See "base flood."

Areas of contiguous or adjoining lots that share a common lot line, except not including lots entirely separated by a street, public alley open to traffic, or a perennial waterway. See definition of "adjacent."

A structure serving a purpose customarily incidental to and subordinate to the use of the principal use and located on the same lot as the principal use. Accessory structures include, but are not limited to, a household garage, household storage shed, detached carport, a household swimming pool, or an accessory storage building to a business use. An "accessory building" is any accessory structure that meets the definition of a "building." A portion of a principal building used for an accessory use shall not be considered an accessory building.

Unless otherwise specifically assigned, a use on the same lot with and customarily incidental to any permitted principal use within the zoning district that the subject lot is located.

Two or more lots that share a common lot line or that are separated only by a street or waterway from each other.

This use shall include only the following:

1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit, as defined in 3 Pa.C.S.A. § 503.

A residential complex in accordance with the requirements of § 27-313 and Part 4.

The management and use of farming resources for the production of crops, livestock or poultry as defined in 3 Pa.C.S.A. § 27-503.

Any agricultural-oriented commercial uses accessory to an Agriculture Operation, including but not limited to agritourism activities like tree farms, agritourism, pumpkin patches, corn mazes, petting and feeding zoos, hayrides, orchards, and gardens. This use does not include any use specifically assigned within the same zoning district.

The practice of visiting an agribusiness or agricultural operation for the purpose of recreation, education, purchase, or involvement in the operation. These operations include those that are for-profit and those that are provided free of charge.

A public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Premises in which animal feed or grain intended for livestock is stored or packaged for shipment and in which animal feeds may be prepared.

A building routinely used for the treatment, housing or boarding of animals. A "large animal hospital" includes treatment of all types of animals including horses, cows, and pigs.

A building routinely used for the treatment, housing or boarding of animals. A "small animal hospital" involves treatment of only small domestic animals typically seen at veterinarian offices, including, but not limited to, dogs, cats, rabbits, birds, or fowl.

Any non-exotic animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter.

An exterior device or apparatus designed for cellular, digital, telephone, radio, pager, commercial mobile radio, television, microwave, or any other wireless communications through sending and/or receiving of electromagnetic waves including, without limitation, omnidirectional or whip antennas and directional or panel antennas. Unless otherwise stated, this term shall not include "standard antenna."

The vertical distance from the base of the antenna support structure at grade to the highest point of the structure, including any antennas attached thereto or forming a part thereof. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

A device, partially or wholly exterior to a building, which is used for receiving television or radio signals for use on-site, or for transmitting short-wave or citizens band radio signals. See also "commercial communications antenna."

If a residential land use is not specifically assigned herein or within the Zoning Ordinances, as amended, of Lower Nazareth Township and Chapman Borough, it is categorized as "Any Other Residential Land Use Not Assigned Otherwise" and shall comply with the regulations specified within this chapter, as amended.

The definition in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, shall apply.

A commercial area or structure involving indoor or outdoor space for exhibits, meetings, live performances, or sports events, but not a use that meets the definition of an "indoor movie theater, adult use," or "sit-down restaurant."

A facility that does not meet the definition of an auto service/repair station, which provides automobile-related services such as applying paint protectors, interior and exterior cleaning and polishing as well as installation of after-market accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar items.

The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts.

A building and/or land where work is conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries, brakes, tires, belts and similar accessories, and safety and emission inspections. This use may include any activities as defined under "auto detailing shop."

A building or area, other than a street, used for the outdoor or indoor display, sale, or rental of one or more of the following: motor vehicles, recreation vehicles, boat trailers, farm equipment, motorcycles, trucks, utility trailers, construction vehicles or boats in an operable condition, or transportable mobilehomes in a livable condition. This use may include an "auto/truck/body collision/repair center" as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobilehome park or a junkyard.

A building and/or land where repairs and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service/repair station." An "auto/truck/body collision/repair center" shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding, or rebuilding of transmissions. This use may also include any use described in the definition of "auto service/repair station."

An establishment that produces and sells baked goods such as, but not limited to, bread, cakes, doughnuts, pies, cookies, and pastries.

A government regulated, chartered establishment for the custody, loan, exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds.

A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood" or 1% annual chance flood).

The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (CFS).

The elevation shown on the Flood Insurance Rate Map and all such successors (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

An enclosed level of a building that is not a "story" and that is partly underground.

An operation in which a minimum of two and a maximum of 10 rooms, all without cooking facilities, are rented to guests on a daily basis in which breakfast may be served to the guests by the proprietor of the facility.

A mound or ridge of landscaped earth designed to act as a screen, buffer, or any similar purpose.

A place used for lawful gambling activities, including, but not limited to, off-track pari-mutual betting and any use of electronic gambling devices. This term shall not regulate state lottery sales or lawful "small games of chance."

For all related activities as defined and regulated by Chapter 47, § 102 of the Pennsylvania Liquor Code, as amended.

A type of off-premises sign. See Part 7.

The explosion of dynamite, black powder, fuse, blasting cap, detonators, electric squibs, or other explosives.

A residential use in which: (1) room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation; or (2) a dwelling unit includes greater than the permitted maximum number of unrelated persons. A boarding house shall not include a use that meets the definition of a hotel, dormitory, motel, life care center, personal care center, bed and breakfast inn, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents but shall not include a restaurant open to the public unless the use also meets the requirements for a restaurant. A boarding house shall primarily serve persons residing on-site for five or more consecutive days.

A facility which holds a license to manufacture, store and distribute brewed or malt beverages and which may include a brewery pub or tap room, as regulated by Chapter 47, the Pennsylvania Liquor Code, as amended.

A strip of land that (1) separates one use from another use or feature; and (2) is not occupied by any building, parking, outdoor storage, or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 27-803.

Any structure having a permanent roof and walls and that is intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment, or materials and that has a total area under roof of greater than 50 cubic feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure." Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.

The percentage obtained by dividing the total horizontal area covered by all buildings on a lot by the total lot area of a lot. For the purposes of this definition, building coverage shall include all buildings that are under a roof.

The vertical area of a particular side of a building, but not including the area of any slanted roof.

The vertical distance from the average of the finished ground level adjoining a building at all exterior walls to the average height of the highest roof surface. The finished ground level shall not slope away from a building wall in such a manner that it is not possible to position a ladder for fire rescue.

The horizontal measurement between two vertical structural walls that are generally parallel of one building, measured in one direction that is most closely parallel to the required lot width. For attached housing, this width shall be the width of each dwelling unit, measured from the center of each interior party wall and from the outside of any exterior wall. For detached buildings, this width shall be measured from the outside of exterior walls.

A building used for the conduct of the principal use of a lot, and which is not an accessory building.

Any premises for the non-permanent parking of motor driven buses, and/or taxis with the associated loading and unloading of passengers.

Facilities consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide service which includes video programming, and which is provided to multiple subscribers within the Township; but such term does not include:

A development under single ownership of the land where tents and/or recreational vehicle sites are temporarily situated for transient visitors to the area, and which may include associated recreational facilities.

A building designed or used primarily for the washing, waxing, and drying of automobiles. This use may include the use of automatic, hand washing, and/or manual automobile washing modules.

A licensed care facility as identified in accordance with applicable criteria of the Pennsylvania Department of Human Services or its successor in which adults who are not related to the operator receive care for time periods of less than 24 hours.

A licensed care facility as identified in accordance with applicable criteria of the Pennsylvania Department of Human Services or its successor in which children who are not related to the operator receive childcare for time periods of less than 24 hours.

The paved portion of a street designed for vehicular traffic and on-street parking, but not including the shoulder of the street.

An industrial structure, installation, plant, or building primarily engaged in manufacturing Portland, natural, masonry, pozzolanic, and other hydraulic cements, and typically identified by NAICS Code 327310.

A line equidistant from and parallel to the existing rights-of-way lines on each side of the street.

A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

That water which is flowing within the limits of a defined channel.

Any outdoor receptacle made of metal, steel, or a similar product, designed with a door, slot, or other opening that is intended to accept and store donated items such as books, clothing or other nonperishable goods and materials. Charitable donation collection bins shall not exceed 20 square feet and seven feet in height.

A logging method that removes all trees or the vast majority of trees from a mostly wooded area.

The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals (or other transmissions developed in the future) for communications purposes.

A structure, partially or wholly exterior to a building, used for transmitting or re-transmitting electronic signals through the air, and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to re-transmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antenna. See standards in § 27-402. This term shall not include a "standard antenna."

The temporary or seasonal storage of harvested materials.

The TD6 Village Mixed Use Zoning District.

A type of "commercial recreation" use that: (1) does not meet the definition of Commercial Outdoor Recreation; and (2) is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting cages, and similar uses. This term shall not include any use defined herein.

A type of "commercial recreation" use that: (1) has a total building coverage of less than 15%; and (2) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park, outdoor ice skating and similar uses. This term shall not include any use listed and defined separately as a land use by this chapter, as amended.

A building having stalls or compartments where horses are sheltered and fed.

For profit or not-for-profit business activity, including, but not limited to, retail sales, offices, personal services, auto sales, auto/truck/body collision/repair centers, and other uses of a similar profit-making nonindustrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.

The Communications Act of 1934,[1] as amended as of the time of enactment of this Part.

The controlled processing of vegetative material to allow it to biologically decompose under controlled anaerobic or aerobic conditions to yield a humus-like product.

The Nazareth Area Comprehensive Plan as adopted by the Board of Supervisors of the Township, as may be amended.

A Concentrated Animal Operation (CAO) with greater than 300 AEUs, any agricultural operation with greater than 1,000 AEUs, or any agricultural operation defined as a large CAFO under 40 CFR 122.23(b)(4), as amended.

An agricultural operation with eight or more animal equivalent units [AEUs] where the animal density exceeds two AEUs per acre on an annualized basis.

A use permitted in a particular Zoning District by the Board of Supervisors pursuant to the provisions associated with Conditional Use review and approval as contained and referenced as part of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.

A set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq., or Uniform Planned Community Act of 1996, 68 Pa.C.S.A. § 5101 et seq., as amended.

A legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property-owners, lessees, and all other users of the land.

A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.

Adjacent parcels of land, including parcels separated by a waterbody or road.

An enclosed structure used for conducting business affairs and internal storage, which may also include a Storage Yard as accessory to the principal building.

An establishment that is designed and stocked to sell primarily food, beverages, and general household supplies to customers.

A retail store designed and stocked to sell primarily food, beverages, and general household supplies to customers, and includes the sale and pumping of gasoline and/or accessory electric vehicle charging stations.

Development that is not approved under the increased density development provisions of this chapter, as amended. (Note this type of development typically does not involve the preservation of significant open space.)

An establishment for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, carpentry, sculpture, pottery, leathercraft, hand-woven articles, and related items by artisans and/or craftsmen.

A facility accessory to a funeral home or mortuary containing properly installed, certified equipment intended for reducing deceased humans or animals to ashes by burning (cremation).

A building and/or land open to the public which contains exhibits of clearly artistic or cultural interest, such as a museum, art gallery or indoor nature study area. This shall not include uses that are primarily operating for profit.

A process provided in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., which authorizes certain types of challenges to a zoning ordinance.

An establishment that provides care, protection, and supervision for children and/or adults on a regular basis away from their primary residence for less than 24 hours per day.

The total number of dwelling units proposed on a lot divided by the "lot area," unless otherwise stated.

The Pennsylvania Department of Environmental Protection and its relevant bureaus.

A building that is surrounded on all sides by open yards and that is not attached to any other building.

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

The diameter of a tree trunk measured at a point four feet above ground level.

An enclosed facility used for the storage of merchandise or commodities for a short period of time, not to exceed 30 days, with additional operations such as cross-docking, order fulfillment, returned goods processing, packaging, repackaging, and labeling. This use may include the use of automated storage and retrieval systems.

An enclosed facility used for the storage of merchandise or commodities for a short period of time, not to exceed 30 days, with additional operations such as order fulfillment, returned goods processing, packaging, repackaging, and labeling, but which does not include cross-docking or operations commonly referred to as "just-in-time" delivery.

A land area within the Township within which certain uniform regulations and requirements apply under the provisions of this chapter, as amended.

Any physical activity which results in the modification of topography by cutting or filling, stripping of topsoil, and/or placing of physical structures or improvements thereon.

A building used as living quarters for the exclusive use of bona-fide full-time faculty or students at an accredited Post-Secondary School or Primary and Secondary School, and which is owned by such a school.

An imaginary circular line on the soil around a tree that mirrors the circumference of the tree's canopy. The tree's roots usually extend well beyond this line.

An accessory commercial facility which provides or dispenses products or services through an attendant, window or automated machine to persons remaining in motorized vehicles that are in a designated stacking lane.

An outdoor area devoted primarily to the showing of movies to patrons seated in motor vehicles or outdoors.

Any area used for solid waste disposal that does not operate under a valid solid waste permit issued by DEP and that is not a permitted junkyard under this chapter, as amended.

A building, structure, or part thereof, permanently affixed to the ground by a foundation and includes no more than one family. A dwelling does not include a hotel, boarding/rooming house, or other accommodations used for transient occupancy.

The quantity equal to one dwelling.

For the purposes of this chapter, as amended "earthmoving" as defined in applicable DEP regulations (Chapter 102 - Erosion and Sediment Control of 25 Pa. Code of Regulations), and also shall include any one or more of the following activities:

A set of standard parking spaces with electric vehicle charging facilities situated in front of each parking space.

Charging facilities for an electric vehicle, which is located within a residential building or accessory structure on the same lot.

A building for the housing of fire, emergency medical or police equipment and vehicles, and for any related activities. This use may include housing for emergency personnel while on-call.

The highest number of workers (including both part-time and full-time, both compensated and volunteer and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

A use engaged in research and development, testing, assembly, repair, and manufacturing in the following industries: biotechnology, pharmaceuticals, medical instruments or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Any office, warehousing, wholesaling, and distribution of finished products produced on-site are allowed as part of this use.

Municipal or utility facilities that do not require enclosure in a building which are necessary for the public health and safety and which are routine, customary and appropriate to the character of the area in which proposed, including such facilities as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms, police call boxes, traffic signals, hydrants, and other similar equipment. Building, sewage treatment plants, solid waste disposal facilities, utility company offices, storage of trucks or equipment and bulk storage, commercial communication towers, and any commercial commutations devices and/or facilities not specifically regulated by the Pennsylvania Public Utility Commission shall not be considered essential services.

An individual, or two or more persons related by blood, marriage, adoption or foster childcare, including domestic employees or gratuitous guests thereof; or a group of not more than three unrelated persons living together without supervision in a dwelling unit, or not more than 12 persons living together in a group living arrangement with supervision, provided that the group living arrangement meets all of the following criteria:

Items sold at a farmers' market from a producer. Farm products shall include, but are not limited to, agricultural products such as fruits, vegetables, mushrooms, herbs, nuts, eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese, and other dairy products), and seafood.

A retail sales use operated by a governmental agency, a nonprofit organization, or one or more producers that primarily sells farm products and value-added farm products directly to consumers. Farmers' markets can include indoor and outdoor display and sales. A farmers' market may be a principal or accessory use of a site.

A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl, or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a "wall."

Material 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.

An establishment for the custody, loan, exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds, but does not otherwise meet the definition of a bank.

A temporary inundation of normally dry land areas.

The Official Map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

See definitions of this term and related terms in the Township floodplain regulations.[2]

A flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot.

The total floor space within a building(s) measured from the exterior faces of exterior walls or from the center lines of walls separating buildings. Floor area shall specifically include, but not be limited to: (1) fully enclosed porches and (2) basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least 6.5 feet. Floor area shall not include unenclosed structures.

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. This term shall not apply to Christmas tree farms.

The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character.

A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus.

The mean curb level, unless otherwise noted. When a curb level has not been established, grade shall mean the average finished ground elevation adjoining the buildings.

A person who enjoys a nonexclusive privilege to occupy or use a public right-of-way to provide nonexempt service under this chapter and who is in continuous compliance with this chapter.

Establishments, not exceeding 10,000 gross square feet, where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care, personal care, and prescription pharmaceutical products.

Unless otherwise defined and/or regulated by the Commonwealth of Pennsylvania, a "group home" shall be defined as the use of any lawful dwelling unit which meets all of the following criteria:

Where a dwelling unit is fit for human occupancy and is free of serious defects that might pose a risk to one's health and safety. Any dwelling unit that fails to provide heat, hot water, and/or plumbing shall not be considered habitable.

A product or waste, or combination of substances that because of the quantity, concentration, physical or infectious characteristics, if not properly treated, stored, transported, used or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into ground water resources and the subsurface environment which includes the soil and all subsequent materials located below. Such hazardous substances include, but are not limited to, materials which are included on the latest edition of one or more of the following lists:

Hazardous substances included on the list of "Extremely Hazardous Substances" in 29 Code of Federal Regulations, Part 355, or its successor provisions and that are stored or used in quantities above the threshold reportable limits in such regulations.

See "building height." To measure the height of any structure that is not a building, it shall be the total vertical distance from the average elevation of the proposed ground level to the highest point of a structure. For height of signs, see Part 7 entitled "Signs."

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Any structure that is:

A facility, not exceeding 10,000 gross square feet, engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, paint and glass, housewares and household appliances, garden supplies, and cutlery.

A use conducted entirely within or administered from a dwelling or its accessory building that does not meet the criteria of a no-impact or a low-impact home-based business, and that is clearly incidental and secondary to the principal residential use. A dwelling that fulfills the regulations of this chapter, as amended, and only receives business mail at the address and does not involve the conduct of any other nonresidential use shall not be considered a home occupation or a home office and shall not by itself require a permit under this chapter, as amended, for such activity.

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 fulfills the regulations of this chapter, as amended, geared toward involving minimal 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.

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling which fulfills the regulations of this chapter, as amended, geared toward involving 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.

A place where bee colonies are kept.

A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 90 days shall be considered a "boarding house" and shall meet the requirements of that use. See also "bed and breakfast" use. A hotel or motel may also include a restaurant, meeting rooms, nightclub, newsstand, amusement arcade, gift shop, swim club, exercise facilities, tavern and similar customary accessory amenities, and provided and such use shall only be allowed as a principal use of the property if such use is allowed by the applicable district regulations.

The residing of an individual overnight in a dwelling unit or living quarters.

Unless otherwise defined by the Upper Nazareth Township Municipal Code, the percentage that results from dividing the land area on a lot covered by all "impervious surfaces" by the total land area of the lot. For a townhouse development, the maximum impervious coverage may be measured as a maximum for the entire development after completion, after the deletion of street rights-of-way (or cartway where a street right-of-way where not exist), as opposed to regulating each individual townhouse lot. For major subdivisions that include public roadways, sidewalks, public recreation facilities, and other public improvements, the maximum allowable coverage ratios apply to the individual lot.

Unless otherwise defined by the Upper Nazareth Township Municipal Code, any man-made surface that prevents or limits water soaking into the ground.

An optional type of residential development that involves the permanent preservation of preserved open space, and that places dwellings on the most suitable portions of a tract, on lots that are typically smaller than would otherwise be allowed with conventional development. See § 27-311.

Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles stored outside of a completely enclosed building and which covers over 200 square feet of land area. Examples of junk include scrap metal, used furniture, used appliances, used motor vehicle parts, worn-out machinery and equipment, used containers and scrap building materials. Junk shall not include: (1) solid waste temporarily stored in an appropriate container that is routinely awaiting imminent collection and proper disposal; (2) toxic substances; (3) yard waste or tree trunks; (4) items clearly awaiting imminent recycling at an appropriate location; (5) building materials awaiting imminent use at an ongoing building; or (6) "clean fill" as defined by state environmental regulations.

Includes any vehicle or trailer that meets any of the following conditions:

The keeping of, breeding and/or raising of dogs or cats in accordance with the provisions of the Commonwealth of Pennsylvania Department of Agriculture. A nonprofit animal shelter is a type of kennel.

Any change of the land surface including removing vegetative cover, excavating, filling, grading, and the construction of any structure. An agricultural activity such as the planting, growing, cultivating, and harvesting of crops is exempt from this definition.

The owner of a legal or equitable interest in land, including the holder of a written, signed, and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner) or authorized officers of a partnership or corporation that is a "landowner."

Illumination that passes from the source through a translucent cover or shade.

The raising and keeping of livestock, poultry, or insects beyond the number and type allowed under the "keeping of pets" section of this chapter, as amended,[4] but at an intensity less than eight animal equivalent units (AEUs) and where the animal density does not exceed two AEUs per acre on an annualized basis.

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

The horizontal land area contained within the lot lines of a lot (measured in acres or square feet). For the purposes of determining compliance with the minimum lot area, the following shall be excluded:

The property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the lot line shall be considered to be the street right-of-way line that will exist at the time of completion of a subdivision or development.

The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall.

A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a "corner lot" if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135 degrees.

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built for inhabitation.

Any facility involving: (1) processes resulting in the generation of hazardous waste products at a scale permitted as a large quantity generator (LQG) or any future equivalent adopted metric in accordance with the Pennsylvania Department of Environmental Protection; and/or (2) the production of raw materials into refined materials by mechanical or chemical transformation; and/or (3) manufacturing processes that do not meet the definition of light industry. Heavy industry includes, but is not limited to, steel production, coke production, oil and gas production and refining, ethylene production, cracking of ethane or propane, gravel and limestone mining, pharmaceuticals, motor vehicle assembly, aerospace manufacturing, and shipbuilding.

Any facility involving: (1) generally unobtrusive processes resulting in the generation of hazardous waste products at a scale no greater than permitted as a small quantity generator (SQG) or any future equivalent adopted metric in accordance with the Pennsylvania Department of Environmental Protection; and/or (2) the manufacturing of small finished goods, by which less potential exists for air, water, soil, noise, and light pollution than with heavy industry. Light industry includes, but is not limited to, culinary production kitchens, the manufacture or processing of: food and beverage products, electronic devices, precision instruments, household appliances, machine tools, optical goods, personal care products, non-toxic commercial products, wood and paper products, home and office furnishings, printed materials, ceramics, glass products, jewelry and personal accessories, apparel, lightweight non-ferrous metal casts and dies, light sheet metal products, film, games and toys, and plastic goods.

Any building or structure used to grow medical marijuana by a licensed grower/processor that has a current and valid license from the Commonwealth of Pennsylvania.

An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business:

The removal from the surface or beneath the surface of the land of bulk mineral resources. This use also includes accessory stockpiling and processing of mineral resources. "Mineral extraction" includes, but is not limited to, the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale, and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction. This definition is intended to be consistent with and include the definition of "surface mining" provided in Section 3 of the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S. § 3303.

The replacement of existing materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit way requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring, mechanical or other work affecting public health or general safety.

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobilehome lots for the placement thereon of mobilehomes.

An automobile, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle, or similar means of transportation designed to operate carry persons or cargo on roads and that is powered by mechanized means.

Any buildings or facilities owned and/or operated by the municipality, which do not meet the definitions of "public utility facility" or "essential services."

The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as reenacted and amended.

Structures for which the start of construction commenced on or after the effective start date of this section and includes any subsequent improvements to such structures. Any construction started before the effective start date of this chapter, as amended, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

All non-tower wireless communications facilities, including but not limited to, antennas and related equipment. Non-tower CCF shall not include support structures for antennas and related equipment.

A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated but was lawfully in existence prior to the effective date of this chapter, or amendments hereinafter enacted.

A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendment(s). Such nonconforming structures include, but are not limited to, signs.

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use.

A business or an institution, licensed by the Commonwealth of Pennsylvania, for the care of human patients requiring skilled or intermediate nursing care as defined in Chapter 201, Section 201.3, of the Pennsylvania Code, Applicability, Definitions, Ownership, and General Operation of Long-Term Care Nursing Facilities, but not including facilities for care and treatment of drug or alcohol addiction.

Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or other matter in, along, across, or projecting into any channel, watercourse, or floodplain, 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 that is placed where the flow of water might carry the same downstream to cause damage to life or property.

A facility operated by one or more physicians, dentists, chiropractors, or other licensed practitioners of the healing practices for the examination and treatment of persons solely on an outpatient basis. Medical and dental offices do not include veterinary services or animal hospitals.

A use that involves activities including, but not limited to, administrative, clerical, financial, governmental, or professional services and/or operations.

An area of land or water, or a combination of land and water on a parcel of land that is free of improvement and impervious surfaces.

A parcel or parcels of land within a tract which meets all of the following standards:

The Upper Nazareth Township Zoning Ordinance, including the Official Zoning Map, as amended.

The display and/or storage of goods for sale on-site by the nonresidential principal use.

The outdoor storage of domestic items incidental to the function of the principal residential use, including but not limited to building materials used for home improvement, lawn-care machinery, firewood, and/or compost piles.

The outdoor storage of operable, motorized vehicles, whether for sale or not, for a period greater than 72 consecutive hours and not located on the driveway of the principal use.

The Commonwealth of Pennsylvania.

An accessory facility that contains service windows for mailing packages and letters, post office boxes, offices, and sorting and distribution facilities for correspondence.

Off-street parking and aisles for vehicle movement unless otherwise stated.

The Pennsylvania Department of Transportation, or its successor, and its subparts.

Allowed uses in which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of this chapter, as amended. A "nonconforming use" shall not be considered to be a permitted by right use, a special exception use or a conditional use.

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility, or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

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 activities of daily living or instrumental activities of daily living. This use shall not meet the definition of "treatment center."

An establishment that provides a service oriented to personal needs to the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include, but are not limited to, barber and beauty shops, shoe repair shops, tattoo parlors, household appliance repair shops, and other similar establishments.

Any 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.

Oil or petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.

The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits, and other animals commonly sold in retail pet shops.

An establishment engaged in the retail sale of prescription drugs, nonprescription medicine, cosmetics, and related supplies.

A land use where people congregate for religious or cultural activities, entertainment, or meetings.

A land use for religious activities taking place in buildings, synagogues, churches, religious retreats, monasteries, seminaries, and shrines used primarily for religious and/or spiritual worship and that are operated for non-profit and noncommercial purposes.

A structure for which construction or substantial improvement occurred on or after the community's Flood Insurance Rate Map (FIRM) in effect.

A structure for which construction or substantial improvement occurred before the community's Flood Insurance Rate Map (FIRM) in effect.

A "principal structure" which is also a "building."

The structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.

A dominant use(s) or main use on a lot, as opposed to an accessory use.

A correctional institution within which persons are confined based upon criminal court actions or as the result of a criminal arrest.

The person or entity that: (1) raises or produces farm products on the land that the person or entity farms and owns, rents, or leases; or (2) a person or entity that creates (by cooking, canning, baking, preserving, roasting, etc.) value-added farm products.

See "lot lines."

A lot(s) that is approved to permit a higher density than would otherwise be permitted as a condition of the restriction of development on sending property.

A lot(s) or portion of a lot that is restricted by a conservation easement or farmland preservation easement as a condition of approval of a higher density on the "receiving property" than would otherwise be permitted.

Notice required by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. (See definition in § 107 of such law, 53 P.S. § 10107.)

Parks, swimming pools, playgrounds, tennis courts, and other recreational facilities owned and operated by a municipality, county, school district, state, or federal government.

Any natural or artificially produced substance which emits radiation spontaneously.

A vehicle defined as such by Pennsylvania Motor Vehicle Code, as amended.[5]

A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling other than routine sorting, baling, and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclables and their customary collection, which is a permitted by right accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted by right accessory use to a public or private primary or secondary school, a place of worship, a municipal-owned use or an emergency services station.

The base flood elevation (BFE) or estimated flood elevation as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.

An entity, such as a business, corporation, partnership, or limited liability company, is a "related entity" of another entity if either entity controls the other entity, or the two entities are under common control. For this purpose, control includes direct or indirect ownership of most of the interests in the entity.

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

Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.

A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, basketball backboard, household swimming pool, gazebo, storage shed, greenhouse, children's playhouse or children's play equipment. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.

For the purposes of distinguishing residential and nonresidential districts in this chapter, as amended, TD1, TD2, TD4, and TD6 shall be considered residential zoning districts.

A restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold.

A structure which is maintained, operated, or advertised or held out to the public as a place where food, beverage, or desserts are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises.

An 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 sit-down restaurant may include the sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a "tavern" must be met as defined herein.

A use within a building no greater than 3,000 square feet of gross floor area in which non-food related merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service/repair station, auto/truck/body collision/repair center, convenience store or any restaurant defined herein.

An area or strip of land which is reserved for use by or as a street or by one or more utilities or by the public or by others. The term "right-of-way" by itself shall mean the street right-of-way, unless another meaning is otherwise stated or clearly implied from the context in which it is used.

Facilities used for the sales, rental, and/or storing of industrial equipment, heavy machinery, and construction-related equipment.

An accredited or licensed educational institution recognized by the Pennsylvania Department of Education, having regular sessions with employed instructors, and providing general education above the level of the secondary school.

A public or private academic institution offering instruction at the elementary, junior, and/or senior high school levels in the branches of learning and study required by the Pennsylvania Department of Education.

Year-round plant material of substantial height and density designed to provide a buffer.

A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.

Any telecommunications service, cable service, video programming service, information service, utility service (including, but not limited to, electric, gas, water, or steam service), or other form of service provided by means of facilities located in the right-of-way.

A line separating a "yard" from the area within which a building or use is allowed.

Sanitary sewage service to a building by a Township-approved sewage collection and disposal system that serves five or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.

Sanitary sewage service to a building that does not meet the definition of central sewage service, such as but not limited to, an individual on-lot septic system.

Central sanitary sewage service by a system owned and/or operated by a municipality or a municipal authority.

An area required to be kept free of certain visual obstructions to traffic.

See Part 7.

The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.

This term shall include one or more of the following activities:

A drawing (to scale) showing uses and structures proposed for a parcel of land as required by the regulations within this chapter, as amended.

The vertical change of an area of land divided by the horizontal change, measured in percent.

Radiant energy (direct, diffuse, and reflected) received from the sun.

Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, for water heating or for electricity.

An area of land or other area used for a solar collection 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. A small 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.

A system, structure, or device accessory to a principal use which is used to collect, store, and distribute energy derived from the sun for the purpose of heating or cooling the interior spaces of buildings or for heating domestic hot water. Small solar energy systems may include, but are not limited to, solar collectors, solar reflectors, heat storage tanks, south facing double glazed window walls, attached south facing greenhouses utilizing double glazing, and architectural overhangs for blocking sunlight on south facing windows.

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. Commercial 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.

Land or structures where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include a junkyard, leaf composting, clean fill or septage or sludge application.

A use permitted in a particular zoning district by the Zoning Hearing Board pursuant to the provisions associated with special exception review and approval as contained and referenced as part of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.

An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary folios, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

The Commonwealth of Pennsylvania and its agencies.

A level of a building routinely accessible to humans having an average vertical clearance from floor to ceiling of 6.5 feet or greater shall be considered a full story, except as follows: If the floor of a basement level is more than six feet below the finished grade level for more than 50% of the total building perimeter, it shall not be regulated as a story. Any level of a building having an average vertical clearance from floor to ceiling of less than 6.5 feet shall be considered a "half-story."

A watercourse, unless otherwise defined by the Township Stormwater Management Ordinance.

A public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms "street," "highway" and "road" have the same meaning and are used interchangeably.

Any man-made object having a stationary location on, below or in land or water, whether or not affixed to the land. Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter. For the purposes of this chapter, utility poles, stormwater basins, wells, and septic systems shall not be considered structures, and shall not be subject to minimum zoning setback requirements unless stated otherwise.

The definition in the Subdivision and Land Development Ordinance, as amended, shall apply.

See Upper Nazareth Township Ordinance 174, as amended.[6]

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" or "repetitive loss" regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this section must comply with all section requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific section requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from section requirements will be the minimum necessary to preserve the historic character and design.

A man-made area, above or below ground, with walls of man-made materials intended to enclose water at least 24 inches deep and that is intended to serve the residents and occasional guests of only one dwelling unit.

Any telecommunications system or integral part thereof of the telecommunications structure.

A business establishment which provides on-site alcoholic beverage sales for drinking on the premises, where food is served, where live entertainment (not including adult entertainment) may also be provided, and where minors are not admitted unless accompanied by a parent or guardian.

The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

Any structure that is used for the purpose of supporting one or more antennas including, but not limited to, self-supporting lattice towers, guy goers and monopoles, utility poles and light poles and hub facilities for distributed antenna systems.

Upper Nazareth Township, Northampton County, Pennsylvania.

The ordinances, as amended, of the Township of Upper Nazareth, Northampton County, Pennsylvania.

The person engaged by the Township to perform engineering services on behalf of the Township.

All real property now or hereafter owned by the Township, whether in fee ownership or other interest.

All construction work performed by the Township or any of its departments, either with its own personnel or under contract, including repair, alteration, replacement, or maintenance of facilities owned, operated, maintained, or controlled by the Township or for which the Township is responsible.

A person involved with building trades, such as, but not limited to, plumbing, electrical work, building construction, building remodeling, and roofing.

Any vehicle which is:

A 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:

A use involving either a single or a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from and reloaded onto tractor-trailer trucks.

Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for tower-based facilities.

The statewide building code adopted by the Pennsylvania General Assembly in 1999, applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

Any motor vehicle or trailer that does not possess a valid registration and does not have a valid state safety inspection. This term shall not apply to vehicles (such as licensed antique cars) for which state regulations do not require an inspection sticker. The term also shall not include motor vehicles displaying a license and inspection stickers that have each expired less than 90 days previously.

The accessory use of a developed lot for the cultivation of food and/or horticultural crops not for sale on-site, which may also include composting, aquaponics, aquaculture and/or hydroponics, and the raising of livestock or poultry.

The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied, or maintained. Uses specifically include, but are not limited to, the following: activity within a structure, activity outside of a structure, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.

A product processed by a producer from a farm product, including, but not limited to, baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flours, coffee, and other beverages, smoked or canned meats or fish, sausages, or prepared foods.

The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter, as amended. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

See "fence."

An enclosed structure used for the storage of merchandise or commodities for an extended period of time, typically over 30 days and which does not include cross-docking operations or retail sales. Office space associated with each warehouse unit may be included.

Water supply service to a building by a Township-approved water supply system that serves 20 or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.

Water supply service to a building that does not meet the definition of central water service, such as, but not limited to, an individual on-lot well.

Central water service by a system owned and/or operated by a municipality or a municipal authority, or by a Public Utility Commission regulated utility company that serves more than 500 lots or dwellings.

Any channel of conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow, unless otherwise defined by the Township Stormwater Management Ordinance.[7]

All the land from which water drains into a particular watercourse.

An area of land and/or water meeting one or more definitions of a "wetland" under federal and/or Pennsylvania law and/or regulations.

An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use.

A noncommercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance buildings.

A facility where one or more windmills are located and are used for the generation of electricity which is used on-site for commercial purposes or which is sold on the open market. A windmill accessory to a principal structure which is sized and intended to be used to generate electricity primarily for the principal structure to which it is accessory shall not be considered a commercial wind farm.

An aggregation of parts including the base, tower, generator, rotor, blades, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy and used as an accessory to a residential use.

A freestanding structure, such as a tower-based CCF or any other support structure that could support the placement or installation of a commercial communications facility.

A plant community where tree species are dominant or co- dominant and the branches of the trees form a complete or nearly complete aerial canopy. Any area, grove or stand of mature or largely mature trees (larger than six inches DBH) covering an area of 1/4 acre or more or consisting of 10 individual trees larger than six inches DBH, shall be considered a woodland. The extent of any woodland shall be measured from the outermost drip line of all the trees in the community.

Land area characterized by modification through agricultural and/or managed woodland activities.

An open area unobstructed from the ground to the sky that is not permitted to be covered by buildings and principal structures and that is on the same lot as the subject structure or use. A minimum yard is also known as a minimum setback. Each required yard shall be measured inward from the abutting "lot line," existing street right-of-way or setback required from a street, whichever is most restrictive. Regulations of each district prohibit principal and accessory structures within the specified minimum yards.

A "yard" measured a distance measured from and running parallel to the front lot line, street right-of-way line or setback required, whichever is most restrictive. Such yard shall extend the full width of the lot from side lot line to side lot line. The front yard shall be on a side that faces towards a public street, whenever one public street abuts the lot. If a lot abuts two streets, the front yard shall be whichever side is the predominant front yard for neighboring properties. If no side is predominant, then the applicant may choose which is the front yard.

A "yard" extending the full width of the lot and which is measured from along the rear line and which establishes the minimum setback for the subject structure, and which stretches between the side lot lines parallel to the rear lot line.

A "yard" which establishes the minimum setback for the closest portion of the subject structure, and which is measured from along the entire length of the side lot line, and which extends from the front setback line to the rear lot line.

A plan required to be submitted to the Township by the applicant under certain provisions of this chapter, as amended. The yield plan shall accurately show the maximum number of dwelling units that would be possible under current Township ordinances, as amended, if certain optional development provisions would not be used, and instead the provisions for conventional development under the current zoning district would be used. A yield plan shall be completed to an accurate scale, including accurately showing the existing feature map information. The yield plan shall show potential lots, streets, and retention/detention pond locations.

The Official Zoning Map of Upper Nazareth Township, Northampton County, Pennsylvania.

The person charged with the duty of enforcing the provisions of this chapter, as amended, and any officially designated assistant.

The Upper Nazareth Township Zoning Ordinance, as amended [Ord. No. 199].