Specific words and phrases. The following words and phrases shall have the particular meanings assigned by this section or in other appropriate sections of this chapter:
ABUTAreas of contiguous lots that share a common property or lot line, except not including lots entirely separated by a street or a waterway. See Diagram 204-12A. See also definition of "adjacent."
Diagram 204-12A  |
ACCESS DRIVEA private improved surface other than a street or driveway designed and constructed to provide for vehicular movement from a street to a parking area, garage, dwelling, building or other structure within a lot or property containing any use other than one single-family dwelling unit. For purposes of this chapter, access drives shall be required for all nonresidential and multifamily uses, and all other uses not served by a driveway as defined in this chapter.
ACCESSORY APARTMENTA separate dwelling unit that is contained upon the same lot as an owner-occupied, single-family detached dwelling and is contained within the principal dwelling building or occupies a portion of one of its accessory buildings.
ACCESSORY SOLAR ENERGY SYSTEM (ASES)An area of land or other 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 use. Ground-mounted or freestanding solar energy systems with an output size of not greater than 20kw shall be considered accessory solar energy systems. Roof-mounted solar energy systems on the roofs of buildings on-site used primarily for on-site use shall have no limit as to energy output. 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.
[Added 8-15-2024 by Ord. No. 2024-01]
ACREAGE, NETThe total land area contained within a property or proposed site, exclusive of lands within a public or private street right-of-way. (Note: one acre equals 43,560 square feet.)
ACTThe latest version of the Pennsylvania Municipalities Planning Code, as amended.
ADJACENTTwo or more lots that share a common property or lot line, or that are separated only by a street or waterway from each other. See Diagram 204-12A. See also definition of "abut."
ADULT-RELATED TERMS AND PHRASESUnless specifically defined elsewhere herein this chapter, the following words and phrases when used in this chapter relating to the adult-related uses shall have the meaning given to them herein this section unless the context clearly indicates otherwise:
(1) ADULT-RELATED USESAn establishment that engages in one or more of the following areas of sales, services, or entertainment:
(a) ADULT BATH HOUSEAn establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor, physical therapist, or similar professional licensed by the commonwealth.
(b) ADULT BODY PAINTING STUDIOAny establishment or business that provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.
(c) ADULT BOOKSTOREAny establishment that has a substantial or significant portion of its stock-in-trade:
[1] Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; and
[2] Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
(d) ADULT CABARETA nightclub, theater, bar, or other establishment that features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(e) ADULT MASSAGE ESTABLISHMENTAny establishment that provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth, or a person having graduated from a massage therapy training program approved by the Pennsylvania State Board of Private Licensed Schools or equivalent agency if trained in another state; by a person certified through a massage therapy certification examination approved by the National Commission for Certifying Agencies; by a person certified through the National Certification Board for Therapeutic Massage and Bodywork; or is a practitioner or member of either of the American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), or International Massage Association (IMA). This definition does not include an athletic club, health club, massage therapy establishment school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(f) ADULT MINI-MOTION PICTURE THEATERAn establishment within an enclosed or unenclosed building or structure with a capacity of less than 50 persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(g) ADULT MODEL STUDIOAn establishment where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment that meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.
(h) ADULT HOTEL/MOTELA hotel, motel, or similar establishment offering public accommodations for any consideration, that provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(i) ADULT MOTION PICTURE ARCADEAny establishment in which the public is permitted or invited wherein coin- or slug operated or electronically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(j) ADULT MOTION PICTURE THEATERAn establishment within an enclosed or unenclosed building or structure with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(k) ADULT NEWSRACKAny coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
(l) ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business that provides an out-call service that consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
(m) ADULT SEXUAL ENCOUNTER CENTERAny establishment, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.
(n) ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, that regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
(o) ADULT VIDEO STOREAn establishment that has 50% or more of its stock-in-trade consisting of videotapes, video discs, or both, which are distinguished or characterized by an emphasis, depiction or description of specified sexual activities or specified anatomical areas.
(p) ADULT OTHERAn establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities.
(2) (a) Less than completely and opaquely covered human genitals, pubic regions; buttocks; and female breasts below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) (a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship or the use of excretory functions in the context of a sexual relationship and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
(b) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
(c) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;
(d) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(e) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(f) Erotic or lewd touching, fondling or other contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation.
AGRIBUSINESSAgricultural uses that involve, but are not necessarily limited to, one or more of the following conditions:
(1) CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)An agricultural operation that meets the criteria established by the Department of Environmental Protection under authority of the act of June 22, 1937 (P.L. 1987, No. 394), known as the Clean Streams Law.
(2) CONCENTRATED ANIMAL OPERATION (CAO)An agricultural operation that meets the criteria established by the State Conservation Commission in regulations under the authority of 3 Pa.C.S.A. Chapter 5 (relating to nutrient management and odor management) in Pa. Code Title 25, Chapter 83, Subchapter D (relating to nutrient management).
(3) OTHER AGRIBUSINESSAny agricultural operation other than a CAFO or CAO, whether involving animal, animal product, or vegetable production, which occurs within an enclosed structure exceeding 10,000 square feet per building or a cumulative total of 15,000 square feet of building area.
AGRICULTUREThe principal use of land which shall include, but not be limited to, the tilling of the soil, the raising of crops, horticulture, apiculture, floriculture, viticulture and gardening. The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products: livestock, including beef cattle, sheep, swine horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals: bees and apiary products; fur animals; trees and forest products: fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program, but excluding concentrated animal operations (CAOs), concentrated animal feeding operations (CAFOs), and forestry. This definition also includes the processing and accessory retail sale of goods produced and including one detached dwelling and other necessary structures and equipment to support the agricultural activity.
AGRICULTURAL OPERATIONAn 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.
AGRIVOLTAICSThe co-development of the same area of land for both solar photovoltaic power and conventional agriculture.
[Added 8-15-2024 by Ord. No. 2024-01]
AIRPORT OVERLAY ZONE TERMS AND PHRASESUnless specifically defined elsewhere herein, the following words and phrases when used in §
204-22 of this chapter relating to the Airport Overlay Zone shall have the meaning given to them herein this section unless the context clearly indicates otherwise:
(1) AIRPORTAirport (N94) and any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities for rights-of-way, together with all airport buildings and facilities thereon. As used herein, the term "airport" includes public airports, but excludes private airports and heliports. Public and private airports are defined separately in this section.
(2) AIRPORT ELEVATIONThe highest point of an airport's usable land area measured in feet above sea level. The airport elevation for Carlisle Airport (N94) is 510 feet.
(3) AIRPORT HAZARDAny structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
(4) AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for in §
204-22 of this chapter and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
(5) APPROACH SURFACE ZONEAn imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach.
(6) CONICAL SURFACE ZONEAn imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically or (20:1) for a horizontal distance of 4,000 feet.
(7) FAAFederal Aviation Administration of the United States Department of Transportation.
(8) HEIGHTFor the purpose of determining the height limits in all Airport Overlay Zone related zones set forth in §
204-22 of this chapter and shown on the Overlay Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
(9) HORIZONTAL SURFACE ZONEAn imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach.
(10) LARGER-THAN-UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds' maximum gross weight and jet-powered aircraft.
(11) NON-PRECISION-INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.
(12) OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by §
204-22 of this chapter.
(13) PRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precisions Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
(14) PRIMARY SURFACE ZONEAn imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
(15) RUNWAYA defined area of an airport prepared for landing and takeoff of aircraft along its length.
(16) TRANSITIONAL SURFACE ZONEAn imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically.
(18) UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds' maximum gross weight or less.
(19) VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.
AIRSTRIPA principal or accessory use that is privately owned and operated at which the owners' aircraft are stored, take off, land, or any combination thereof. Additionally, invited guests may use an airstrip so long as no fees or other remuneration are charged for such use and such use only involves the temporary storage of aircraft.
ALLEY (or SERVICE DRIVE)A strip of land over which there is a public or private right-of-way intended to provide vehicular access to the side, rear, or both, of properties with frontage on a street. An alley is not intended for general traffic circulation.
ALTERATIONSAn action involving any of the following:
(1) A change in the size of a building, structure, or both;
(2) A change in the use of property; and
(3) A rearrangement or relocation of a building, structure, use, or any combination thereof, upon a property.
ALTERNATIVE SEWERA public sewer system which principally relies upon natural wastewater treatment systems, rather than a man-made/mechanical treatment plant system. Examples include, but are not limited to, wetlands, aerated ponds, lagoons, and spray irrigation.
ANIMAL EQUIVALENT UNIT (AEU)One thousand pounds live weight of livestock or poultry, regardless of the number of individual animals or birds comprising the unit.
ANIMAL HOSPITALAn establishment offering veterinary services to all types of animals, which also includes outdoor and overnight boarding of animals.
ASSISTED-LIVING FACILITYAn establishment engaged in the coordinated and centrally managed housing including self-contained units designed to provide a supportive environment and to accommodate a relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, linen and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 and older, persons with physical handicaps and/or the developmentally disabled. Assisted-living facilities shall be licensed as personal care centers by the Commonwealth of Pennsylvania.
ATTICThat part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more and a permanent stationary interior access stairway to a lower building story.
AUCTIONA public sale of property to the highest bidder.
AUCTION HOUSEA building used for the conduct of auction sales of goods by a state-licensed auctioneer or apprentice auctioneer.
AUTOMATED BANKING FACILITYAn establishment whereby automated devices that perform banking or financial functions are operated by the consumer or patron primarily for those who remain in their automobile, but may also be operated by those customers who walk up to the device.
AUTOMOBILE, HEAVY EQUIPMENT AND SIMILAR MOTOR VEHICLE RENTAL/SALESAn establishment involving the indoor and/or outdoor display, sale, or rental of new and used automobiles, trailers, boats, heavy equipment, recreational vehicles, trucks, other similar private passenger, recreation and commercial motor vehicles, and mobile homes, and which may include serving and repairs, state inspections, oil changes and lubrications, and tune-ups be conducted within an completely enclosed building as an accessory use, incidental to the principal use.
AUTOMOBILE FILLING AND/OR SERVICE STATIONAn establishment where motor fuel, oil, grease, batteries, tires, or automobile accessories are supplied and dispensed at retail, which may include making minor incidental repairs, state inspections, oil changes and lubrications, and tune-ups. This use specifically prohibits body work; straightening of body parts; painting; welding; storage of wrecked vehicles; sales and rental of automobiles, trailers, boats, heavy equipment, recreational vehicles, trucks, other similar private passenger, recreation and commercial motor vehicles, and mobile homes; automobile, heavy equipment and similar motor vehicle repair centers; and other major mechanical work is not permitted as part of this use. This definition excludes general convenience stores.
AUTOMOBILE, HEAVY EQUIPMENT AND SIMILAR MOTOR VEHICLE REPAIR CENTERAn establishment where major and minor servicing and repair of automobiles, trailers, boats, heavy equipment, recreational vehicles, trucks, other similar private passenger, recreation and commercial motor vehicles, and mobile homes is conducted as a primary activity. Included in this definition are:
(1) Repair or overhaul of engines, transmissions, differentials, axles, spring, clutches, radiators, etc.
(2) Collision service, including body, fender and frame repair, welding, painting and refinishing and glass replacement body work; but also may include tire sale, repair, wheel balancing, and front-end alignment facilities; and oil changes.
AUTOMOBILE WRECKING, JUNK AND SCRAP STORAGE AND SALES ESTABLISHMENTS (JUNKYARD)An establishment used for the storage, collection, baling, packing, sorting, handling, disassembling, recycling, resource recovery, purchase or sale of any material which has been used, salvaged, scrapped or reclaimed, but is capable of being reused in some form including, but not limited to, metals, fiber, paper, cloth and rags, rubber, rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber, boxes, crates, pipe and pipe fittings, tires, two or more motor vehicles which are inoperable and do not have a current and valid inspection sticker as required by the Commonwealth of Pennsylvania, and motor vehicle parts, but not including garbage or other organic wastes. No material which fails to meet this definition because it is discarded and incapable of being reused in some form shall be placed in any establishment as herein defined. In no zone shall this use be considered to be accessory or incidental to another use. See "junkyard."
BED-AND-BREAKFASTAn owner-occupied or manager-occupied business which occupies an existing single-family detached dwelling and/or associated accessory structures where limited overnight lodging and breakfast is provided for compensation to guests and where said use may or may not also host accommodations for private events (e.g., such as weddings and conferences). The dwelling may or may not include a publicly accessible restaurant as a related use. Overnight lodging occurs within individual guest rooms which do not contain cooking facilities.
BILLBOARDA sign displaying changeable advertising copy which pertains to a business, organization, event, person, place, service or product not principally located or sold on the premises upon which said sign is located, and shall include public service messages, political campaign advertisements and other noncommercial speech.
BOARDThe Zoning Hearing Board of North Middleton Township.
BOARDINGHOUSE (including "ROOMING HOUSE")(1) A residential use in which:
(a) Room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation; or
(b) A dwelling unit includes greater than the permitted maximum number of unrelated persons.
(2) A boardinghouse shall not include a use that meets the definition of a treatment center, hotel, motel, life-care center, personal care, bed-and-breakfast, group home, group care facility, nursing home, or similar type group living use. A boardinghouse may involve the provision of meals to residents, but shall not include a restaurant open to the public. A boardinghouse shall primarily serve persons residing on-site for five or more consecutive days.
BUFFERAn area within a property or site generally adjacent to and parallel with the lot line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to limit continuously the view, sound and/or light from the site to adjacent sites or properties.
BUILDINGAny structure, either temporary or permanent, having a roof supported by columns or walls, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including porches, decks, awnings, or vehicles situated on private property and used for purposes stated above. For the purposes of this chapter, the word "building" shall include gas or liquid storage tank. See Diagram 204-12B.
(1) ATTACHED BUILDINGA building which is connected to another by two or more party walls in common, except for end units. For purposes of this definition, attached buildings shall each have one front yard and one rear yard, and two party walls in common with, and attached to two other buildings, except for end units, which shall each have one party wall in common and one side yard.
(2) DETACHED BUILDINGA building which is completely surrounded by permanent open space. For purposes of this definition, detached buildings shall have two side yards, one front yard and one rear yard.
(3) SEMIDETACHED BUILDINGA building which is connected to another building by only one party wall in common. For purposes of this definition, semidetached buildings shall each have one side yard, one front yard, one rear yard, and one party wall in common with, and attached to another building.
Diagram 204-12B  |
BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, which is located on the same lot as that occupied by the principal building. Buildings associated with agriculture and not intended for habitation are considered to be accessory buildings. See Diagram 204-12C.
Diagram 204-12C  |
BUILDING, PRINCIPALA building which is enclosed within exterior walls or fire walls, which is built, erected, and framed of component structural parts, which is designed for housing, shelter, enclosure, and support of individuals, or property of any kind, and which is a main structure on a given lot. See Diagram 204-12C.
BUILDING AREAThe total of areas taken on a horizontal plane at the average grade level of the principal building or structure and all accessory buildings and structures, including covered porches, decks, and awnings.
BUILDING FACADEThe front exterior face, elevation, or wall of a principal building or structure, often the side of the building facing street rights-of-way (excluding alleys).
BUILDING FOOTPRINTThe area of a building or structure measured from the exterior surface of the exterior walls at grade level. Where a building or structure is elevated above grade level, the building footprint is the area the building would cover if it were located at ground level.
BUILDING HEIGHTThe vertical distance from the average finished grade in front of the building or structure where the address is taken to:
(1) The top of the highest roof beams on a flat or shed roof;
(2) The deck level on a mansard roof; and
(3) The average distance between the eaves and the ridge level for gable, hip, and gambrel roofs.
Diagram 204-12D  |
BUILDING ORIENTATIONGenerally refers to the manner in which a building or structure is positioned on a lot (e.g., a front building facade parallel to a front lot line).
BUILDING SETBACK LINEThe line within a property defining the required distance between any enclosed building or structure and the abutting right-of-way, or otherwise, front, rear, and side lot lines. In the case of lot where a front and/or rear lot line does not coincide with a recorded right-of-way, the building setback line shall be measured from the associated recorded right-of-way. See Diagram 204-12E.
Diagram 204-12E |
|---|
 | A | Driveway |
|---|
B | Frontage |
|---|
C | Lot line |
|---|
D | Lot depth |
|---|
E | Lot width |
|---|
F | Setback line |
|---|
G | Setback, front |
|---|
H | Setback, rear |
|---|
I | Setback, side |
|---|
J | Right-of-way (ROW) |
|---|
K | Yard, front |
|---|
L | Yard, rear |
|---|
M | Yard, side |
|---|
N | Structure, accessory |
|---|
O | Structure, principal |
|---|
Rights-of-way, setbacks and other lines not drawn to scale |
CAMPERAny individual who occupies a campsite or otherwise assumes charge of, or is placed in charge of, a campsite.
CAMPGROUND or RECREATIONAL VEHICLE PARKA state-permitted establishment, through the Pennsylvania Department of Health, in which a portion of land is used for the purpose of providing a space for trailers, recreational vehicles, or tents for camping purposes, regardless of whether a fee has been charged for the leasing, renting or occupancy of the space, in accordance with the Pennsylvania Code, Title 28, Chapter 19. The campground may be an organized camp which includes a combination of programs and facilities established for the primary purpose of providing an outdoor group living experience for children, youth and adults with social, recreational, and educational objectives and operated and used for five or more consecutive days during one or more seasons a year.
CAMPSITEAny plot of ground within a campground intended for exclusive occupancy by a camping unit or units under the control of a camper.
CAMPING UNITAny tent, trailer, cabin, lean-to, recreation vehicle, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, or vacation purposes.
CARPORTAn unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts.
CARTWAY or ROADWAYThe improved surface of a street, access drive, driveway or alley available for vehicular traffic, including travel lanes and parking lanes, but not including curbs, sidewalks or swales.
CAR WASHAn establishment whereby structures equipped with apparatuses is used for the interior and/or exterior cleaning, vacuuming, washing, polishing, or waxing or any combination thereof, of motor vehicles is provided.
(1) AUTOMATIC CAR WASHA self-serve car wash in which the vehicle enters a washing bay and is cleaned solely by a mechanized process.
(3) SELF-SERVICE CAR WASHA car wash in which the vehicle enters a washing bay and is cleaned by the vehicle's occupants.
CEMETERYA parcel of land used as a burial ground for human or animal remains, including columbariums, crematoria, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.
CLEAR-SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.
CLINIC, MEDICALAn establishment where patients are admitted for examination and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, consultation rooms, and X-ray, but may also include a pharmacy, provided that such use has access only from the interior of the building or structure, on an outpatient basis by three or more licensed medical professionals including physicians, dentists, opticians, psychologists, other similar medical personnel and vocations.
CLUB, CLUBHOUSE OR LODGE, PRIVATEA building, structure, or part thereof, used to house an organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are not conducted any vending stands, merchandising or commercial activities except as required for the membership or fund-raising of such club. This use shall not include bar, boardinghouse, nightclub, restaurant, or tavern open to the general public, or an auditorium, unless that particular use is permitted in that district and the applicable requirements of that use are met, provided they are operated primarily to serve members and their guests.
CO-LOCATIONInstallation of a communication antenna on an existing structure other than a communication tower. Co-location includes the installation of communication equipment on or near the existing structure. No part of the communication antenna or communication equipment may extend more than 20 feet above the highest point of the structure on which the communication antennas are attached.
COMMERCIAL RECREATIONAny establishment whose main purpose is to provide the general public with an amusing or entertaining activity, and where tickets are sold or fees are collected for the activity:
(1) INDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn establishment operated as a gainful business, open to the public, for the purpose of leisure-time activities, public recreation or entertainment, including, but not limited to, amusement arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, health and fitness club, miniature golf course, skating rink, swimming pool, dance or gymnastic instructional school, tennis courts, etc., when operated within a completely enclosed building. This use does not include a theater.
(2) OUTDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn establishment operated as a gainful business, open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure-time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-carts and skating rinks, but also includes amusement rides or regular live entertainment. For purposes of this chapter, this use excludes a park, golf course and an outdoor shooting range.
COMMON OPEN SPACEAny area of land or water, or a combination of land and water, within a development site designed and intended for use by all residents of the development or the general public. Land included within the right-of-way lines of streets and stormwater detention basins with impervious surfaces shall not be classified as common open space. Common open spaces shall not include required setbacks between buildings and street rights-of-way, driveways, access drives, parking areas and lot lines of the development. No dwelling unit, residential accessory buildings or parking or loading areas may be located within common open spaces.
COMPREHENSIVE PLANThe most recent version North Middleton Township Comprehensive Plan, including any amendments.
CONDITIONAL USEA permitted use which may be appropriate to a particular zone 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 §
204-73 of this chapter.
CONDOMINIUMA form of property ownership providing for individual ownership of a specific dwelling unit or other space, together with an undivided interest in the land or other parts of the structure in common with other owners.
CONSERVATION PLANA plan including a map(s) and narrative that outlines an erosion and sedimentation control plan for an identified parcel of land.
CONTINUING CARE RETIREMENT COMMUNITYAn age-restricted development or establishment that provides a continuum of accommodations and care for independent living to long-term bed care, and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee.
CONTRACTOR'S OFFICE AND STORAGE YARDAn establishment of any general contractor or builder where equipment and materials are stored and/or where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein.
CONTRACTOR'S OFFICEAn establishment of any general contractor or builder in which one or more persons are employed in the management, direction or conducting of business and whose staff/employees serve clients who seek advice and consultation regarding business. Equipment and materials may not be stored nor may a contractor perform shop or assembly work at this establishment.
CONVENIENCE STOREAn establishment primarily engaged in the retail sale of frequently or reoccurring needed goods for household consumption, including but not limited to prepackaged food and beverages, foods prepared on site, magazines, lottery tickets, tobacco products, and limited household supplies, and hardware; and the rental of videotapes, DVDs and videogames, provided that an adult bookstore is specifically prohibited. Convenience stores shall not include the dispensing of gasoline or other vehicle fuels and/or the washing of automobiles, unless the dispensing of fuel and washing of automobiles are permitted in the zone and the appropriate approvals for an automobile filling/service station and car wash (as defined herein) have been obtained as applicable.
CONVENTION CENTERA group of uses designed and constructed as an integrated development to serve those attending consumer trade shows, association conferences and meetings, sports shows, banquets, receptions and other similar functions.
COPY SHOP/BUSINESS SERVICEAn establishment primarily engaged in providing custom printing, photocopying, faxing, mailing, courier service and/or other similar business and officer support services, along with accessory sales of materials and items related to copying and mailing.
CRAFTSMAN OR ARTISAN STUDIOAn establishment primarily engaged in the on-site production, display, and sale of goods created on-site by hand manufacturing involving only the use of hand tools or domestic mechanical equipment not exceeding eight kilowatts (kW). Typical uses include painting and other media art, ceramics, fabric crafts, candle-making, and jewelry manufacturing. All such production associated with this use shall occur within a completely enclosed building.
DAY CAREAn establishment offering care or supervision of persons under the age of 16, special needs adults in lieu of care or supervision by family members, or elderly persons (generally 60 years of age and older) and/or mentally retarded and/or physically handicapped who need such daily assistance because of their limited physical abilities, Alzheimer's disease, mental abilities or mental retardation. This use shall not include persons who need oversight because of behavior that is criminal or violent. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person:
(1) DAY CARE, ACCESSORYAn accessory use to a dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day. An accessory day care does not require zoning approval.
(2) DAY CARE, COMMERCIALAn establishment operated as a gainful business which the care and supervision to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, places of worship, industries, residential complex, etc.); however, in no case shall a commercial day care be considered an accessory use to an individual dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Department of Public Welfare of the Commonwealth of Pennsylvania.
(3) DAY CARE, FAMILYAn accessory use to a single-family detached dwelling, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered with the Pennsylvania Department of Public Welfare of the Commonwealth of Pennsylvania.
DENSITY, NETThe number of dwelling units permitted in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of any public, private, or both, streets.
DEPThe Pennsylvania Department of Environmental Protection.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.
DEVELOPMENTAL DISABILITYA disability of a person which has continued or can be expected to continue indefinitely; a disability which is:
(1) Attributable to mental retardation, cerebral palsy, epilepsy, autism, injury, trauma, or any combination thereof.
(2) Found to be attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons.
(3) Attributable to dyslexia resulting from a disability described in Subsections
(1) and
(2) of this definition.
DISTRIBUTIONA process whereby materials, goods or products are imported, stored by one person and then delivered to another.
DOMESTIC PETSThe noncommercial keeping of no more than six adult nonfarm animals that are locally available for purchase as pets, as an accessory use to a dwelling unit.
DRIVE-INA business establishment, including an eating establishment, offering refreshments, entertainment, goods or services to patrons, who purchase and/or consume such refreshments, entertainment, or services on the premises and/or outside of the building or structure, including patrons who may receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DRIVE-THROUGHA portion of a business establishment dependent on providing an access drive approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
DRIVEWAYA private improved surface designed and constructed to provide vehicular movement from a street to a parking area, garage, dwelling, building or structure within a lot or property containing one single-family dwelling unit or an agricultural activity.
DWELLINGAny building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, motels, boarding, rooming and lodging houses, institutional houses, tourists courts, and the like, offering overnight accommodations for guests or patients. In addition, all dwellings shall be properly connected to approved and permanently designed public or on-lot sewer, public or on-lot water, electrical and other utility systems. See Diagram 204-12F.
(1) MULTIFAMILY DWELLINGA detached building, or a group of attached or semidetached buildings, containing three or more dwelling units for housing three or more families or housekeeping units.
(2) SINGLE-FAMILY ATTACHED DWELLINGAn attached building containing one dwelling unit for housing one family or housekeeping unit. For purposes of this definition, "row house" and "townhouse" are considered single-family attached dwellings.
(3) SINGLE-FAMILY DETACHED DWELLINGA detached building containing one dwelling unit for housing one family or housekeeping unit. For purposes of this chapter, recreational vehicles, as defined herein, shall not be construed as dwellings.
(5) TWO-FAMILY DWELLINGA detached building containing not more than two dwelling units for housing not more than two families or housekeeping units.
Diagram 204-12F  |
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EARTHMOVING ACTIVITYAny construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth, excluding the tilling of the soil.
EASEMENTA right granted for the use of private land for certain public, quasi-public, or private purposes; also the land to which such right pertains.
ESSENTIAL SERVICESThe provision by public utilities, municipal or other governmental units regulated by the Public Utility Commission (PUC) or other governmental agencies of underground or overhead gas, electrical, steam or water pipes, sewer and storm sewer facilities, and wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or governmental units or for the public health, safety or general welfare.
ENGINEER, PROFESSIONALA person duly registered as a professional engineer by the Commonwealth of Pennsylvania.
ENGINEER, TOWNSHIPThe Township Engineer, who will be a registered professional engineer, or any registered professional engineer or any consultant designated by the Board of Supervisors to review a subdivision plan and perform the duties of engineer on behalf of the Township.
FAMILYOne or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.
FARM OCCUPATIONA business activity administered or that is clearly conducted as an accessory use to and/or within a principal agricultural use, within an accessory structure.
FENCEA structure designed as a barrier to restrict the movement or view of persons, animals, property, vehicles, or any combination thereof. This definition shall not include ornamental fence treatments that are located in the front yard and extend less than 1/2 the width, depth, or both, of the front yard.
FILLMaterial placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, jetties, embankments and causeways.
FLOOR AREA, GROSSThe total of all floor areas of a building or structure from the exterior face of exterior walls, or from the center line of a wall separating two buildings, excluding uninhabitable cellar, basement, and attic areas used only for storage and the operation and maintenance of the building.
FLOOR AREA, NETThe total of all floor areas of a building or structure, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FLOOR AREA, HABITABLEThe total of all floor areas of all rooms used for habitation in a building or structure, such as living room, dining room, kitchen, or bedroom, but not excluding hallways, stairways, cellars, basements, attics, service rooms or utility rooms, bathroom, closets, nor unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court. At least half of the floor area of every habitable room shall have a ceiling height of not less than seven feet and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area.
FLOOR AREA RETAIL, NETThe total of all floor area space relegated to use by the customer and the retail employee to consummate retail sales; and to include display area used to indicate the variety of goods available for the customer; but not to include office space, storage space, and other general administrative areas.
FOOD SERVICE FACILITYAn establishment in which food is processed and/or prepared on the premises, and which may be sold on the premises. This term shall also include bakeries and catering establishments.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FRONTAGEThe linear measurement taken along a property's common boundary with an adjoining street right-of-way, other than that of a limited access highway. See Diagram 204-12E.
FUNERAL HOMEAn establishment conducting embalming and cremation which may include the viewing of the deceased and ceremonies connected therewith prior to burial or cremation, but not including cemeteries, columbariums, mausoleums, and entombments.
GARBAGEAll table refuse, animal and vegetable matter, pieces, parts, remains of meat, fish and fowl, vegetables and other parts thereof and all other articles or material ordinarily used for food which have become unfit for such use or which are, for any reason, discarded. See "waste."
GARAGE, PRIVATEAn accessory building for the storage of one or more automobiles, other vehicles accessory and incidental to the primary use of the premises, or both; provided, however, that one commercial vehicle of not more than one-ton capacity may be stored therein where the use of such vehicles is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises. (UNLESS OTHERWISE PERMITTED IN THIS CHAPTER) Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as habitable floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors and provided adequate off-street parking is still available on the same lot as the dwelling unit.
GARAGE/YARD SALEThe public sale of household and personal items, and/or items common to the use of home ownership.
GLAREThe effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
[Added 8-15-2024 by Ord. No. 2024-01]
GOLF COURSEA public or private recreational area primarily used for playing golf and which has a minimum of 5,000 yards of play in 18 holes or 2,500 yards in nine holes, and which may include accessory facilities such as a driving range, pro shop, and/or restaurant.
GROUP CARE FACILITYAn establishment providing shelter, counseling, and other rehabilitative services in a family-like environment for nine but fewer than 15 residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimum level of supervision but do not require medical or nursing care or general supervision. A group care facility must be licensed and/or approved by the Pennsylvania Department of Public Welfare.
GROUP HOMEA dwelling unit directly associated with and operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age, emotional, mental, developmental or physical disability. Such administration is through the direction of paid professional staff and for supervision of residents by full-time resident staff. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Pennsylvania and Federal Fair Housing Acts, as amended. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use.
(1) Group homes shall be subject to the same limitations and regulations by the Township as the type of dwelling unit they occupy.
(2) It is the express intent of the Township to comply with all provisions of the Pennsylvania and Federal Fair Housing Acts, as amended, and regulations promulgated thereunder, in the construction of this term.
| * | NOTE: The Federal Fair Housing Act Amendments defined "handicap" as follows: "1) a physical or mental impairment which substantially limits one or more of such person's major life activities; 2) a record of having such an impairment; or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in § 802 of Title 21." This definition was subsequently adjusted by § 512 of the Americans with Disabilities Act to address certain situations related to substance abuse treatment. |
HALFWAY HOUSEA non-institutional living arrangement with treatment and support services for persons with substance abuse problems or for inmates and parolees approaching parole release date or release from a corrections institution. The halfway house (community corrections center) operates under the rules and regulations of the Pennsylvania Department of Health or Department of Corrections or similar authorities. The residents are provided full-time supervision and counseling on employment, vocations, finances and community living.
HAZARDOUS MATERIALMaterials which have the potential to damage health, endanger human life or impair safety.
HAZARDOUS WASTEAny garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations and from community activities, or any combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of or otherwise managed.
HAZARDOUS WASTE FACILITYAny structure, group of structures, aboveground or underground storage tanks or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township.
HEAVY EQUIPMENTMachinery, vehicles and other devices that are not normally used for domestic purposes upon a residential dwelling lot. Examples include, but are not limited to, agricultural machinery, excavation equipment, commercial trucks and trailers, Class II recreation vehicles (as defined herein), yachts, industrial machinery, etc.
HELIPORTA principal (or accessory, like airstrip) use where one or more helicopters may land/take off and be stored. Such use may also include support services such as fueling and maintenance equipment, passenger terminals and storage hangars.
HISTORIC RESOURCES PHRASES AND TERMSUnless specifically defined elsewhere herein, the following words and phrases when used in §
204-23 of this chapter relating to the Historic Resources Overlay Zone shall have the meaning given to them herein this subsection unless the context clearly indicates otherwise:
(3) ARCHITECTAn individual with a degree from a recognized university and registered in the Commonwealth of Pennsylvania in the profession of design and construction of buildings and structures.
(4) ARCHITECTUREThe art/science of building design and construction; a method or style of building; the product of construction; the recognizable features for any kind of structure; the materials and methods used to produce a structure.
(7) HISTORIC RESOURCEAny building, structure, site, object or district that is listed in the National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource within a National Register listed or locally designated historic district; or with an opinion of certification that the property is eligible to be listed on the National Register of Historic Places either individually or as a contributing resource to a historic district. For purposes of this chapter, resources classified as Class 1 and Class 2 shall be considered historic resources.
(8) INTEGRITYHistoric integrity is the composite of seven qualities: location, design, setting, materials, workmanship, feeling, and association. All seven qualities do not need to be present as long as the overall sense of past time and place is evident. All properties change over time. The retention of integrity depends upon the nature and degree of alteration or change. It is not necessary for a property to retain all the physical features or characteristics that it had during its period of significance. However, the property must retain the essential physical features that enable it to convey its past identity or character and therefore its significance.
(9) MAINTENANCETo keep in its existing state, preserve from failure or decline, upkeep.
(10) NATIONAL REGISTER OF HISTORIC PLACESThe official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering and culture.
(11) OBJECTA construction primarily artistic in nature or relatively small in scale and simply constructed, such as a statue, milepost, hitching-post, etc.
(12) RECYCLE or SALVAGEWhen used in connection with historic resources, shall mean retention of reusable building materials for reuse.
(13) SITEThe location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains.
HOME OCCUPATIONA business activity administered or that is clearly conducted as an accessory use to and within a single-family detached dwelling.
HORTICULTUREThe growing of fruits, vegetables, flowers, or ornamental plants.
HOSPITALAn establishment which provides medical, psychiatric, obstetrical, or surgical care on a twenty-four-hour basis. The term "hospital" shall include facilities used for medical research and training for health-care professions, general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals, and any such other facilities which provide inpatient care. A hospital use can also include attached and detached accessory uses, provided that all uses are contained upon the hospital property. A hospital shall be licensed as such by the Commonwealth of Pennsylvania. The term "hospital" shall not include any facility in which is conducted the housing of the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony.
HOTELA facility which provides lodging to boarders for compensation, which contains more than eight rooms with less than 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building and which may provide meals and other services as a part of the compensation.
IMPERVIOUS AREAAny portion of a lot covered by material impenetrable by precipitation, including buildings, structures and paved areas.
IMPERVIOUS COVERAny natural or man-made material utilized to cover, pave or resurface any portion or area of a lot, whether permeable or impermeable, excepting only soil, plants or vegetative coverings. "Impervious cover" shall include, among other materials, any form or mixture of concrete, stone, asphalt, tar, or other substance designed and intended to alter the natural state of the land.
INDUSTRIAL USEAny enterprise in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. This term includes but is not limited to those involving manufacturing; processing; packaging; printing, publishing and binding; production; testing of materials, goods and products; conversion and assembly; industrial laundries; repair of large appliances and equipment; machine shops, and welding shops.
(1) (a) Involving the processing and manufacturing of semi-finished and/or finished materials or products predominately from extracted, raw, and/or recycled materials; and/or
(b) Engaged in the storage of, manufacturing processes using, and/or shipping of flammable or explosive materials; and/or
(c) Engaged in the storage, manufacturing processes, and/or shipping of materials or products that potentially involve hazardous or commonly offensive conditions; and
(d) Due to the more intensive nature of the processes, materials, products, etc. such uses may disturb or endanger neighboring properties.
(2) (a) Involving the manufacturing, predominately from previously prepared semi-finished or finished materials products or parts, finished materials and products, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution, as well as the repair of such finished products; but
(b) Excluding the processing of extracted, raw, and/or recycled materials; and
(c) Due to the lower intensity nature of processes, materials, or products, produce no noise, vibration, air pollution, fire hazard or noxious emission, which would disturb or endanger neighboring properties.
(d) Such establishments involved in the production and/or repair services when such facilities are in a completely enclosed building including home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods; musical instruments; novelties; mass-produced furniture; wood products such as cabinetry, printed material; lithographic plates; type composition; machine tools; dies and gauges; ceramics; apparel; lightweight metal castings; film processing; light sheetmetal products; tinsmithing, welding, plumbing, heating, ventilating and air-conditioning plastic goods; pharmaceutical goods; and food products, but not animal slaughtering or curing nor rendering of fats.
INDUSTRYThe manufacturing, compounding, processing, assembly, or treatment of materials, articles, or merchandise.
JOINT-USE ACCESS DRIVEAn access drive shared by and constructed to provide vehicular access between multiple nonresidential or multifamily uses and a street.
JOINT-USE DRIVEWAYA driveway shared by and constructed to provide access to two or three properties.
JUNKUsed materials, discarded materials, or both, including, but not limited to, waste, paper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, which are being stored awaiting potential reuse or ultimate disposal.
JUNKYARDAny place where activity of storing or accumulating junk occurs or where business of selling, buying or dealing in junk is carried on or where two or more motor vehicles are stored which are unlicensed, inoperable, and do not have a current and valid inspection sticker as required by the Vehicle Code and other laws of the Commonwealth of Pennsylvania. See "automobile wrecking, junk and scrap storage and sales establishments (junkyards)."
KENNEL, COMMERCIALAn establishment operated as a gainful business licensed through the Department of Agriculture, containing indoor and outdoor housing facilities for the sheltering of four or more canines, or other animals in accordance with the Pennsylvania Code, as amended or revised.
LARGE WIND ENERGY PRODUCTION FACILITYAn 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. Large wind energy production facilities consist of one or more wind turbines, tower, and associated control or conversion electronics and other accessory structures and buildings including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. A facility is considered a large wind energy production facility if it supplies electrical power solely for off-site use.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LIBRARYAn establishment in which literary, musical, artistic or reference material (such as books, manuscripts, recordings or films) are kept for use but not for sale.
LIGHTING-RELATED TERMS AND PHRASESUnless specifically defined elsewhere herein, the following words and phrases when used in §
204-37 of this chapter relating to the outdoor lighting shall have the meaning given to them herein this subsection unless the context clearly indicates otherwise. See Diagram 204-12G.
(1) FOOTCANDLEUnit of light density incident on a plane (assumed to be horizontal unless otherwise specified), and measurable with an illuminance meter, aka light meter.
(2) FULL CUTOFFAttribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the fixture.
(3) FULLY SHIELDEDAttribute of a lighting fixture provided with internal and/or external shields and louvers to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles.
(4) GLAREExcessive brightness in the field of view that is sufficiently greater than the brightness to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.
(6) LIGHT TRESPASSLight emitted by a lighting fixture or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.
(7) LUMENAs used in the context of this chapter, the light-output rating of a lamp (light bulb).
Diagram 204-12G  |
LIVESTOCKLarge animals, including, but not necessarily limited to, the following: horses, ponies, donkeys, mules, cattle, sheep, goats or swine, but also includes poultry. For purposes of this chapter, livestock shall not be considered domestic pets.
LOADING SPACEAn off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.
LONG-TERM-CARE NURSING FACILITYA facility defined and licensed by the Commonwealth of Pennsylvania Department of Health in accordance with Title 28 of the Pennsylvania Code, Chapter 201. The facility provides skilled or intermediate nursing care services 24 hours a day and seven days a week to individuals who do not require more intensive hospital-based care.
LOTAny parcel, plot or tract of land intended as a single unit for purposes of ownership, transfer of ownership, use, rent, improvement or development. Contiguous nonconforming lots of record under single and separate ownership shall be considered one lot for the purposes of this chapter. A lot, as herein defined, may or may not coincide with a lot of record. See Diagram 204-12H.
(1) LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots, including multiple frontage lots, shall have two front yards (abutting the street), one side yard and one rear yard. For purposes of this chapter, the front lot line of the street in which the lot is addressed shall be the primary front lot line, and the other front lot line shall be the secondary front lot line. The rear lot line shall be the lot line directly opposite of the primary front lot line. The side lot line shall be the lot line directly opposite the secondary front lot line.
(2) LOT, FLAGA lot whose frontage does not satisfy the minimum lot width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage.
(3) LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street right-of-way.
(4) LOT, DOUBLE-FRONTAGE, THROUGH OR REVERSE-FRONTAGEA lot having frontage on two or more parallel or approximately parallel streets. In such cases, the front yard setback will be determined by the street address, which yard along the addressed street shall be considered the front yard. The yard along the opposite parallel or approximately parallel street will be considered the rear yard for determining the minimum required rear setback. The minimum required rear setback line shall be used for all principal, accessory and temporary structures.
(5) LOT, MULTIPLE-FRONTAGEA corner lot that is adjacent to a street on three or more sides. (Multiple-frontage lot is not depicted in Diagram 204-12H below.)
Diagram 204-12H  |
LOT AREAThe area contained within the lot lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.
LOT COVERAGEThat portion or percentage of the lot area covered by impervious cover.
LOT LINEA line of record which divides one lot from another lot or from a public or private road (right-of-way) or any other public space. Where a lot abuts a public or private right-of-way, the lot line for regulatory purposes shall be the right-of-way line; also known as "road or street line." See Diagram 204-12E.
LOT OF RECORDA lot identified on a subdivision plan or on a deed or other instrument of conveyance recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania.
LOT WIDTHThe horizontal distance measured between side lot lines at the minimum front setback line for the district in which the lot is located. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite lot line. Unless otherwise noted, lot width shall be measured at the building setback line and the street frontage. For purposes of determining compliance with required lot width standards of this chapter, in calculating required lot width, the term shall mean the "contiguous" or "unbroken" horizontal distance measured between side lot lines. See Diagram 204-12E.
MANUFACTUREA function involving either the processing, conversion or production of materials, goods or products.
MANUREThe fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.
MANURE DIGESTERA facility whose main purpose is to use anaerobic digestion processes to convert livestock and poultry manure (primary catalyst) into biogas, which is generally burned on-site to produce electricity, heat, and water; as well as to manage livestock and poultry manure. Manure digesters may include "codigestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts). Types of manure digesters include covered anaerobic lagoons, plug-flow, and/or complete mix (or continually stirred tank reactor), along with other appurtenant sites, structures and buildings, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
MANURE STORAGE FACILITYA 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. Manure storage facilities shall comply with all applicable federal, state, and local regulations.
MASSAGE THERAPY ESTABLISHMENTAn establishment where massage services are provided by a person having graduated from a massage therapy training program approved by the Pennsylvania State Board of Private Licensed Schools or equivalent agency if trained in another state; by a person certified through a massage therapy certification examination approved by the National Commission for Certifying Agencies; by a person certified through the National Certification Board for Therapeutic Massage and Bodywork; and/or is a practitioner or member of either of the American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), or International Massage Association (IMA). Massage therapy establishments shall not be construed to be an adult-related use as defined herein, and shall comply with all applicable federal, state, and local regulations.
MASSAGE THERAPISTA person trained, and licensed by the Commonwealth of Pennsylvania, in manipulation of the soft tissues of the body by rubbing, stroking, kneading, etc. for therapeutic or healing purposes.
MINERAL EXTRACTION OR RECOVERY OPERATIONAn enterprise engaged in the searching for or removal of rock, soil or mineral from the earth by excavating, stripping, mining, leveling, or any other process, but exclusive of excavations or grading involved in the construction of a building. Also includes any processing operations in connection with the above activities.
MINERALSAny 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.
MINI-STORAGE WAREHOUSESAn establishment providing for the enclosed storage of household items or recreational equipment, where said items are retained for direct use by their owner, who shall have direct access thereto without intermediate handling by the proprietor of the facility.
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 again of being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in the North Middleton Township Mobile Home and Mobile Home Park Ordinance, as may be amended. Mobile homes placed on individual lots shall be considered dwellings and be bound by the requirements there imposed.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MOBILE HOME PARKA 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.
MOTELAn establishment which provides transient lodging accommodations to the general public in sleeping units which each have separate access directly to the outside and which may provide such additional supporting services as restaurants, recreation facilities and living quarters for a resident manager or proprietor.
MOTOR FREIGHT TERMINALAn area or building where freight transported by motor truck, motor carriers, or rail (full loads or less than full loads) is stored, handled, or transferred in the routine inter/intrastate shipment of said freight. It shall also include any area of such operations such as vehicle repair and service, truck parking, driver facilities and administrative operations located on the same parcel or tract.
MOTOR VEHICLE AUCTIONAn establishment where new and used automobiles, trailers, boats, heavy equipment, recreational vehicles, trucks, other similar private passenger, recreation and commercial motor vehicles, and mobile homes, are stored, readied, and displayed on a recurring scheduled basis primarily for wholesale, but may also include retail sales.
MUNICIPAL-OWNED USESAny establishment, use, facility, and/or structure owned and/or operated by North Middleton Township, or its authorized municipal authorities or agents.
MUNICIPALITYNorth Middleton Township, Cumberland County, Pennsylvania.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after the effective date of this chapter.
NIGHTCLUBAny building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer and wine as an accessory use. This is also meant to include an "under 21" club which features entertainment.
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 zone in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter, or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such 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 such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation.
NONCONFORMITY, DIMENSIONALAny aspect of a use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.
NONPROFIT USEA use whose purpose or purposes do not involve pecuniary profit, incidental or otherwise.
NO-IMPACT HOME OCCUPATIONA business activity administered or that is clearly conducted as an accessory use to and within residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with the residential use. (Also known as "no-impact home based business" per the MPC.)
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or flood-prone area, which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or which is placed where the flow of the water might carry the same downstream to the damage of life and property.
OFFICE, PROFESSIONAL BUSINESSAn establishment in which one or more persons are employed in the management, direction or conducting of business/commerce and whose staff/employees serve clients who seek advice and consultation regarding business/commerce. A business office may include the administrative, corporate or professional offices for profit, nonprofit or charitable organizations, but also includes real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, lawyers, clergymen, teachers, architects, engineers, insurance agents, and similar office-oriented uses.
OFFICE, MEDICALAn establishment where patients are admitted for examination and treatment to the general public without overnight accommodation and without a pharmacy, and shall include such uses as reception areas, offices, consultation rooms, and X-ray, provided that such uses have access only from the interior of the building or structure, on an outpatient basis by not more than two licensed medical professionals including physicians, dentists, opticians, psychologists, other similar medical personnel and vocations.
OFF-TRACK BETTING PARLORA commercial use at which persons can visit to wager upon and observe by remote television the outcomes of events that are taking place elsewhere.
ON-LOT SEWER SERVICEThe disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection.
ON-LOT WATER SERVICEThe provision of a safe, adequate and healthful supply of water to a single principal use from a private well.
OPEN SPACEA space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.
ORNAMENTAL POND AND WADING POOLA man-made body of water that contains less than 26.6 cubic feet (200 gallons) of water, has a maximum length or diameter of 15 feet and has a maximum depth of 18 inches.
OUTDOOR FARMERS/FLEA MARKETA retail sales use where more than one vendor displays and sells general merchandise that is new or used in an outdoor setting.
OUTDOOR CAFE/DININGA portion of an establishment which includes an exterior seating area associated with a food services, restaurant, tavern/bar, or other similar establishment.
PADEPThe Pennsylvania Department of Environmental Protection.
PARKA use of land, which may include accessory buildings and structures, for active and/or passive outdoor recreation for the purpose of pleasure, leisure, fellowship or exercise, commonly involving a sporting activity, camping, hiking, jogging, bicycling, swimming, picnicking and other related activities which is open to the public. A park may include amenities such as ball fields, tennis courts, trails, playground equipment, rest rooms, picnic tables, cooking grills and similar facilities. For purposes of this chapter, parks shall not include improvements for or permit uses considered commercial recreational uses.
PARKINGThe temporary stopping or standing of a licensed, inspected and operable vehicle, whether occupied or not, off the roadway.
PARKING COMPOUNDA public or private lot, building or structure that is designed and used for the temporary off-street storage and parking of passenger vehicles. This use shall include surface parking lots and parking structures including buildings and decks.
PARKING LOTAny area of a lot used for off-street parking facilities, providing for the transient storage of automobiles, and other motorized and nonmotorized vehicles.
PARKING STRUCTUREA building or structure where passenger vehicles may be stored for temporary off-street parking, including decks and buildings.
PARKING SPACEA space within an off-street parking compound for the parking of motor vehicles or trailers.
PAVED AREAAny area of a lot which is covered with a hard surface material, including asphalt or concrete, but not including, required public concrete sidewalks, curbs or cartways and shoulders of public streets.
PENNDOTThe Pennsylvania Department of Transportation.
PERSONAn individual, form, partnership, corporation or other legal entity.
PERSONAL CARE HOMEAn establishment defined and licensed by the Commonwealth of Pennsylvania Department of Public Welfare in accordance with Title 55 of the Pennsylvania Code, Chapter 2600. A personal care home is a premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term-care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration. A halfway house shall not be considered a personal care home.
PERSONAL SERVICE BUSINESSAn establishment where service-oriented activities for personal needs are provided to the general public, but which do not primarily involve retail sales of goods or does not involve professional advisory services. Such activities shall include and be similar to barbershops, beauty salons, health spas; photographic studios; small home appliance repair including radios and televisions; repair shops for tools, bicycles, guns, locks, shoes and watches; tailor, dressmaking, and upholstering shops, and pet grooming with no overnight boarding. Personal service establishments shall not be construed to be an adult-related use as defined herein.
PERVIOUS MATERIAL OR SURFACEAny material that covers the land that would allow the percolation of stormwater directly into the soil, including plants or vegetative coverings or as otherwise which would permit water to penetrate and as approved by the Township Engineer. Shall not include any permeable man-made material utilized to pave any portion or area of a lot.
PESTICIDEAny substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds or other forms of plant or animal life.
PLACE OF WORSHIPAn establishment wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all buildings, accessory buildings, structures and uses customarily associated with such primary purpose including rectories, convents and church-related schools and day-care facilities. Includes synagogue, temple, mosque, or other such place for worship and religious activities.
PLANNED CENTERA group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include planned center signs as regulated herein.
POST OFFICEAn establishment operated by the United States Postal Service, where mail is received, sorted, and delivered, and where stamps and other postal materials are sold.
PREMISESThe property upon which the activity is conducted as determined by physical facts rather than lot lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted and any signs located on such land are to be considered off-premises advertising:
(1) Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway or other obstruction and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.
(2) Any land which is used for or devoted to a separate purpose unrelated to the advertised activity.
(3) Any land which is in closer proximity to the highway than to the principal activity and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land or is a common or private roadway or is held by easement or other lesser interest than the premises where the activity is located.
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
[Added 8-15-2024 by Ord. No. 2024-01]
PRIVATE AIRPORTAn airport which is privately owned and which is not open or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
PROCESSINGA function which involves only the cleaning, sorting, sizing, packaging, or any combination thereof, of products and materials.
PUBLICOwned, operated, or both, by the Township, its authority, a Township-supported fire company or a Township-supported ambulance association.
PUBLIC AIRPORTAn airport which is either publicly or privately owned and which is open to the public as defined in 74 Pa.C.S.A. § 5102.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the North Middleton Township Board of Supervisors or Planning Commission (as applicable), intended to inform and obtain public comment, prior to taking action on zoning-related matters.
PUBLIC MEETINGA forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," and subsequent amendments.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, variance, or any combination thereof, requests shall also include the posting of a sign(s) at a conspicuous location(s) upon the site to notify potentially interested citizens; this sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing.
PUBLIC SEWERA municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.
PUBLIC UTILITIESUse or extension thereof which is operated, owned or maintained by a municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal, treatment, or both; public water supply, storage, treatment, or any combination thereof; or for the purpose of providing the transmission of energy or telephone service.
PUBLIC WATERA municipal water supply system or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.
PUBLIC/PRIVATE WORKS FACILITYThe erection, construction, alteration, operation or maintenance of buildings, power plants, towers, substations, water treatment plants or pumping stations, sewage disposal or pumping plants, public transportation and road maintenance facilities, and other similar public service structures by a utility, whether publicly or privately owned, or by government agency other than North Middleton Township (its authorities or agents), including the furnishing of electrical, gas, communication, water supply and sewage disposal services.
RADIOACTIVE MATERIALAny natural or artificially produced substance which emits radiation spontaneously.
RADIO STATIONOne or more transmitters or receivers or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for the transmission of AM or FM radio broadcasts.
RAIL YARD or RAILROAD YARDA rail yard, or railroad yard, is a complex series of railroad tracks for storing, sorting, or loading/unloading, railroad cars and/or locomotives. Railroad yards have many tracks in parallel for keeping rolling stock stored off the main line, so that they do not obstruct the flow of traffic.
RECREATIONAL VEHICLEA portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a travel trailer:
(1) The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled or when hauled by a standard motor vehicle on a highway.
(2) The unit is mounted or designed to be mounted on wheels.
(3) The unit is designed to be loaded onto or affixed to the bed or chassis of a truck.
(4) The unit contains or was designed to contain temporary storage of water and sewage.
(5) The unit contains some identification by the manufacturer as a travel trailer.
RECYCLING BUSINESS/CENTER, COMMERCIAL/INDUSTRIALA facility, other than a facility open to the public to receive commercial/industrial recyclable material, where any method, technique, or process is utilized to separate, process, modify, or convert waste so that component materials or substances may be used or reused or sold to third parties for such purposes. The use or reuse, or a solid waste may not be used in a manner that would constitute solid waste disposal.
RECYCLING BUSINESS/CENTER, HOUSEHOLD WASTEA facility, other than a facility open to the public to receive household waste and recyclable material, where any method, technique, or process is utilized to separate, process, modify, or convert waste so that component materials or substances may be used or reused or sold to third parties for such purposes. The use or reuse of a solid waste may not be used in a manner that would constitute solid waste disposal.
RENTALA procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.
REPAIRA function involved in correcting deficiencies of products that affect its performance, appearance, or both.
RESEARCH AND DEVELOPMENTAn establishment which carries on investigations in the natural, physical, technical or social science or engineering and development as an extension of such investigation with the objective of creating end products.
RESEARCH LABORATORYAn establishment involving facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products except as accessory and incidental to the main purpose of the laboratory.
RESTAURANTAn establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises. A restaurant may include the accessory sale of alcoholic beverages. However, if such sales is a primary or substantial portion of the total trade, the requirement of a tavern or bar as applicable must be met.
RETAIL BUSINESSAn establishment which sells goods or merchandise and repair services for goods or similar merchandise sold on the premises to the general public for personal and household consumption and rendering services incidental to the sale of such goods. Retail businesses shall not be construed to be an adult-related use as defined herein.
RETAILThose businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult-related uses as defined herein.
RIGHT-OF-WAYA strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary, storm sewer, and other similar uses, whether public or private. (See also "street line.") See Diagram 204-12E.
ROADSIDE STANDAn accessory structure which primarily involves the retail sale of agricultural and/or garden products such as fresh fruits, vegetables, herbs, flowers or plants produced on site or on property contiguous to the property on which they are offered for sale during the harvesting season.
RURAL OCCUPATIONA business activity administered or that is clearly conducted as an accessory use to a single-family detached dwelling, within an accessory structure.
SAWMILLAn establishment where timber is cut, sawed, or planed, either to finished lumber, or as an intermediary step and may include facilities for the kiln drying of lumber and may include the distribution of such products on a wholesale or retail basis.
SATELLITE DISH ANTENNAA device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit, receive, or both, radio or electromagnetic waves between terrestrially based uses, orbitally based uses, or both. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs" and "satellite microwave antennas."
SCHOOLAn establishment offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania.
(1) SCHOOL, COMMERCIALA school conducted for profit for such instruction as business, art, drama, music, handicraft, dancing, and other similar type low-impact uses conducted within a completely enclosed structure.
(2) SCHOOL, PUBLIC OR PRIVATEAny public, sectarian, or private nonprofit establishment approved by the Commonwealth of Pennsylvania offering formal academic instruction and services for state-required or largely state-funded programs at the kindergarten, elementary, and secondary levels. This term shall not include those uses considered commercial schools.
(3) SCHOOL, VOCATIONALSame as public or private school except that the primary activity is training in a trade or vocation, which may be conducted wholly or partially outside of an enclosed structure. This term shall not include those uses considered commercial schools.
(4) SCHOOL, POSTSECONDARYAny public, sectarian, or private establishment approved by the Commonwealth of Pennsylvania offering formal academic instruction and services to students who have typically achieved their high school or bachelor's diploma.
SCREENINGThe provision of a barrier to visibility, airborne particles, glare and noise between adjacent properties, uses, and/or zoning districts composed of a mixture of landscaping, trees, berms, shrubs, fences, walls and/or other similar type materials, that is intended to mitigate negative impacts, such as visual and noise, of the more intense use on the less intense use or zoning district.
SCREEN PLANTINGA vegetative material of sufficient height and density to conceal from the view of passing motorists and property owners on abutting and/or adjacent properties the structures and uses on the premises on which the screen planting is located.
SETBACKThe required horizontal distance between a setback line and a property or street right-of-way line. See Diagram 204-12E.
(1) SETBACK, FRONTThe distance between the street line and/or private right-of-way line and the front line of the principal building and/or structure projected to the side lines of the lot. The depth of the front setback shall be measured between the front line of principal building and/or structure and the street right-of-way line. Attached porches and decks, whether covered or uncovered, enclosed or unenclosed, shall be considered as part of principal building and/or structure and shall not project into a required front setback.
(2) SETBACK, REARThe distance between the rear line of the lot and the rear line of the principal building and/or structure projected to the side lines of the lot. The depth of the rear setback shall be measured between the rear line of the lot and the rear line of the principal building and/or structure. Attached porches and decks, whether covered or uncovered, enclosed or unenclosed, shall be considered as part of principal building and/or structure and shall not project into a required rear setback.
(3) SETBACK, SIDEThe distance between the side line of the lot and extending from the front lot line to the rear lot line. Any lot line not a rear line or a front line shall be deemed a side line. Attached porches and decks, whether covered or uncovered, enclosed or unenclosed, shall be considered as part of principal building and/or structure and shall not project into a required side setback.
SETBACK LINEA line within a property and parallel to a property or street right-of-way line which delineates the required distance between some particular use of property and that property or street right-of-way line. See Diagram 204-12E.
SHOOTING RANGEA place where firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) can be shot for recreation, competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
SHOPPING CENTERA planned center of four or more tenant leasable units or stores 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.
SIGNA device for visual communication that is used to bring the subject to the attention of the public. A sign shall not include flags or other insignia of any government, fraternal, civic, charitable or similar organization, or legal notices and signs posted prohibiting trespassing, hunting or fishing.
(1) FLAT WALL SIGNA sign that is displayed, mounted, or both, upon or generally parallel to the same plane as the face of a wall, such that no portion of the sign extends more than 12 inches from said wall.
(2) FREESTANDING SIGNA sign erected upon a permanently affixed, independent structure (legs or base).
(3) OUTPARCEL SIGNA sign affixed to a unit of occupancy contained within a planned center.
(4) PERMANENT SIGNA sign that is expected to be continuously displayed during the presence of a principal land use.
(5) TEMPORARY SIGNA sign that is only for specified periods of time, associated with some temporary event or work conducted on the site.
(6) UNDER CANOPY SIGNA sign that identifies one leasable unit within a shopping center and is hung from an overhead canopy of the shopping center or is provided as a wall projecting sign attached to the front wall of the unit where no canopy is provided.
(7) WALL PROJECTING SIGNA sign that is mounted to a building wall such that its principal display area is not parallel to the building wall. A wall projecting sign can also be attached to a marquee.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or instrument of conveyance prior to the enactment of this chapter or an amendment thereto and have continued since that date to be so separately described in all subsequent recorded deeds or instruments of conveyance.
SKILLED OR INTERMEDIATE NURSING CAREProfessionally supervised nursing care and related medical and other health services provided for a period exceeding 24 hours to an individual not in need of hospitalization, but whose needs are above the level of room and board and can only be met in a long-term-care nursing facility or an inpatient basis because of age, illness, disease, injury, convalescence or physical or mental infirmity.
SMALL WIND ENERGY SYSTEMA 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.
SOIL SURVEYThe most recent published version of the United States Department of Agriculture's Soil Survey for Cumberland County, Pennsylvania.
SOLAR EASEMENTA solar easement means a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
[Added 8-15-2024 by Ord. No. 2024-01]
SOLAR ENERGYRadiant energy (direct, diffuse and/or reflective) received from the sun.
[Added 8-15-2024 by Ord. No. 2024-01]
SOLAR ENERGY SYSTEMAn area of land 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. This shall include all other accessory structures related to the solar energy system including buildings, structures, substations, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
[Added 8-15-2024 by Ord. No. 2024-01]
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.
[Added 8-15-2024 by Ord. No. 2024-01]
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. The solar project area does not include any area outside of the fenced facility set aside for agricultural uses and designed to be adequate for the maneuverability of typical farm equipment.
[Added 8-15-2024 by Ord. No. 2024-01]
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.
[Amended 8-15-2024 by Ord. No. 2024-01]
(1) SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
(2) SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
(3) SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
SPECIAL EXCEPTIONA use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with §
204-64C of this chapter.
STORAGEA function involving the deposition of materials, goods, products, or any combination thereof, for safekeeping, including the parking or storage of unlicensed, uninspected or inoperable motor vehicles.
STOREFRONTThe wall of a unit of occupancy which faces the front yard (oriented toward the street) within a planned center, as defined herein.
STORYThat 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 75% 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.
STREETIncludes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way or private right-of-way, used or intended to be used by vehicular traffic, pedestrians, or both.
STREET CENTER LINEThe horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.
STREET FRONTAGEThe linear or curvilinear measurement taken along a property's street line with or street right-of-way, other than that of a limited-access highway. Street frontage must be a contiguous length when used to meet the minimum lot width requirements of this chapter.
STREET LINE or STREET RIGHT-OF-WAY LINEA line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence, a dedicated right-of-way, or a reserve right-of-way. See Diagram 204-12E.
STREET, PRIVATEA strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation, but not intended to be dedicated for public use.
STREET, PUBLICA strip of land, including the entire right-of-way, intended to be dedicated for use as a means of vehicular and pedestrian circulation by the public.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. See Diagram 204-12C.
(1) STRUCTURE, ACCESSORYA structure customarily incidental and subordinate to and detached from the main or principal building or structure on the same lot, the use of which is customarily incidental to that of the principal building or structure on the lot. An accessory structure shall exclude any vehicle as defined by the Pennsylvania Motor Vehicle Code, and cannot be constructed without a principal structure on the property.
(2) STRUCTURE, PRINCIPALThe main, primary, or predominant structure on a given lot, tract, or parcel. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.
(3) STRUCTURE, TEMPORARYA structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.
SWIMMING POOLAny pool not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than two feet. Agricultural ponds, ornamental ponds and lakes are not included, provided that swimming was not the primary purpose for their construction. See Diagram 204-12C.
TAVERN/BARAn establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns/bars may also serve food.
TESTINGA function involving the examination and assessment of qualities, performances, capabilities, or any combination thereof, of a product, good or material.
THEATER, INDOORAn establishment with a building or portion thereof devoted to the showing of moving pictures or theatrical productions on a commercial basis.
THEATER, OUTDOOR AND DRIVE-INAn establishment upon an open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles, or on outdoor seats.
TRAVEL PLAZAAn establishment where a range of services and goods to professional drivers and the general public are congregated, such as fuel sales, vehicle service, overnight accommodations and restaurants.
TREATMENT CENTERA use (other than a prison or a hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:
(1) Criminal rehabilitation, such as a criminal halfway house;
(2) Current addition to alcohol or a controlled substance that was used in an illegal manner; and/or
(3) A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.
TOWNSHIPThe Township of North Middleton, Cumberland County, Pennsylvania, Board of Supervisors, its agents or authorized representatives.
TRUCK DROP LOTAn establishment providing for the temporary parking and transient storage of trucks and/or related truck-trailers used in cargo and freight transportation.
TURBINE HEIGHTThe distance measured from the highest point of the wind turbine rotor plane to the ground level.
USEThe specific purpose or activity for which land, structures, or buildings are designed, arranged, or intended or for which land, structures, or buildings are occupied or maintained.
(1) USE, ACCESSORYA use customarily incidental and subordinate to the principal use or the principal structure or building and located on the same lot with such principal use or principal structure or building. If no principal use or principal structure or building exists on a lot with a lawful accessory use, then such accessory use shall only be considered a principal use, if the use would otherwise be allowed as a permitted principal use in the zone, and which shall then be subject to provisions in this chapter relating to principal uses. The accessory use cannot not exceed 75% of the gross area square footage of the principal use on the property.
(2) USE, PRINCIPALThe main, primary, or predominant use of any lot or parcel of land.
(3) USE, TEMPORARYA use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
USE AND OCCUPANCY PERMITA permit issued by the Zoning Officer certifying a use's compliance with information reflected on the zoning permit and this chapter.
VARIANCEA modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the Act.
VEHICLE, MOTORA vehicle which is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power, and governed by the Pennsylvania Vehicle Code.
VEHICLE, COMMERCIALA large motor vehicle or a combination of vehicles having a gross vehicle weight rating or gross combination weight rating in excess of 26,000 pounds primarily designed to carry cargo or freight including goods, products, supplies, and equipment. For purposes of this definition, the gross vehicle weight rating shall be the value specified on the Federal Weight Certification label by the manufacturer as the loaded weight of a single vehicle and the gross combination weight rating shall be the value specified by the manufacturer as the load weight of a combination.
VETERINARIAN'S OFFICEAn establishment used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits, and birds or fowl. No outdoor boarding of animals is permitted.
WAREHOUSING, DISTRIBUTION AND WHOLESALINGAn establishment engaged in the bulk storage and distribution of cargo or freight including manufactured goods, products, supplies, and equipment. Wholesaling of goods, products, supplies, and equipment shall not be open to or accessible by the general public, unless incidental to the principal warehousing operation.
WASTEGarbage, refuse and other discarded materials, including but not limited to solid, semisolid, contained gaseous and liquid materials resulting from municipal, industrial, institutional, commercial, agricultural, residential and other activities. Such wastes shall also include biological excrement and hazardous waste materials, as defined in the Code of Federal Regulations, Title 40, Chapter
1, Part 261, dated July 1, 1984, or as amended. "Waste" shall expressly include those materials defined, at any given time, as "waste" by the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency. For the purposes of this chapter, the difference between "waste" and "junk" or "recyclables" is that "waste" shall include materials that have entered a reasonably continuous process by which their ultimate disposal is imminent; whereas "junk" includes materials that may be stored for longer periods of time awaiting potential reuse or ultimate disposal; and whereas "recyclables" include materials that have entered a reasonably continuous process whereby their reuse is imminent.
WATERCOURSEA permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.
WATERSHEDAll the land from which water drains into a particular watercourse.
WETLANDSThose areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. (The term includes but is not limited to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and a wetland area designated by a river basin commission. This definition is used by the United States Environmental Protection Agency and the United States Army Corps of Engineers.)
WHOLESALEAny distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.
WIND CHARGERA wind-driven direct-current generator used for charging storage batteries.
WIND ENERGY CONSERVATION SYSTEM (WECS)A device such as a wind charger, wind turbine or windmill and/or other electric-generation facility whose main purpose is to convert wind power into another form of energy such as electricity or heat, consisting of one or more wind turbine and other structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND TURBINEA device 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.
WIND TURBINE TOWERThe vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
WINDMILLA device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.
WINDOWAn opening to the outside other than a door which provides all or part of the required natural light, natural ventilation, or both, to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.
YARDAn unoccupied and unobstructed open space between the permitted structures and the lot line. See Diagram 204-12E.
(1) YARD, FRONTThe yard area extending across the full width of the lot contained between the principal structure and the front lot line or street line (excluding alleys), measured perpendicular to the structure at the closest point to the front lot line. Corner lots, including multiple-frontage lots, shall have two front yards.
(2) YARD, REARThe yard area extending across the full width of the lot contained between the principal structure and the rear lot line, which may include street lines created by alleys, measured perpendicular to the structure at the closest point to the rear lot line.
(3) YARD, SIDEThe yard area(s) extending from the front yard to the rear yard contained between a principal structure and any side lot line(s), measured perpendicular to the structure at the closest point to the nearest side lot line.
ZONINGThe designation of specified zone districts within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and buildings, and other stipulated requirements.
ZONING CERTIFICATE OF USE AND OCCUPANCYA statement signed by the Zoning Officer, setting forth that a building, structure, or use legally complies with this chapter, other applicable codes and regulations and the zoning permit.
ZONING OFFICERThe duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.
ZONING PERMITA document signed by a Zoning Officer, as required in this chapter, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building, that acknowledges that such use, structure or building complies with the provisions of this chapter or authorized variance therefrom.