As used in this chapter, the all terms shall have the meanings indicated:
100-YEAR FLOODA flood that, on the average, is likely to occur every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
ABANDONEDThe visible or otherwise apparent discontinuance of a nonconforming use of a building or premises or the removal of the characteristic equipment or furnishing used in the performance of a nonconforming use without its replacement by similar equipment or furnishings or the replacement of the nonconforming use or structure.
ACCESS DRIVEAn improved cartway designed and constructed to provide for vehicular movement between a street and any use other than one single-family dwelling unit or farm. A durable, all-weather surface, other than street, which provides vehicular access from a street or public road to a lot, e.g., a driveway.
ACCESSORY USE OR STRUCTUREA use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ADULT ENTERTAINMENT FACILITYA store or other commercial use which offers for retail sale, rent or payment of admission shows, movies, tapes, books, magazines, literature and objects of any explicitly sexual nature, the purchase and possession of which is generally restricted to those over 18 as its main, or predominant, stock-in-trade. This provision shall not be constructed to apply to an establishment when the explicit material offered for sale constitutes only a small fraction of the inventory of the establishment.
AGRICULTURAL-RELATED USESIncludes soil preparation services; crop services; large animal veterinary services; animal services; farm labor management services; farm product warehousing and storage; refrigerated warehousing and storage; interior storage of boats, automobiles, motor homes, airplanes or heavy equipment within barns or accessory farm buildings which were in existence as of the effective date of this chapter; seed and related agricultural supply stores; lawn and garden supply stores and tack shops.
AGRICULTUREThe use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the accessory uses for parking, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agriculture activities.
AISLE, PARKINGA private drive intended principally to provide vehicular access within a vehicular parking compound. Although an aisle provides interior vehicular circulation, its principal function is to provide entrance and exit for individual parking spaces. An aisle may not be used to intersect streets.
ALLEYA strip of land over which there is a right-of-way intended to provide vehicular access to the side and/or rear of properties that front on a street. An alley is not intended for general traffic circulation.
AMENDMENTAny change or revision of the text of this chapter or the Official Zoning Map or Zoning Overlay District Map.
ANIMAL HOSPITALA building used by a veterinarian for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, birds and foul.
APARTMENT COMPLEXA group of two or more buildings occupying a lot in single ownership with each building used by three or more families.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for zoning or land development, including his heirs, successors and assigns.
AUTO WRECKING, JUNK AND SCRAP ESTABLISHMENTSThe use of land and structures for the storage, bailing, sorting, handling, disassembling, purchase or sale of any material which has been used, salvaged, scrapped or reclaimed but is capable of being reused in some form, including metals, fiber, paper, cloth and rags, rubber, rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber, boxes, crates, pipe and pipe fittings, tires, motor vehicles which 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.
AUTOMOBILE SALES AREAAn open space area, other than a street, used for the display, sale or rental of new or used motor vehicles which are in operable condition and where no major repair work is done.
AUTOMOTIVE AND/OR MOTORIZED VEHICLE SERVICE STATIONA building or place of business where gasoline, and possibly oil and greases, batteries, tires and automobile accessories are supplied and dispersed directly to the motor vehicle trade, at retail, and where repair service may be rendered. (See also "garage, repair.")
BASE FLOOD ELEVATIONThe water surface elevation of the flood level that has a 1% or greater chance of occurrence in any given year.
BASEMENTThat portion of a building partly underground but having less than 1/2 of its clear height below the average lot grade. A basement shall be counted as a story for the purpose of height measurement if they vertical distance between the ceiling and the average level of the adjoining ground is more than five feet in height or if it is used for business or dwelling purposes.
BED-AND-BREAKFAST INNA house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
BOARDThe Zoning Hearing Board of Rush Township.
BOUNDARYA line marking the limit, or border, of a lot or district.
BUFFER STRIPA "buffer strip" is an open space of ground containing no man-made structures (except signs as permitted by the sign regulations and fences) which acts as a barrier to noise and visibility. Buffer strips shall be assigned to meet specific dimensions provided under the provisions of this chapter and Chapter
290, Subdivision and Land Development.
BUILDABLE AREAThat portion of a lot bounded by the required front, side and rear yards and/or setbacks.
BUILDINGAny structure or edifice designed or intended for use as an enclosure, a shelter, or for protection of persons, animals or property.
BUILDING AREAThe total area taken on a horizontal plane at the main grade level of the principal building and of all accessory buildings, exclusive of uncovered patios, decks, awnings, terraces, and steps.
BUILDING COVERAGEThat percentage of the plot of land area covered by the principal and accessory buildings (including covered porches, carports and breezeways but excluding open patios).
BUILDING HEIGHTThe vertical distance measured from the average level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
BUILDING LINEA line parallel to the street line located at a distance which is equal to the front yard setback requirement for the district in which the lot is located.
BUILDING SETBACK LINEThe actual line of the building nearest an adjacent right-of-way or street line. This face includes any structure above grade, except steps.
BUILDING, ACCESSORYA detached, subordinate building, not used for habitation, the construction and use of which is customarily incidental and subordinate to that of the principal building, and located on the same lot as that occupied by the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.
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. In the residential district, a dwelling shall be deemed to be a principal building.
CAMPGROUNDA tract or tracts of land, or any portion thereof, used for the purpose of providing a space or spaces for trailers or tents or camping purposes, with or without a fee charged for renting or occupancy of such space.
CAMPS AND CAMPING GROUNDSThe use of land and structures by campers for seasonal, recreational and temporary living purposes in cabins, tents or outdoor recreational vehicles.
CARTWAYThe surface of a street, access drive, driveway, or alley available for vehicular traffic, including travel lanes and parking lanes.
CELLARA story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories or in measuring building height.
CENTER LINEA line running parallel to and equidistant from both sides of a street.
CENTRE COUNTY CONSERVATION DISTRICTThe County Conservation District, created under authority of state law to administer soil and other conservation work within Centre County, with the technical assistance of state and federal agencies.
CHURCHES AND OTHER PLACES OF WORSHIPThe use of land and structures for religious worship, education and related activities; includes chapels, cathedrals, temples, synagogues and the like.
CLUBS, LODGES AND FRATERNAL ORGANIZATIONSThe use of land and structures by a nonprofit group which is not operated for the purpose of trade or business, no part of the earnings of which benefit any individual but which is operated for social and community service activities among group members and their guests.
CLUSTERA grouping together of lots with a minimum perimeter.
COMMERCIAL DAIRYThe use of land and structures for the manufacture and processing of dairy products.
COMMON OPEN SPACEDefined in Section 107 of the Pennsylvania Municipalities Planning Code.
COMMUNITY CENTERThe use of land or structures for social and community service activities which are charitable, educational or religious in nature and are for public rather than for private gain, including recreational programs, counseling services and human service agencies and programs.
CONDITIONAL USEA use permitted in certain districts, as provided in Article
III, which may only be authorized by the Rush Township Board of Supervisors as set forth in this chapter.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, alteration or relocation of a building or structure including the placement of manufactured homes.
CONVENIENCE FOOD STORESmall stores permitted in selected rural and residential districts which retail food and beverages primarily to the immediately surrounding population.
CONVERSION APARTMENTA one-family detached dwelling unit which is converted into a two-family dwelling; provided, however, single-family mobile homes shall not be included in this definition and may not be converted.
COUNTYCentre County, Pennsylvania.
CURB RETURNA curved curb connecting the tangents of two intersecting curbs of streets or driveways.
DAY NURSERYA facility regularly used for the care of five or more young children, whether or not a fee is charged for such care.
DESIGNATED WELL SITEAny existing or potential well site where such well is to be used for the provision of potable water supply and which has been identified by the official water survey, Official Map or other study deemed acceptable by the Township Engineer.
DEVELOPERAny landowner, agent of such landowner, equitable owner, or tenant with the permission of the landowner, for whom subdivision or land development plans are being or have been made.
DEVELOPMENTAny man-made change to improve or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT PLANDefined in Section 107 of the Pennsylvania Municipalities Planning Code.
DISTRICTAll land and watercourses located within designated boundaries on the Official Zoning Map or Zoning Overlay District Map; a zoning district.
DOCKA temporary structure extending into a stream or other body of water for the purpose of securing a boat or boats.
DRIVE-IN COMMERCIAL USEThe use of land and structures in which goods and services are dispensed directly to the patron while in a motor vehicle by any means which eliminates the necessity for the patron to exit the motor vehicle.
DRIVEWAYAn improved cartway designed and constructed to provide vehicular movement between a public street and a tract of land serving one single-family dwelling unit or a farm.
DWELLINGAny building or portion thereof designed and used exclusively for residential occupancy, but not including hospitals, hotels, boardinghouses, rooming and lodging houses, institutional houses, tourist 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.
B. DWELLING, TWO-FAMILY ATTACHEDAn attached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
C. DWELLING, MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and is constructed so that it may be used without a permanent foundation.
D. DWELLING, MULTIFAMILYA building designed for occupancy by three or more families living independently of each other and containing three or more dwelling units. A multifamily housing development shall consist of more than one multifamily dwelling or structure.
E. DWELLING, TOWNHOUSEA single-family dwelling designed for or occupied but not more than one family and which as a portion of one or both of its side walls in common with adjoining dwellings (single-family attached structures). Townhouse buildings or dwellings shall be designed to appear in groups containing no less than three dwelling units. For purposes of this chapter, the provisions in §
290-36 of Chapter
290, Subdivision and Land Development, Block and lot, shall apply where more than one townhouse dwelling is proposed.
ESSENTIAL SERVICESFacilities for the distribution of utility services, including gas, electric, steam, water, sewage, telephone and similar services. Local distribution lines that provide retail essential to individual retail customers that do not require any additional rights-of-way or property of their own are exempted.
EXTENSIONA. An addition to the floor area of an existing structure.
B. An increase in the size of a structure.
C. An increase in that portion of a lot occupied by an existing use.
D. An enlargement of a use or structure.
FACING WALLSA. Walls of a structure opposite to and parallel with one another.
B. Wall lines or wall lines extended of opposite walls intersecting at angles of less than 65°.
FAMILYOne or more persons, related by blood, adoption, 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.
FAMILY CAREThe provision of care in accord with regulations of the appropriate state agency (agencies) for up to three mentally ill, retarded or disabled children or adults or elderly persons in a dwelling unit by a provider who resides in that unit.
FARM HOUSINGA temporary dwelling placed on a property for one farm laborer on which the farm housing is placed (see Section 305.1).
FARM USEThe use of land and structures for one or more of the following: the tilling of land, the raising of crops, fruits and vegetables and the raising and keeping of animals and plants; horticultural uses related to the raising, propagating and selling of trees, shrubs, flowers and other plant materials; forestry uses related to the harvesting of lumber products.
FAST-FOOD RESTAURANTAny establishment whose principal business is the sale of food or beverages with rapid turnover to customers in a ready-to-consume state for consumption either within the building or for carry-out off the premises and whose design or principal method of operation includes the following: Foods and beverages are usually served in disposable or edible containers; it is self-service, with customers expected to clean up after themselves; and menus are posted.
FLICKERA repeating cycle of changing light intensity.
FLOOD AREAThe sum of the gross usable area of all floors of a building measured from the face of the exterior walls. "Retail and service floor area" is that portion of the total floor area relegated to use by the customers and employees to consummate retail sales and services, including display areas for goods, but not including office space or storage areas.
FLOODPLAINA. A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation. Such flooding has a 1% chance of occurring each year (i.e., is likely to occur once every 100 years).
B. An area subject to the unusual and rapid accumulation or runoff of surface waters from any source (see also Chapter
183, Flood Damage Prevention).
FLOODWAYThe designated area of a floodplain as shown on the community's flood boundary and floodway map required to carry and discharge flood waters of a 100-year flood without cumulatively raising the flood elevation more than one foot at any point (see also Chapter
183, Flood Damage Prevention).
FRONTAGEThe continuous horizontal distance shared between a street and an adjoining lot.
GARAGE, PRIVATEAn accessory building designed or used for the storage of not more than four vehicles owned and used by the occupants of the building to which it is necessary.
GARAGE, REPAIRA building used primarily for making major repairs to motor vehicles including overhauling, body work, refinishing and upholstering as well as incidental servicing.
GOVERNING BODYDefined in Section 107 of the Pennsylvania Municipalities Planning Code.
GRADINGThe act of excavating and/or filling land for the purpose of changing natural slope.
GREENHOUSEA partially or fully enclosed structure, permanent or temporary, which is used for the growth of plants.
GROUP HOMEA dwelling unit in which care and residence are provided in accord with regulations of the appropriate state agency (agencies) for more than three and not more than eight nonadjudicated clients who are dependent children or elderly, mentally ill, retarded or disabled adults.
HABITABLE FLOOR AREA/LIVING SPACEAny floor area within a dwelling unit that is usable for living purposes, including area for working, sleeping, eating, cooking and recreation or a combination thereof. Living space shall not include floor area used for storage such as closet, attic or unimproved basement space.
HALFWAY HOUSE/REHABILITATION CENTERA residence or community center in which social and community service activities in accord with regulations of the appropriate state agency (agencies) are provided for resident or nonresident alcoholics, drug addicts, emotionally disturbed adults, former convicts or other adjudicated individuals.
HEIGHTThe vertical distance of a structure measured from the mean level of the ground surrounding the structure to its highest point, regardless of roof design.
HOME OCCUPATIONAn accessory use of a dwelling which is customarily conducted in a dwelling and is incidental to and subordinate to the use of the premise as a dwelling. A home occupation may be the practice of a profession, a craft or an activity conducted by a resident or residents of the dwelling which, while it may be for gainful employment, does not change the character of the residence as a dwelling nor the character of the residential district in which is located.
HOSPITALA business or nonprofit establishment for the diagnosis, treatment and other care of the general public through an organized medical staff which is primarily engaged in providing inpatient care. The establishment shall be licensed by the Pennsylvania Department of Health and have as its mission the provision of acute care medical and nursing services to injured, disabled, pregnant, diseased, sick or mentally ill persons and/or the provision of rehabilitation services for such persons and to provide further services which promote good health and well-being of people.
HUNTING AND FISHING CABINA building used for seasonal and temporary living purposes by persons engaged in hunting, fishing and similar recreational purposes. Also called a "seasonal cottage" or "seasonal dwelling" or "summer cottage."
INDUSTRIAL PARKAn area planned for the integrated design of two or more primary industrial uses and structures on a lot held in single ownership.
INTERSTATE HIGHWAY SYSTEMThat portion of the national system of interstate highways located with the commonwealth as officially designated or as may be hereafter by the State and/or Federal Departments of Transportation.
JUNKAny used or discarded material, including, but not limited to, wastepaper, rags, metal, glass, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvaging, sale or other use or disposition of the same.
JUNKYARDAn area of land, with or without buildings, utilized for the collection, storage, warehousing and/or sale of used and discarded materials which shall include, but not limited to, wastepaper, rags, scrap metal, glass, building materials, house furnishings or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and/or for the sale of parts thereof. A junkyard may exist with or without the actual dismantling, processing salvage, sale or other use or disposition of the above-mentioned items. A junkyard, a defined herein, may also include an automotive dismantling and recycling facility.
LAND DEVELOPMENTA. Any of the following activities:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single, nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.
B. For the purpose of this chapter, the following are excluded from the definition of land development:
(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium,
(2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building,
(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purpose of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park, until plans for the expanded area have been approved by the proper authorities.
LANDOWNERThe legal, beneficial, equitable 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 conditions) a lessee (if he is authorized under the lease to exercise the rights of the landowner), or another person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this chapter.
LIGHT MANUFACTURINGA manufacturing or industrial operation that produces a negligible amount of noise, smoke, odor, dust vibration or glare as a result of operation of the activity.
LIVING SPACEThe portion of the floor area of a dwelling relegated to use for residential purposes but excluding crawl spaces, garages, carports, breezeways, attics or portions thereof with clear ceiling heights of less than five feet, open porches, balconies, terraces and accessory structures.
LOTA tract or parcel of land, established by a plat or otherwise permitted by lay, intended for transfer of ownership, use development or improvement; land which is shown as a separate parcel on records of Centre County.
A. LOT AREAThe area contained within the property lines of individual parcels of land, excluding any area within the street right-of-way, utility right-of-way, drainage easements, watercourses, and ponds.
B. 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, of the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at the interior angle of less than 135°.
C. LOT, DEPTHThe mean horizontal distance between the front and rear lot lines.
D. LOT LINESThe property lines bounding the lot.
(3) LOT LINE, SIDEAny lot line other than a front or rear lot line, a side lot line separating a lot from a street is called a side street lot line.
E. LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
LOT OF RECORDAny lot which individually or as part of a subdivision has been recorded in the office of the Centre County Recorder of Deeds.
MACHINE SHOPA workshop, manufacturing plant or industrial facility where work is machined, repaired or rebuilt. For the purposes of this chapter, machine shops shall include, but not be limited to, the following types of operations: automotive engine rebuilding, tool and die making and similar activities.
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles placed on a site for more than 180 consecutive days.
MANUFACTURINGThe act of producing or preparing finished products or goods from raw materials through the repetitious use of an established or set process.
MARKET VALUEThe fair market price of a structure or property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are willing to do business.
MEDIATIONDefined in Section 107 of the Pennsylvania Municipalities Planning Code.
MINERAL EXTRACTION OR SURFACE MINING OPERATIONThe extraction of mineral from the earth or waste or stockpiles of from pits or banks, including, but not limited to, strip, drift, auger and open pit mining, dredging, quarrying, leaching, mountaintop removal, box cutting and activities related thereto.
MINERALSIncludes, but is not limited to, anthracite and bituminous coal, lignite, limestone and dolomite, sand, gravel, rock stone, earth, slag, ore, vermiculite, clay and other mineral resources.
MINING AND QUARRYINGThe use of land for the purpose of extracting rocks and minerals for sale, exclusive of grading a lot preparatory to the construction of a structure for which a zoning permit has been issued.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and is constructed so that it may be used without a permanent foundation.
MOBILE HOME PARKA parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.
MOTELA series of attached or semiattached dwelling structures which are designed to provide sleeping accommodations for automobile transients or overnight guests.
NEW CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration, location or relocation of a building (including mobile homes), structure and/or improvements (such as street utilities, etc.).
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odor or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.
NONCONFORMING LOTDefined in Section 107 of the Pennsylvania Municipalities Planning Code.
NONCONFORMING USEDefined in Section 107 of the Pennsylvania Municipalities Planning Code.
OBSTRUCTIONAny dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge, conduit, culvert, building, wire fence, rock gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse, floodplain or regulatory flood hazard area which may impede, retard or change in the direction of the flow of water or that is placed where the flow of water might carry the same downstream to the damage of life or property.
OCCUPIED BUILDINGA residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when a permit application is submitted.
OFF-SITE SEWER SERVICEA sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.
OFF-STREET LOADING SPACEA space not located within any street right-of-way used by motor vehicles for a temporary storage of trucks and other commercial vehicles while loading and unloading merchandise or materials.
OFFICIAL MAPDefined in Section 107 of the Pennsylvania Municipalities Planning Code.
OFFICIAL ZONING MAPThe map setting forth the boundaries of the zoning districts of this chapter and adopted by the Board of Supervisors of the Township.
ON-SITE SEWER SERVICEThe disposal of sewage by use of septic tanks, or other 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.
OPEN SPACEA space not occupied by a structure, open to the sky and on the same lot with the building or structure.
PARKING BAYA row of parking spaces abutting one another along the length of each space.
PARKING LOTA facility providing off-street parking for five or more motor vehicles.
PARKING SPACEAn off-street space available for the parking of a vehicle. The parking space shall meet the minimum requirements of this chapter.
PERSONAL CARE BOARDING HOMEAny premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for four to eight adults 55 years of age or older who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing or intermediate care facility. Such personal care boarding home shall be licenses by the Department of Human Services of the Commonwealth of Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PLANNED COMMERCIAL/RETAIL DEVELOPMENTAn area of land, controlled by a landowner(s), to be developed as a single entity for a number of retail businesses, the development plan for which does not necessarily correspond in lot size, bulk or type of commercial establishment, density, lot coverage and required open space to the regulations established in the general commercial district.
PLANNED INDUSTRIAL DEVELOPMENTA group of industries planned and developed specifically for the site upon which they are to be built and owned as a suit. The development plan for this type of activity will not necessarily correspond to the lot, yard or open space requirements established for their uses in the industrial district.
PLANNING AGENCYDefined in Section 107 of the Pennsylvania Municipalities Planning Code.
PONDFor purposes of this chapter, a "pond" shall be defined as a water embankment made by construction of a dam or embankment or by excavating a pit or dugout. This definition does not include retention and detention basins/ponds which are governed by soil conservation and for the purpose of stormwater management.
PREMISESAny lot and any structure constructed thereon.
PRIMARY HIGHWAY SYSTEMThat portion of connected main highways located within the commonwealth as officially designated or may be thereafter so designated by the State and/or Federal Department of Transportation.
PRIVATENot publicly owned, operated or controlled.
PRIVATE PARKA park which provides outdoor recreational enjoyment and activity for members of the organization which owns the facility or to the general public or a fee basis. A private park may also include buildings and accessory structures.
PUBLICOwned, operated or controlled by a governmental unit or a governmental agency.
PUBLIC HEARINGDefined in Section 107 of the Pennsylvania Municipalities Planning Code.
PUBLIC NOTICENotice published once each week for two consecutive weeks in a newspaper of general circulation in the Township. Such notice shall state the date, time and place of the hearing and the particular nature of the matter to be considered. The first publication shall be not more than 30 days nor less than 14 days from the date of the hearing and the second publication shall be not less than seven days prior to the hearing date.
PUBLIC SEWAGE SYSTEMA system designed to treat the sewage wastes of more than one structure and which discharges the resultant outflow into a stream or other body of water. Such a system must be designed in accordance with DEP standards and permitted by the Bureau of Water Quality of the Department of Environmental Protection. These systems shall include Township treatment facilities as well as package treatment plans installed by private developer.
PUBLIC UTILITY FACILITYFor the purpose of this chapter, electric substations, automatic telephone exchanges, micro-relay stations and the like (but excluding public sewer and water facilities and radio and television transmitters and towers) and any other public utility corporation when exempted from the provisions of this chapter by state law.
RACETRACKA commercial establishment for the racing of animals or motor vehicles.
RECREATIONAL VEHICLEA vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreation, camping, travel or seasonal use.
RIDING STABLE AND ACADEMYAn establishment where horses are kept for riding or driving or are stabled for compensation as part of a club, association, ranch or similar establishment.
RIGHT-OF-WAYLand reserved for use as a street, alley, crosswalk, utilities, or other public or private use.
RUNOFFThe surface water discharge or rate of discharge of a given watershed after a fall of rain, snow or other form of precipitation that does not enter the soil but runs off the surface of the land.
RUSH TOWNSHIP COMPREHENSIVE PLANA comprehensive inventory of existing facilities, services, land uses, etc., for Rush Township, Centre County, and a detailed analysis of the community's future needs and its projected goals and objectives.
SCHOOLAny place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or lawfully constituted ecclesiastical governing body, person, partnership or corporation meeting the requirements of the Commonwealth of Pennsylvania.
SCREENINGThe provision of a barrier to visibility, glare and noise between adjacent properties composed of plant materials such as trees or shrubs which shall be of such species as will produce within three years a visual screen of least six feet in height. However, such plantings shall adhere to §
290-44 of Chapter
290, Subdivision and Land Development, and shall be broken at points of vehicular or pedestrian access or utility easements.
SEASONAL COTTAGE; SEASONAL DWELLINGA single-family detached dwelling used for seasonal and temporary living purposes during any season by persons engaged in recreational pursuits. Also called a "summer cottage" or "hunting and fishing cabin." Permanent structures or mobile homes intended to be utilized only periodically during the year. Such use may include occupancy during hunting and fishing seasons, vacation uses, weekend uses and other similar periodic visits. Such use may not include occupancy for more than 90 consecutive days or a total of more than 180 days in each year.
SELF-SERVICE STORAGE FACILITYAny structure designed and used for the purpose of renting or leasing storage space to occupants who are to have access to such for the purpose of storing and removing said property.
SHADOW FLICKERThe on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
SHOPPING CENTERA group of two or more primary uses or structures used for retail sales and service occupying a lot in single ownership.
SIGNAny surface, fabric, device or structure bearing lettering or pictorial or sculpture matter designed for visual communication or information and used for the purpose of bringing the subject thereof to the attention of the public, not including any flag, badge or insignia of a government.
SMALL ANIMAL VETERINARY HOSPITALA facility for the care and treatment of household pets and other small animals and which is climate controlled, served by public sewer and water and which has no exterior or outside kennels or runs.
SMALL WIND ENERGY SYSTEMA wind energy conversion system which has a rated capacity of up to 100 kilowatts which is incidental and subordinate to a permitted use on the same parcel. 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 upon 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.
STEEP SLOPELand whose slope (surfaces at an angle to the plane of the horizon) is 25% or more (a vertical difference of 25 feet or more per 100 feet or horizontal difference).
STORMWATER MANAGEMENT FACILITIESThose controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration systems, swales, watercourses, and floodplains) used to effect a stormwater management system.
STREETA strip of land over which there is a public or private right-of-way intended to serve principally as a means of vehicular access to, and frontage for, abutting properties, as well as general traffic circulation. Streets are further classified as follows:
A. LOCAL STREETA street that provides access solely to abutting properties and is designed to discourage through traffic. Local street directs local traffic to the collector and arterial street network. These include streets within residential development.
B. CUL-DE-SAC STREETA street that intersects another street at one end and terminates at the other end by a vehicular turnaround.
C. PRIVATE STREETA street that is not dedicated or was not accepted for public use and maintenance, primarily serving a limited number of lots which do not have direct access to a public road.
D. COLLECTOR STREETA street that is an inter-neighborhood and intra-Township roadway. A collector street serves feeder routes to an arterial system for the local street system. A collector street forms the backbone for the neighborhood street system.
E. MINOR ARTERIAL STREETA street that augments the expressway and major arterial street system in the region. A minor arterial street provides access to major shopping and employment centers in the region, with access points less controlled than found on a major arterial street.
F. MAJOR ARTERIAL STREETA street that transports high volumes of traffic at relatively high rates of speed. A major arterial street facilitates traffic over long distances within the region. Access points are controlled, but not restricted.
STREET LINE (RIGHT-OF-WAY LINE)A line defining the edge of a street right-of-way and separating the street from abutting properties or lots. The street line shall be the same as the legal right-of-way line.
STRUCTUREAny man-made object having an ascertainable stationary location or in land or water which may or may not be affixed to the land.
SUBDIVISIONThe division or redivision of a lot, tract, or parcel of land by any means into one, two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, or lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building, or lot development; provided, however, that the subdivision by lease of land or agricultural purposes into parcels of more than then 10 acres, not involving any new streets or easements of access or residential dwelling, shall be exempted.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the 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 purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
SUBSTANTIALLY COMPLETEDWhere, in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SUMMER COTTAGEA single-family detached dwelling used for seasonal and temporary living purposes during any season by persons engaged in recreational pursuits. Also known as "seasonal cottage," "seasonal dwelling" or "hunting and fishing cabin."
TELECOMMUNICATION FACILITYA telecommunication facility consists of equipment, buildings and structures involved in transmitting and receiving electromagnetic waves.
TEMPORARY USE OR STRUCTUREA use or structure permitted for a fixed period of time with the obligation and intent to discontinue the use, or dismantle the structure, at the end of such time. Such uses do not involve the construction or alteration of any permanent structure.
THEATER FOR THE PERFORMING ARTSThe use of land and structures which may contain an assembly hall and studios with or without stage, which may be equipped with curtains and permanent stage scenery or with mechanical equipment adaptable, but not limited to, the showing of plays, operas, performances, spectacles and similar forms of live or audio visual entertainment and for instruction in the performing arts.
TOURIST HOMEA single-family dwelling in which overnight accommodations are provided as offered for transient guests for compensation and where the provider of accommodations resides in the dwelling.
TOWERA monopole, freestanding, or guyed structure that supports a wind generator.
TOWERAny ground-mounted structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers or monopole towers; and includes radio and television transmission towers, microwave towers, common-carrier towers, and cellular telephone towers. The term includes the structure and any support thereto. Not included are towers and supportive structures on residential dwellings for private noncommercial, amateur purposes, including but not limited to ham radios and citizens band radios that are regulated by the regulations in each respective residential district.
TOWER HEIGHTThe height above grade of a fixed portion of the tower, excluding the wind turbine and blades.
TRUCK TERMINAL or FREIGHT STATIONA structure or group of structures owned and/or operated by trucking firm(s) intended to be used for loading, unloading, storage and/or transfer of truck-transported goods, including truck maintenance and fueling facilities.
USEThe specific purpose of which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use. The term "primary use" is the principal use of a lot or structure. The term "accessory use" is the use of land which is customarily incidental; and inferior, secondary and subordinate to the primary use and located on the same lot with such unless specifically permitted elsewhere herein.
VARIANCEA modification of the literal provisions of this chapter which the Zoning Hearing Board is permitted, but is not obligated, to grant the strict enforcement would cause undue hardship to an individual property owner. (See 53 P.S. § 10910.2 for additional details and criteria to be utilized when a variance is requested.)
VISITORS' CENTERThe use of the land and structure or part thereof which is open to the general public and designed for the dissemination of information. Such information may include, but shall not be limited to, exhibits, maps, brochures, pamphlets and similar items.
WETLANDSThose areas that are inundated or saturated by surface or groundwater 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. Wetlands generally include swamps, marshes, bogs and similar acres.
WIND ENERGY SYSTEMA wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries and/or other component necessary to fully utilize the wind generator.
WIND GENERATOREquipment that converts energy from the wind into electricity. Includes the rotor, blades, and associated mechanical and electrical conversion components necessary to generate, store, and/or transfer energy.
WINTER SPORTS AREAAn establishment or facility providing outdoor recreation during the winter such as skiing, sledding and skating.
YARDAn open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted. (Reasonable plantings shall not be considered an obstruction hereunder.)
A. YARD, FRONTAn open space which lies between the principal building or group of buildings and the front lot lines, unoccupied and unobstructed from the ground upward.
B. YARD, REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
C. YARD, SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
ZONING MAPThe Official Zoning Map of Rush Township, together with all references, notations and amendments which may subsequently be adopted. Said map is made a part of this chapter in § 335-2-3.
ZONING OFFICERThe administrative officer charged with the duty of enforcing the provisions of this chapter.
ZONING PERMITA permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements of this chapter for the district in which it is to be located.