Occurs when areas of lots share a common lot line, but not when lots are entirely separated by a street, alley or railroad. See also "contiguous."

An improved travel way designed and constructed to provide for vehicular movement between a street and a tract or tracts of land containing any use other than one single-family dwelling unit or farm.

See "building, accessory"; "structure, accessory"; or "use, accessory."

A temporary, secondary dwelling unit located on the same lot as the primary dwelling and designed to house no more than two persons, who are related family members, or employees of the owner of the primary dwelling. This shall include elder cottage housing opportunity (ECHO), granny flats, farm employee/tenant farm housing, or similar terms.

An accessory farm dwelling is a second dwelling having as its occupant(s) an owner or one or more full-time laborers (or any family member thereof) on the farm.

A business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, including, but not limited to, an adult bathhouse, adult body painting studio, adult bookstore, adult cabaret, adult drive-in theater, adult massage establishment, adult mini motion-picture theater, adult model studio, adult motel, adult motion-picture arcade, adult motion-picture theater, adult newsrack, adult outcall service activity, adult sexual encounter center, adult theater, adult video rentals and sales, or any other adult activity.

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for 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.

The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including animal husbandry, poultry farming and dairy farming, but excluding kennels.

Specialized agricultural activities, including but not limited to mushroom, poultry and drylot livestock production, which, due to the intensity of production or raw materials storage needs, necessitate special control of operation, raw material storage and processing, and the disposal of liquid and solid wastes.

An activity, business, or use typically or reasonably associated with or related to agriculture, farming, horticulture, silviculture, or similar practice, including, but not limited to, an animal or livestock show, barn dances, Christmas tree farm, community-supported agriculture/co-ops, cider mill, corn maze, educational or recreation center, farm museum, fishing pond, game or hunting preserve, greenhouse or nursery, hayrides or sleigh rides, riding trail, maple syrup, orchard, pumpkin patch, animal petting farm/zoo, on-farm bakery or butcher, retail dairy, U-pick farm, winery, wool or wood shops.

A surface consisting of bituminous pavement, concrete or other nonerodible material. See also "impervious surface."

Any enlargement of a building or structure; the moving of a building or structure from one location to another; any change in or addition to the structural parts of a building or structure; any change in the means of egress from or access to a building or structure.

Energy-producing equipment used as an alternative to traditional power and or heating sources, including but not limited to solar, wind, wood, and hydro.

A tract or area used principally as a location for permanent amusement structures or rides.

A commercial establishment that provides as a principal use two or more amusement devices and/or games of skill or chance (e.g., pinball machines, video games, Skee-Ball, electronic or water firing ranges, pool and billiards tables and other similar devices). This definition also includes the use of such devices as an accessory use.

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include overnight boarding of animals. (See "veterinary facility.")

The raising, breeding, keeping or care of farm animals, livestock or insects for meat by-products or other value, which is intended as a business or gainful occupation.

See "dwelling."[1]

A landowner or developer, as hereinafter defined, who has filed an application for development, including heirs, successors and assigns.

Every application, whether preliminary, tentative or final, required to be filed and approved prior to the 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.

The Lower Towamensing Township Board of Supervisors.

The controlled cultivation of aquatic plant and animal species.

That 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 five feet or more, and a permanent stationary interior access stairway to a lower building story.

A body politic and corporate created pursuant to Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq. An Authority is also known as a "Municipal Authority."

See "vehicle repair garage" or "vehicle service station."

A story partly below the finished grade, but having at least 1/2 of its height (measured from the finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building. (See also "cellar.")

An owner-occupied single-family dwelling containing sleeping rooms available for transient guests subject to the conditions of this chapter.

A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not cooking or eating purposes.

An off-premises sign with a total sign area greater than 50 square feet. (See "sign.")

Board of Supervisors of the Township of Lower Towamensing, Carbon County, Pennsylvania.

A residential building that contains the primary residence (where mail is received) of the owner(s)/manager(s) and his family, as well as long-term housing for a maximum of 12 additional persons.

A landscaped area intended to be used as means of limiting the effects created by a use on adjoining properties, streets and uses.

A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and mobile homes to be used for human habitation.

The percentage of a lot covered by principal and accessory buildings. (See also "lot coverage.")

The actual line of that facade of the building nearest an adjacent right-of-way or street line. This facade includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

The line within a property (usually parallel to the right-of-way or lot line) defining the required minimum distance between any enclosed structure and the adjacent street right-of-way or lot line, whichever is further from the street. (See also "yard, front," "yard, rear" and "yard, side.")

A building detached from and subordinate to the principal building or use and used for purposes customarily incidental to the principal building, but not including vehicles, mobile homes, travel trailers, truck trailers, or any parts thereof. An accessory building shall be located on the same lot as the principal building.[2]

A parcel of land upon which two or more campsites are located for commercial gain, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes and where acceptable sanitary facilities are provided for each campsite or for the campground as a whole.

Any tent, travel or camping trailer, truck camper, motor home, cabin, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation purposes.

A plot of ground within a campground intended for occupation by a recreational vehicle or tent.

An accessory structure, similar to a garage, with open sides and area for the storage of motorized vehicles, camping trailers, boats and similar equipment. A carport attached to a principal building shall not be considered an accessory structure.

That portion of a street right-of-way that is intended for vehicular movement (equals travel way plus shoulders).

A story partly below the finished grade having at least 1/2 of its height (measuring from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories. (See also "basement.")

Land used or intended to be used for the burial of the deceased, including columbaria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoriums, which shall be considered as funeral homes.

A statement signed by a duly authorized Township officer setting forth that a building, structure or use legally complies with this chapter and that the same may be used for the purposes stated therein.

An area of unobstructed vision at street, access drive or driveway intersections defined by lines of sight between points at a given distance from the intersection of their center lines.

Buildings or facilities owned and/or operated for social or recreational purposes. A club or lodge shall not include adult-related facilities or uses as defined herein.

Includes uses such as and similar to ski resorts, campgrounds, golf courses and other similar activity that utilizes a substantial portion of the property for outdoor commercial activity. See also the Table of Use Regulations, Part B, Commercial Uses, which is included as an attachment to this chapter.

This activity includes retail sales, personal services, auto sales, auto repair and garage work, general office areas and uses of similar nature. The sale of goods and services from a vehicle or trailer on a lot shall also be considered to be a commercial use.

The Lower Towamensing Township Planning Commission.[3]

Any 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.

An 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.

A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas; a structure in excess of 35 feet in height, and its necessary auxiliary components, proposed by a public, semipublic or private entity for the purpose of sending and receiving electronic or analogous signal as an integral component of a communications system, including but not limited to radio towers, cellular phone transmission towers, microwave towers, and common-carrier towers. The height shall be measured to the highest point of the tower.

The Palmerton Area Comprehensive Plan.

As per former Act 6 of 1993, now the Agriculture Communities and Rural Environment Act (ACRE), Act 38 of 2005,[4] being an agricultural use regulated by state and/or federal law.

A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with the requirements of this chapter.

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

The act of constructing and/or to put together by assembling parts. The building, reconstruction, demolition, activities for reconstruction, extension, expansion, alteration, substantial improvement, erection or relocation of a building or structure, including mobile homes. This shall include the placing and fastening of construction materials in a permanent or temporary position.

Occurs when areas share a common lot line and/or when lots are entirely separated by a street, alley, railroad or waterway.

A community licensed by the state which offers a range of nonfreehold housing, personal living support and health care services for senior citizens. A CCRC may include independent living (single- or multifamily units) and personal care units as well as long-term care nursing centers, located in a campus setting, developed as a cohesive and integrated community. A CCRC may also include limited banquet, retail, fitness, health and personal service, and restaurant uses, typically co-located in such a community, provided the accessory uses are restricted to a maximum of 5% of the total gross floor area of the entire CCRC facility, units and related building amenities. A CCRC shall be subject to planned development (PD) regulations (see § 450-53).

A licensed establishment which provides full-time residential, intermediate or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home.

A business which primarily sells routine household goods, groceries and prepared ready-to-eat foods to the general public. This business is not primarily a restaurant and has a sales area less than 5,000 square feet.

A change or adaptation of land or structure for a different use, occupancy or purpose.

A facility involving the incineration of human and animal corpses.

See "street, cul-de-sac."

A proposed zoning amendment made to the Township Supervisors by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which he/she has an interest.

The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations.

An unroofed platform which is intended for seating, dining or recreation, whether or not attached to a building. This platform may or may not have railings.

The number of dwelling units permitted in relation to the net buildable site area, expressed in units per acre.

Any 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.

Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land. This term also includes any activity defined as a "land development."

See "zoning district."[5]

A building intended or used principally for sleeping accommodations where such building is related to an educational or public institution, religious institution, or a commercial use.

A business involved in mineral/natural resource extraction, including gas, oil, related petroleum products, and related operations.

A commercial establishment, including a drive-in or drive-through bank and/or restaurant, primarily offering stand-up counter, vending machine, window or in-car service and/or offering prepared or standardized food for either on- or off-premises consumption.

An improved travel way designed and constructed to provide vehicular movement between a street and a tract of land serving one single-family dwelling unit or a farm.

Any building or portion thereof designed and used exclusively for residential occupancy (living quarters), including those listed below. This term shall not include buildings that offer overnight accommodations for guests or patients, nor group homes.

A building or portion thereof providing one or more rooms arranged for the use of one or more individuals living together as a family. A dwelling unit may be owner-occupied or rented or leased on a weekly, monthly or longer basis. Each dwelling unit shall be physically separated from any other dwelling units which may be in the same structure. Each dwelling unit shall contain independent cooking and sleeping facilities for one family.

A legal authorization by a property owner granting limited use to another property owner or entity for a specific purpose within a designated area.

An additional dwelling unit placed on a property for occupancy by either an elderly, handicapped, or disabled person related by blood, marriage, or adoption, to the occupants of the principal dwelling. (See also "accessory apartment," under "dwelling.")

Notice given by a municipality through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.

Any physical action which may jeopardize the health and longevity of a natural feature, or any structure or activity which in any manner changes the course, current or cross section of any wetland, watercourse, or body of water. This term also includes the intrusion on or the advancement beyond proper or prescribed limits.

To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any structure or building and shall also include the painting or mounting of exterior wall signs.

The natural process by which the surface of the land is worn away by water, wind or chemical actions.

A site-specific plan consisting of both drawings and a narrative that identifies BMPs to minimize accelerated erosion and sedimentation before, during and after earth disturbance activities. E&S plans must be approved by the Carbon County Conservation District.

Includes gas, electrical, steam, communication, telephone, sewer, waste material, water, public safety and other similar services. The facilities required to provide such services shall consist of:

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit who are not related by blood, adoption, or marriage do not constitute the functional equivalent of a traditional family. The definition of a "family" does not include any person or group of individuals occupying, in whole or in part, a building or portion thereof as a short-term rental. In determining the functional equivalent of a traditional family, the following criteria shall be present:

A community-based residential home, licensed by the appropriate federal or state agencies, which provides room and board, personal care, rehabilitative services, and supervision in a family environment for handicapped and disabled persons as defined in the Fair Housing Act.[6]

A parcel of land used primarily in the raising or production of agricultural products, with the customary dwelling, farm structures, storage and equipment. Adjoining tracts, parcels or separately deeded properties which are owned and farmed integrally as part of the same farming operation shall be considered jointly as one farm.

A business solely involved in the sales, rental, service, and repair of agriculturally related equipment and products.

Any occupation in addition to the primary agricultural use whereby the farmer in residence engages in an occupation that is secondary to the primary agricultural use.

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Farmers and/or flea markets can include indoor and outdoor display of merchandise.

Federal Emergency Management Agency.

Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. "Fence" shall include electric and barbed/razor wire fences but not "invisible" fences.

A bank, savings-and-loan association, credit union, finance or loan company, etc.

An establishment which is intended for the incubation or origination of fish.

The land adjacent to a river or stream that has been, or could be, expected to be inundated by a flood resulting from a 100-year-storm event.

The area of the floodplain required to carry the discharge from a 100-year-storm event. Where no FEMA mapping has been completed, it is assumed to be 50 feet back from top of bank.

The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls and to the center line of party walls.

The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars or attics, nor service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.

A grove or stand of trees greater than 12 inches in caliper covering an area greater than 1/4 acre in size. (See also "wooded areas.")

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. (See also "timbering.")

A building devoted to the care, embalming, and holding of services for the deceased, including crematoriums and the sale of funeral equipment as an accessory activity.

A building for the private use of the owner or occupant of a principal building, which may or may not be situated on the same lot of the principal building, for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature. No business, occupations, or service shall be conducted in a private garage that is accessory to a residence except as permitted by § 450-74, Home occupations, of this chapter.

A building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

A sensation of brightness within visual field which causes annoyance, discomfort, or loss in visual performance or visibility.

A tract designed and improved for the playing of golf.

The Lower Towamensing Township Board of Supervisors.

The completed surfaces of lawns, walks, and streets brought to grades as shown on plans or designs relating thereto.

A use primarily involved in horticulture, which includes the sale of plants grown on the premises and related goods and materials, as well as the storage of equipment customarily incidental and accessory to the primary use.

Group living quarters for persons who need specialized and supervised housing, treatment, and/or counseling. "Group home facilities" shall include:

A 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.

An administrative proceeding conducted by the Zoning Hearing Board pursuant to the MPC.

An accessory use where no more than one helicopter may land/take off and be stored.

A principal use where one or more helicopters may land/take off and are stored. Such use may also include support services such as fueling and maintenance equipment, passenger terminals and storage hangers.

An occupation, profession or use customarily conducted within a residential dwelling unit as an accessory activity for financial gain. Home occupations shall meet the home occupation regulations of this chapter.[7]

A home occupation, as defined, which involves no customer, client or employee traffic or pickup or delivery services to or from the premises in excess of those normally associated with the residential use.

An institution licensed in the Commonwealth of Pennsylvania as a hospital which renders inpatient and outpatient medical care on a twenty-four-hours-per-day basis and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.

A 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. The term "hotel" is synonymous with the term "motel" in this chapter, but does not include "bed-and-breakfast."

Any portion of a lot covered by impervious surfaces.

Any surface that has been compacted or covered over with a building, structure or layer of material so that it is highly resistant to infiltration by water.

A tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets and with utility services, setbacks, side yards and landscaped areas.

Materials such as scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste iron, steel and other old or scrap ferrous or nonferrous material, including wrecked, scrapped, ruined, dismantled or junked motor vehicles or parts thereof.

An area of land, with or without buildings, used for the storage outside or in other than a completely enclosed building of used and discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without dismantling, processing, salvage, sale, or other use or disposition.

A motor vehicle, recreational vehicle, trailer, truck, or chassis or body of such vehicles which does not display a license, a current registration or a current inspection.

A facility wherein six or more adult domesticated animals are kept for breeding, boarding, sale or show purposes.

An inland body of water fed by springs or runoff from surrounding areas having a size greater than four acres.

Any of the following activities:

The 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 he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land.

Any member of the avian, bovine, equine, porcine, ovine, and piscine species, including but not limited to poultry, fowl, cows, steers, horses, ponies, pigs, sheep, goats and fish.

An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

A designated parcel, tract, or area of land established by plat, plan, or otherwise permitted by law and to be used, developed, or built upon as a unit.

The area contained within the property lines of a lot excluding space within any right-of-way, but including the area of any easement(s).

Building coverage plus impervious/all-weather surfaces.

The mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

The lot dimension measured along the street line of any street abutting a lot.

A line dividing one lot from another lot or one lot from a street.

Land which constitutes a separate lot or parcel as recorded in the office of the Recorder of Deeds of Carbon County, Pennsylvania.

The horizontal distance between the side lot lines, measured at right angles to its depth. The required lot width shall be measured at the required minimum front yard setback line, except that pie-shaped lots at the turnaround of cul-de-sac streets shall have lot frontage equal to at least 50% of the required lot width and shall achieve required lot width at a point equal to 50% of the lot depth.

A use which involves the storage of lumber for wholesale or retail sales in buildings, whether fully or partially enclosed, or in open yard areas.

Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.

A 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.

Any 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.

An anaerobic digestion system for the purpose of generating electrical and/or heat energy for on-site or off-site consumption.

A facility where grains, fruit or other substances are fermented, brewed, distilled or otherwise prepared to create alcoholic beverages.

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar designations but shall not be construed to include mobile or immobile trailers or homes.

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for a municipality.

Any use owned or operated by the Township or an authority created by the Township.

The Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).[8]

The Township of Lower Towamensing, Carbon County, Pennsylvania.

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered more frequently than three times per week. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may 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. This use does not include adult-related uses as defined herein.

An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.

A 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 reasons of such adoption or amendment.

A structure or part of a structure manifestly not designed to comply with the applicable 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.

A 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.

An educational, religious or charitable use which qualifies as nonprofit under Section 501(c) of the Internal Revenue Code.[9]

A facility used for administrative, clerical, financial, governmental, professional or similar activities. This facility is not used for retail or industrial activities.

The Official Map of Lower Towamensing Township, as may be adopted and revised by the Township Supervisors in accordance with the MPC.

The map as adopted by the Township Supervisors which designates the location and boundaries of zoning districts.

Those areas of a lot which are to remain unbuilt and which shall not be used for parking, storage, or display. (See also "open space, common.")

A 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.

Pennsylvania Department of Environmental Protection.

A recreational facility owned or operated by a nonpublic agency and/or conducted as a private gainful business.

Those 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) operated on a nonprofit basis. This definition is meant to include the widest range of recreational activities, excluding adult entertainment uses and amusement arcades.

A primary business where passenger vehicles may be stored for short-term, daily, or overnight off-street parking, and connected to a street by an access drive.

A building or structure where passenger vehicles may be stored for daily, short-term or overnight off-street parking.

An accessory use in which parking spaces are provided.

An off-street area available for the parking of one vehicle.

A common, shared wall between two separate structures, buildings, or dwelling units.

A surfaced area or courtyard designed for outdoor living purposes as an accessory use to a dwelling or dwelling units. An outdoor area enclosed by a roof or stationary awning shall be considered to be part of the structure to which it is attached.

Pennsylvania Department of Transportation.

Act of 1968, P.L.805, No. 247, as reenacted and amended.[10]

A document issued by the proper Township authority authorizing the applicant to undertake specified activities. The types of permits are:

Uses which do not require approval by the Zoning Hearing Board or the Township Supervisors. A nonconforming use shall not be considered a permitted use.

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 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.

Barber- and beauty shops; therapeutic massage; self-service laundry or laundromat; dry cleaning; electronics, radio and television repair; repair shops for home appliances, tools, bicycles, guns, locks, shoes and watches; tailor and dressmaking shops; tattoo or any other business of a similar nature providing personalized service to customers.

Land or buildings used for burial of domestic animals.

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and church-related educational and/or day-care facilities.

A coordinated development plan for a total tract area of 20 acres or more to be developed as a single entity for a number of dwelling units or combination of residential and nonresidential uses subject to criteria found in § 450-53 of this chapter.

The Planning Commission of Lower Towamensing Township.

A commercial use including the raising of trees, plants, shrubs, or flowers for sale, but not including lumbering activities. Christmas tree farms are included in this definition.

A defined and permanent body of water less than four acres in size.

Any lot, parcel or tract of land and any building constructed thereon. The term "premises" shall also include the area occupied by a business or other commercial, professional or industrial enterprise. When more than one such enterprise occupies a building, each business area shall be considered a separate premises.

When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services County Soil Survey.

The building in which the principal use of a lot is located. Any building attached to the principal building shall be considered part of the principal building.

The dominant use on a lot as opposed to a secondary or accessory use.

Not publicly owned, operated or controlled.

The offices of a person conducting a profession.

Owned, operated, or controlled by a governmental agency (f, state, or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Board of Education).

Any building held, used or controlled exclusively for public purposes by any government agency (federal, state, county or municipal) without reference to the ownership of the building or of the realty upon which it is situated, excluding a jail or related incarceration facility.

Includes:

A 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 in accordance with the MPC.

A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings) and subsequent amendments.

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

A structure owned and operated by a public utility company regulated by the Pennsylvania Public Utility Commission, designed and used to support transmission lines.

A place designed and equipped for sporting activities, leisure-time activities and other customary and usual recreational activities, whether indoor or outdoor.

A vehicle (regardless of size) which is designed as a temporary dwelling for travel, recreational and vacation uses (regardless of whether it is self-propelled or is designed to be towed or carried by another vehicle). "Recreational vehicle" includes campers, pickup coaches, travel trailers or motor homes.

Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law, or first cousin. This term specifically shall not include relationships such as second, third or more distant cousins. (See also definition of "family.")

Any 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 there from. 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.

A commercial establishment where food or beverage is sold for consumption on the premises either in a customer's vehicle or in an outside area, but not within a building.

An accessory use to a commercial restaurant where the customer receives food or beverage via a drive-up window, without the need for the customer to leave his vehicle.

A commercial establishment where a limited selection of food or beverage is sold either for consumption on the premises or as a takeout service. Food preparation is designed for immediate service to customers and food is normally prepared in advance to facilitate this type of fast service.

A commercial establishment where a variety of foods and beverages are sold for consumption on the premises. Customers are normally seated at a table where they select food and beverage from individual menus, and they are served foods and beverages by a restaurant employee at the same table at which said items are ordered and consumed.

Retail 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.

An establishment where horses are kept for riding or driving or are stabled for compensation.

An establishment where horses are kept, bred, trained and/or exercised and where equestrian instruction and equestrian competition may be offered, including but not limited to polo clubs, public show rings and rodeos.

An establishment where horses are kept, bred, trained and/or exercised and where equestrian instruction may be offered, but excluding riding clubs.

An area of any land reserved or dedicated as a street, road, or other public or semipublic purposes.

An area of land to be reserved as required by this chapter and/or Chapter 390, Subdivision and Land Development, to provide adequate width for future street improvements.

See "antenna."

A use in which supervised education or instruction is offered, including but not limited to elementary, secondary, vocational and adult vocational, whether public or private.

The use of plant or landscaping materials, fencing, walls and/or earthen berms to aid in the concealment of one element of a development from other elements or from adjacent or contiguous development or properties.

A dwelling, cabin, lodge or summer house which is intended for occupancy less than 182 days per year.

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization.

The required horizontal distance or space between two or more objects (i.e., as in minimum separation distances between buildings in a multifamily development).

The required horizontal distance between a setback line and a property or street right-of-way line.

A 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.

A system of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of the commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste as recognized and defined by the PA DEP (includes wastewater management).

A group of stores planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit.

Branting or allowing the occupancy or possession, in whole or in part, of a dwelling unit for a transient use, for compensation or remuneration of any kind. This definition applies to all types of dwelling units, including (but not limited to) single-family, two-family and multifamily dwelling units, whether or not otherwise primarily used as permanent residences or seasonal or vacation homes.

Any structure, device, fixture or placard that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity or to communicate information of any kind to the public.

A map or drawing which shows existing and proposed features on a lot. A site plan is generally required as part of the zoning permit process to determine compliance with this chapter.

The change in altitude divided by the distance between any two measured altitudes and expressed in percent of feet per feet.

A complete design or assembly consisting of a solar energy collector, an energy storage system (where used) and components for the distribution of transformed energy.

The appointed legal counsel for Lower Towamensing Township or the Zoning Hearing Board.

Garbage, refuse and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement or hazardous waste materials as defined in 40 CFR Part 261, dated July 1, 1984, or as amended. (See also "waste.")

Any facility for the compaction, composting, disposal, energy conversion and fuel generation, incineration, processing, shredding, sorting, storage, or transfer of solid material, including garbage, refuse and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrements or hazardous materials as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988)[11] and Pennsylvania Code Title 25, Chapter 273, as amended, supplemented or revised.

A use in one or more districts for which the Zoning Hearing Board may grant a special exception use permit pursuant to the provisions of this chapter.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areola, and/or human male genitals in a discernible turgid state, even if completely and opaquely covered.

That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story, having 50% or more of its wall area above grade level. A half story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls is not more than two feet above such story.

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

The location or place of egress from an access to a street created by a driveway, access drive, alley, or another street.

A street designed for large volumes of high-speed traffic with access to abutting properties being restricted.

A street designed for moderate volumes of fast-moving traffic from minor streets to arterial streets with access to abutting properties being restricted.

A street that is terminated on one end with a vehicular turnaround area.

A street designed for low volumes of slow-moving traffic which provides access to abutting properties.

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. A building is a structure. "Structures" shall not include such things as sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes, and any other similar nonpermanent improvements.

A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. (See Chapter 390, Subdivision and Land Development, for different types of subdivisions.)

Any pool not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point of 24 inches or more. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food.

A structure which is not to be used on a given site for more than one year.

The cutting down and removal of trees and logs to be converted to any forest product. (See also "forestry.")

Any arrangement for sharing ownership of a vacation home, condominium or other interest in real estate where each of the joint purchasers may occupy the unit during a specified period each year.

The Township of Lower Towamensing, Carbon County, Pennsylvania.

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for a municipality.

Occupancy, use or possession of a dwelling unit by persons [other than the owner(s) of that dwelling unit or tenant(s) with a lease for 30 consecutive days or more, and/or family of such owner(s) or tenant(s)], for a period of less than 30 consecutive days; but excluding temporary stays by unrelated individuals who are guests of such owner(s)/tenant(s) with the family is such owner(s)/tenant(s), without the payment of any type of compensation or other remuneration.

A vehicular portable structure built on a chassis (motorized home, converted bus, tent trailer, tent or similar device) designed to be used as a temporary dwelling for travel and recreational purposes.

Any property that is the origin and/or destination point of short- and long-distance hauling and/or is used for the purpose of storing, transferring, loading and unloading, in addition to truck parking. This use may be in conjunction with a warehouse business.

The statewide building code adopted by the Pennsylvania General Assembly (Act 45 of 1999, as amended[12]).

US Army Corps of Engineers.

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

A use customarily incidental and subordinate to the principal use of the main building. An accessory use shall be located on the same lot as the principal use or main building.

The main purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

Any regulated agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or similar service.

A modification of the regulations of this chapter granted by the Zoning Hearing Board, pursuant to the provisions of this chapter and the MPC.

A piece of mechanized equipment used for transporting passengers, goods or apparatus.

A building or structure on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles, trucks and other vehicles for conveyance.

A building or structure on a lot, designed and/or used primarily for mechanical and/or body repairs, storage, or servicing to automobiles, trucks and similar vehicles.

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks and which may include accessory facilities for rendering vehicle services, such as lubrication, washing and minor repairs.

A building on a lot, designed and used primarily for the washing and polishing of motor vehicles and which may provide accessory services as set forth herein for vehicle service stations.

A vehicle of any type without a current inspection sticker or a current registration sticker.

A building used primarily for the treatment, by a veterinarian, of all types of animals. No boarding of animals is permitted. (See "animal hospital.")

A structure used for storage only, of equipment and merchandise.

Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities. (See also "solid waste.")

A system for supplying and distributing water on or to a property or structure.

A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

A business devoted to the sale of commodities in quantity chiefly to retailers, other merchants, or industrial, institutional and commercial users mainly for resale or business use. This definition shall not include what is commonly referred to as "big box retail," such as Costco, Home Depot, Lowes, Sam's Club, and the like.

An area of land or other area used for a wind energy conversion system principally used to capture wind energy and convert it to electrical energy. A facility is considered a large wind energy production facility if it supplies electrical power principally for off-site use.

A wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics and is intended to primarily reduce on-site consumption of utility power. A system is considered a small wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

Areas, groves or stands of trees. (See also "Forest.")

A fuel-burning device that is designed to burn clean wood only.

An area between the permitted structures and the property lines. (See also "building setback line," containing "front setback line," "rear setback line" and "side setback line.")

A portion of Lower Towamensing Township within which certain uniform regulations and requirements or combinations thereof apply according to the provisions of this chapter.

The Zoning Hearing Board of and for the Township of Lower Towamensing, Carbon County, Pennsylvania.[13]

The duly constituted municipal official designated to administer and enforce this chapter and the terms of the MPC.[14]