A structure or use clearly and customarily subordinate to and on the same lot as the principal building and used exclusively for purposes constituting an accessory use, including, but not limited to, the following: private garages, barns and utility sheds; and excludes signs, antennas, communications towers, communications facilities, telecommunications equipment buildings, co-location/shared-use communications facilities, and power-mounted/shared-use communications facilities.

Out-of-home care, for part of a twenty-four-hour day, for three or more persons aged 18 or older, who are not related to the operator.

A bona fide farming operation, the primary purpose of which is the production of agricultural products, including, but not limited to, crops, fruits, Christmas trees, forestry, vegetables, ornamental or flowering plants, dairy, livestock, poultry, swine, and all other forms of agricultural products having a domestic or foreign market. When performed on the farm, "agriculture," "agricultural," and "farming" also include the marketing and selling of agricultural products, feed mills, seed sales, and farm machinery sales and services, agritourism, aquacultural crops, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm. Included with this definition is the operation, equipment operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation. Also included is an enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting, and preparation for market or use of agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with technological development within the agricultural industry.

As applied to a building or structure, a change or rearrangement in the structural parts; in the existing facilities; or the enlargement, whether by extending a side or by increasing the height; or the moving from one location to another.

The area of a lot or site shall be calculated from dimensions derived by horizontal projection of the site.

See "scrap yard."

A business, licensed by the commonwealth, that sells alcoholic beverages for consumption on the premises as the principal use and that may also offer food for consumption on the premises as an accessory use.

A portion of a building located partly underground but having less than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

A paved or unpaved pathway located within an easement or dedicated right-of-way used for walking or traveling by bicycle or on foot for exercise or recreation.

The Zoning Hearing Board of the Township of Potter, or the Potter Township Zoning Hearing Board, as appropriate.

See definition of "rooming/boarding house."

The Board of Supervisors of the Township of Potter, Beaver County, Pennsylvania.

See "screen planting" under the definition of "screening."

Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals or property.

The vertical distance from the average elevation at grade level to the highest point of the deck of a flat roof or a mansard roof or the mean height between the eaves and the ridge for gable, hip and gambrel roofs.

The imaginary line parallel to or concentric with the nearest road right-of-way line as being the nearest point that a building may be constructed to the front lot line. No portion of a building foundation or wall may extend nearer the lot line than the required front yard depth.

Anything built, constructed or erected which requires location on the ground or attachment to something located on the ground, including, but not limited to, billboards, dwellings, buildings, communication towers, communication antennas, garages, fences, mobile homes, motels, signs and walls.

Any business activity that renders service to other commercial or industrial enterprises.

Includes establishments primarily involved in the production, synthesis, formation, processing, refining, manufacturing, and/or distribution of chemical products, for other than retail sales on site (including all chemical manufacturing in NAICS Subsection 325).

A triangular area of unobstructed vision on corner lots formed by a one-hundred-foot sight line along the center line of a secondary or primary road, by a seventy-five-foot sight line along the center line of a local street, and by a line joining these two sight lines at the greatest distance from their intersection.

A health care facility engaged in providing services for health maintenance and treatment of mental or physical conditions, but excluding methadone treatment facilities.

An establishment operated by an organization for social, recreational, educational and fraternal purposes but open only to members and their guests and not the general public.

See "planned unit development."

Engaging in a business, enterprise, activity or other undertaking for a profit.

A commercial indoor facility which offers various recreational opportunities for its patrons, including such activities as dance halls, indoor concerts, fitness centers, psychic readings, and video and various games.

The legally appointed Planning Commission of the Township or the Potter Township Planning Commission.

Includes any studies, investigations, operations, improvements, or other activities undertaken at the site of a proposed regulated industry pertaining to the construction, placement, erection, or establishment of the same, including, but not limited to, surveys, soil and other environmental tests, clearing and grading, pouring footers or pads, placing building materials or equipment at the site, locating or constructing buildings, structures, or other improvements, or any other similar activities.

A retail business with primary emphasis on quick purchases from a limited variety of consumable goods, typically gasoline, snacks, food and related sundries, of up to 5,000 square feet in building size. These are usually located along high-traffic roads and have extended business hours, with most products consumed off the premises.

The remodeling of a single-family dwelling unit into two or more separate living units, each having a minimum of 500 square feet of habitable area, one bathroom and two habitable rooms, one of which must be a bedroom, separate and private, sanitary, cooking and dining facilities and a minimum of one off-street parking space per dwelling unit. Basement and/or cellar dwellings shall not be defined as conversion apartments.

The County of Beaver, Pennsylvania.

This use is separated into three categories. If there is a question relative to its classification, the state licensing shall determine same. They are as follows:

The Pennsylvania Department of Environmental Protection.

A place providing service to the occupants of automobiles, usually without requiring the occupants to leave the automobile. Such service includes banking and serving food or drink to the occupants.

Any building or portion thereof which is designed for or used for residential purposes. The word "dwelling" shall not include hotels, motels, or other structures used for transient residence.

A building or portion thereof designed for or occupied by three or more families living independently of each other (separate housekeeping, cooking and sanitary facilities).

A building designed for or occupied by one family only.

A building designed for or occupied by two families living independently of each other; also known as a "duplex."

Multifamily dwelling developments restricted to residents who are handicapped, as defined by federal law, or who are aged 55 and older. Such restriction must be duly certified; and if the development reverts to a general population, it will be considered a change of use, which must conform to this chapter.

Includes any stand-alone plant not ancillary to another land use which is intended for the commercial generation of electric power to be primarily distributed to the public for compensation. This definition shall not apply to an agricultural farm, residence, business, or other facility where the sale of the electricity so produced is secondary to on-site consumption. For the purpose of this chapter, generating facilities that qualify under this definition are segmented into the following two categories:

Includes built, constructed, reconstructed, moved upon, or any physical operations on the land required for the building. Excavation, fill, drainage and the like shall be considered part of the erection.

The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety, or general welfare, excluding communications towers and communications antennas, as defined herein.

The permission or approval granted by the Zoning Hearing Board in situations where the provisions therefor are determined by the terms of this chapter.

See "day care for children."

The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the center line of common walls separating buildings.

Includes any establishment whose primary purpose is the wholesale or retail distribution, storage, mixing, or transfer of flammable or combustible liquids, gases, or solids, received or transferred by truck, train, tank vessel, pipelines, tank car, piping, portable tanks or containers, or other method, including propane, methane, ethanol, gasoline, kerosene, oil, coal, and other fuels. This definition shall not include filling stations used solely for distribution to individual consumers; nor shall it include fuel stored at or on an agricultural farm, residence, business, or other facility where use of the fuel stored is limited primarily to on-site consumption (NAICS 424710 and 424720).

An accessory building or part of a principal building used only for the storage of private motor vehicles and other personal effects of the occupants of the principal structure.

A building or structure where motor vehicles can be temporarily stored or parked.

A building or part thereof used for the repair of motor vehicles for remuneration but not used for the dismantling or scrapping of motor vehicles.

The comprehensive, long-range plan for the desirable use of land in the Township, the purpose of such plan being, among other things, to serve as a guide for the zoning and progressive rezoning of land to meet changing community needs, in the subdividing and use of undeveloped land for such public purposes as streets, parks, schools and other public buildings.

A facility to provide for the shelter, food and care of nonhandicapped persons, which may also provide some combination of personal care, social or counseling services.

An industrial use that has significant potential impacts on the environment or adjacent uses, including but not limited to vibrations, noise, emissions, illumination, hazards and odors on property encompassing 50 or greater surface acres.

The height of a building shall be measured from the mean level of the ground at the front of the building to a point on the roof. Chimneys, spires, towers, tanks and similar projections shall not be included in calculating the height.

Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital or any similar use shall not be deemed to be a home occupation. See also "no-impact home-based business."

Any establishment where human patients are examined and treated by doctors or dentists and may reside temporarily, and licensed as a hospital by the State of Pennsylvania.

An establishment that offers transient overnight lodging accommodations, including extended stays, to the general public and that also may provide additional supporting services such as restaurants, meeting rooms, recreation facilities and living quarters for a resident manager or proprietor.

A domesticated animal that is normally or can generally be kept within the immediate living quarters of a residential structure.

See "scrap."

See "scrap yard."

A disposal facility or part of a disposal facility where waste is placed in the land with the intent of permanent disposal thereby, and not otherwise regulated by this chapter.

The area required to accommodate one truck in a space 12 feet wide, 15 feet high and 45 feet long, exclusive of access and turning area.

A tract or parcel of land held in single or separate ownership, that is described by reference to a recorded plat or by metes or bounds, and is intended as a unit for transfer of ownership, use, improvement, dedication or for development.

The horizontal surface area within the lines of the lot.

A lot, abutting two or more streets at their intersection, on which the building line for all streets must be observed.

The ratio of ground area covered by principal and accessory structures to the total ground area of the lot.

The mean horizontal distance between the front lot line and rear lot line.

A lot other than a corner lot.

The line contiguous with the street right-of-way line.

The line, generally parallel to the front lot line, which defines the rear of the lot.

Any lot line which is not a front lot line or a rear lot line.

The last recording of a lot in the office of the Recorder of Deeds of Beaver County prior to the adoption of this chapter.

The total horizontal distance across the lot, between the side lot lines, measured at the building line.

The processing and fabrication of any article, substance or commodity. For the purpose of this chapter, two types of manufacturing are recognized: light manufacturing and heavy manufacturing.

Includes the processing of paper, pulp, or paperboard; the manufacture or processing of chemicals; the processing of petroleum products; leather tanning; stone, clay or glass products; the primary metals industry; the manufacture, repair, or rehabilitation of heavy equipment; the manufacture of motors and railroad equipment; and similar activities which would use heavy equipment; any activity which uses heavy presses, drop forges or is engaged in forging or foundry work.

Any manufacturing not classified as heavy manufacturing. (See also "manufacturing.")

A facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.

The removal of any naturally occurring substance from the land, excluding the removal of sand, gravel, building stone or coal from the surface or subsurface in accordance with the rules and regulations of the PA DEP. Such substances include, but are not limited to, petroleum in any form, natural gas, or other gaseous substances. Such substances do not include timber or surface or subsurface water.

A portable dwelling unit designed and built to be towed on its own chassis, connected to utilities, and occupied on a year-round basis. The unit may contain parts that collapse, fold, telescope or otherwise permit continued mobility; however, these characteristics shall not categorize it as a sectional or modular home. Two portable units designed and built to be towed on their own separate chassis and permanently combined on site to form a single, immobile dwelling unit shall be regarded as a single-family detached dwelling.

See "hotels and motels."

Refers to both physical facilities, such as parking lots or drives, as well as the maintenance of Township or state roads. When it refers to a physical facility, it shall require, at a minimum, the facility to be covered by at least four inches of rolled and compacted crushed aggregate. If it refers to roads, it shall mean the obligation of trucking, logging, mining, or similar operations to keep the public roads they use in a clean, mud-free condition. This will require daily cleaning of all affected roads on an as-needed basis.

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, or pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

There are three separate types of nonconformity recognized by the Pennsylvania Municipalities Planning Code, and these are listed below. The nonconforming status is granted only to the use, lot, or structure legally existing at the date of the adoption of this chapter, a previous Township Zoning Ordinance, or any amendment thereto which created the nonconformity. Nonconformity shall not be extended to additional property subsequently acquired.

An institution licensed by the commonwealth for the care of human patients requiring skilled nursing or intermediate nursing care, but not including facilities for major surgery or care or treatment of drug or alcohol addiction.

A statement signed by the Zoning Enforcement Officer setting forth either that a building or structure complies with this chapter or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.

Any area arranged, designed, used or intended for use for the parking of five or more motor vehicles.

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

For purposes of this chapter, off-street parking and loading areas shall be defined as follows:

A level, surfaced area directly adjacent to a principal building, at finished grade, and not covered by a permanent roof.

Any use of land and/or building(s) in a district so identified, which is in conformity with the provisions of this chapter.

A premises in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for up to six 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.

Any commercial establishment providing services pertaining to the person, his apparel or personal effects commonly carried on or about the person, and including automatic teller machines (excluding drive-in facilities), shoe repair, tailoring, and clothes cleaning on the premises of wearing apparel brought to the establishment by the customer.

A large-scale project constructed by a single owner or group of owners acting jointly and involving a related group of uses planned, developed and regulated as an entity. Such developments are compactly arranged individual and multifamily dwelling units grouped in or around common open spaces, together with public and semipublic uses and noncommercial recreational facilities, provided they are functionally integrated so that the character of the development conforms to the purpose and intent of this chapter. Such developments shall include the necessary covenants or other legal provisions and financial programs as will assure conformity to and achievement of the general development plan. Definitions to be used in the regulation of planned unit development include:

The Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.[1]

The Planning Commission of Potter Township, Beaver County, Pennsylvania.

A permanently covered entrance to a building.

That use or purpose for which a building, structure, and/or land, or major portion thereof, is designed, arranged, or intended, or for which it may be occupied or maintained under this chapter. The use of any minor portion of the building or structure or other building, structure and/or land on the same lot and incident, subordinate, or supplementary thereto and permitted under this chapter shall be considered an accessory use.

An establishment operated by a private organization for social, recreational, professional, educational, fraternal or sororal purposes, which is open only to members and their guests and not to the general public.

Any office or establishment providing specialized services to the community in the commonly recognized professions (education, engineering, law, medicine, philosophy, science, theology), the arts (architecture, drama, music, painting, photography, writing), and similar activities (insurance, real estate, etc.).

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

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

Any or all work needed to remake or rebuild all or a part of any identified historic resource to a sound condition, but not necessarily of original materials.

A vehicle which:

A commercial enterprise for the pursuit of sports and recreational activities conducted partially or entirely indoors, including, but not limited to: tennis or racquet clubs, indoor fields, gymnasiums, ice rinks, roller skating rinks, bowling alleys, billiard parlors, video arcades, theaters (live and motion picture), dance halls and similar facilities.

A commercial enterprise for the pursuit of sports and recreational activities conducted partially or entirely outdoors, including, but not limited to: parks, playgrounds, playing fields, golf or batting practice facilities, miniature golf, ice rinks, tennis courts, swimming pools and similar facilities.

Developed or undeveloped open spaces and/or structures and facilities which are provided by individuals or private organizations for the use of specified individuals or groups of individuals sharing common relationships or associations for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.

An establishment licensed by the commonwealth where orders are placed by customers for food and beverages which may be served and consumed on premises (where seating and facilities are provided) or off premises.

Any commercial establishment offering goods, merchandise or other items for sale at retail to the consumer or general public, and including bake shops and candy shops where foods are prepared for sale on the premises.

A dwelling unit, other than a hotel/motel, or part thereof, in which lodging* and meals* are provided for compensation. [*A rooming house provides for lodging only.]

See "scrap yards."

A place of more than 200 square feet where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for use of salvaged house wrecking and structural steel materials and equipment, but excluding such uses when conducted entirely within a completely enclosed building when for the sale, purchase or storage of salvaged machinery, used furniture and household equipment, and the processing of used, discarded or salvaged material as part of manufacturing operations. This includes the storage and keeping of scrap metals or for the dismantling, demolition or abandonment of automobiles, motorized vehicles, machinery or parts thereof and any worn, cast-off or discarded article or material which has been collected or held for sale, resale, salvage or conversion to some other use. Regulations as to junk- or scrap yards shall not apply to a secondary operation conducted within the confines of an industrial complex.

Unless otherwise defined in this chapter, "screening" shall mean a fence, screen planting or wall at least six feet high, provided in such a way that it will block a line of sight. "Screen planting" shall mean an area, at least 10 feet wide, planted with evergreen bushes, hedges, or trees at least four feet high at planting and at least six feet high at maturity. Such screening shall be maintained by the property owner and dead screening plants replaced on an annual basis.

A place of retail business engaged primarily in the sale of motor fuels, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performing of minor automotive maintenance and repair; and the supplying of other incidental customer services and products.

The agency/individual appointed by Potter Township, Beaver County, Pennsylvania.

The line defining the edge of the legal width of a dedicated street right-of-way. The street line is also the front lot line.

Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, in addition to buildings, billboards, carports, porches, swimming pools, and other building features, but not including sidewalks, walls, drives, fences, and porches without a roof or enclosed sides.

The vertical height measured from the elevation of the curb to the highest point of the coping of a flat roof, or to the deckline of a mansard roof, or to the average height of a gabled roof.

A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.

Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground, and on-ground swimming pools, hot tubs, and spas, but excludes farm ponds and similar impoundments.

Any use or structure that is intended either on a seasonal basis, during the time of construction activities and/or completion of an approved development, or for any other period of time that is six months or less in cumulative duration, including, but not limited to: tents, air-supported structures, bleachers, portable bandstands, reviewing stands, mobile office units, construction trailers, vender trailers (food, clothes, drinks, flowers, etc.), model homes or sales offices and similar uses or structures.

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from another unit by a common wall. Each dwelling unit has a recorded lot in addition to private open space or a vested interest in the common open space.

The Township of Potter, Beaver County, Pennsylvania.

The Engineer so designated by the Potter Township Board of Supervisors.

Camping and recreational equipment shall include travel trailers, pickup coaches, motorized homes, boats and boat trailers, as defined below:

The Uniform Construction Code of Pennsylvania.

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Within the framework of this chapter, utilities shall include public water or public sanitary sewer facilities only.

Relief granted by the Zoning Hearing Board, upon appeal in specific cases, from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of this chapter of the Code of the Township of Potter will result in unnecessary hardship, so that the intent of this chapter will be observed and substantial justice done. A variance applies to that particular piece of property for which it is granted and only to the modification of the land development standards. It does not apply to the modification of the permitted uses within the district.

A building, or part thereof, used for the servicing and repair of motor vehicles, including engine overhaul, body work, tire repair, and where all storage of parts and dismantled vehicles and all repair work are conducted entirely inside a completely enclosed building.

A required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the grade lot upward; provided, however, that fences and walls may be permitted in any yard, subject to height limitations as indicated herein.

An open, unoccupied space across the full width of the lot, extending from the front line of the building to the front property line of the lot.

An open, unoccupied space across the full width of the lot, extending from the rear line of the building to the rear property line of the lot.

An open, unoccupied space extending from the front yard to the rear yard line between a building and the nearest side of the lot.

The Official Zoning Map or Maps of Potter Township which are part of this chapter, together with all amendments subsequently adopted.

The Zoning Officer or his/her authorized representative, appointed by the Township Board of Supervisors.

A statement signed by the Zoning Officer indicating that the application for permission to construct or alter is approved and in accordance with the requirements and terms of this chapter.