDENT HOMEA living arrangement for students, unrelated by blood, marriage or legal adoption, attending or about to attend a college or university or who are on a semester or summer break from studies at a college or university, or any combination of such persons. Students homes shall not include fraternities or sororities.
TEMPORARY SIGNA sign not constructed or intended for long-term use; for use for a period of 60 days or less; not including portable or vehicular signs, as defined.
TEMPORARY STORAGE FACILITYA trailer, container, or similar facility which is not permanently affixed to the real estate. A temporary storage facility does not have wheels and cannot move on its own. Temporary storage facilities are only permitted with a permit in the Business Zoning District.
TERMSThe present tense shall include the future; the singular number shall include the plural; and the plural, the singular. The word "shall" is always mandatory.
TOURIST HOMEA private residence in which accommodations are provided for sleeping and feeding not more than 10 overnight paying guests.
TOWNHOUSEA structure consisting of a series from three or more attached dwellings, separated from one another by continuous vertical walls without opening from basement to roof. The term shall include "row house."
TOWNSHIPTownship of Logan, Blair County, Pennsylvania.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESSIncludes any of the following:
A. The sale, lease, sublease and/or assignment of lease of the business;
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
C. The establishment of a trust, gift, or other similar device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
TURBINE HEIGHTThe distance measured from the surface of the tower foundation to the highest point of the turbine rotor blade.
TWO-FAMILY DWELLINGA dwelling with or without party walls, designed or arranged for occupancy of two households, each including two or more persons living as a family. From and after the date of the enactment of this chapter, all two-family dwellings shall be constructed or erected with firewall partitions or firewall party walls.
VARIANCERelief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 PS § 10101 et seq.
VEHICULAR SIGNA sign which is affixed to a vehicle in such a manner that the carrying of such sign or signs is no longer incidental to the vehicle's primary purpose but becomes a primary purpose in itself.
WALL SIGNA sign attached directly to an exterior wall of a building.
WIND ENERGY FACILITYAn electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND ENERGY OVERLAY ZONEThe zoning district created for the purpose of permitting wind energy facilities within a certain defined area of the Township. Specifically, the zone boundaries are State Route 36 to the north, the Blair County/Cambria County line to the west, the Logan Township/Allegheny Township boundary to the south, a minimum of 3,000 feet from the center of the railroad bed surrounding the Horseshoe Curve National Historic Landmark, and following property lines along the eastern edge of the ridge to the east.
WINDOW SIGNA sign affixed to or visible through a window of a building.
WIND TURBINEA wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.