A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.

A subordinate use of a portion of a lot, which is customarily incidental to the main or principal use of the land or of a building on a lot.

See also "adult business." Includes any of the following:

See "sign, advertising."

Any building or structure, whether principal or accessory, the use of which is devoted in whole or in part to an agricultural use. This may include, but not be limited to, the storage of agricultural equipment, produce or products, the housing of livestock or poultry, or the processing of agricultural products. Also includes but is not limited to barns, silos, corncribs, implement sheds and other similar agricultural structures.

See "EAP agricultural lot."

The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry, animal husbandry, poultry farming and dairy farming, excluding kennels and the keeping of animals solely as pets.

A surface comprised of asphalt, bituminous concrete, and/or cementitious concrete or other similar materials that will not render a driveway, parking lot, or loading area unusable because of inclement weather conditions. For purposes of this Part 1, all-weather surfaces are to be considered impervious.

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

A national organization which formulates guidelines and standards. ANSI standards are recognized as authoritative by the FCC.

A permanent structure or facility, or portion of a structure or facility, utilized for the primary purpose of containing manure. Examples include liquid manure structures, manure storage ponds, component reception pits and transfer pipes, containment structures built under confinement buildings, permanent stacking and composting facilities and manure treatment facilities. The term does not include the animal confinement areas or poultry houses, horse stalls, free stall barns or bedded pack animal housing systems.

One thousand pounds' live weight of livestock or fowl, regardless of the actual number of animals comprising the unit.

A mathematical figure representing the number of animal units per acre of land suitable for the application of manure. Suitable land shall involve cropland, hay land or pastureland. Farmstead areas and forest lands are not to be included as lands suitable for application of manure. The number can be represented by a decimal (e.g., 125 animal units/acre, or 1/8 animal units/acre, which is the equivalent of 125 pounds of animals per acre) or whole numbers (e.g., two animal units/acre which is the equivalent of 2,000 pounds of animals per acre of land).

A subdivision of land that does not constitute a building lot on its own and is done for the sole purpose of taking land from one lot to add such land to another lot.

See "telecommunications antenna."

See "telecommunications antenna height."

A structure on a single lot arranged, intended or designed for and occupied as a residence for three or more families and in which the dwelling units may be separated horizontally and/or vertically.

A dwelling unit within an apartment building. An apartment building is a structure on a single lot designed for and occupied as a residence for three or more families and in which the dwelling units may be separated horizontally and/or vertically.

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

A legally established right-of-way which provides the primary vehicular access to a lot, or lots, and which has not been dedicated or deeded to the Township, but has been reviewed and approved by the Board of Supervisors.

The extent of surface contained within the boundaries or extremities of a parcel of land.

See "sign, area of."

A street, road, highway, expressway, etc., which carries substantial through traffic. (Note: As of January 2006, only I-78 and PA Route 183 are "arterial streets.")

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

A single-family detached dwelling and/or its accessory structures which is wholly or partially used for the rental of overnight sleeping accommodations and bathroom access to temporary overnight guests, and to provide meals to overnight guests, employees, and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees of the bed-and-breakfast and their family.

See "signs, off-premises."

The Board of Supervisors of the Township of Upper Tulpehocken, Berks County, Pennsylvania.

A building with not more than six guest rooms where lodging and meals are served for compensation, not including nursing homes or convalescent homes.

A continuous strip of landscaped land which is clear of all buildings and paved areas.

A structure enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed for the enclosure and support of individuals, animals or property of any kind.

The total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions.

The ratio obtained by dividing the maximum horizontal cross-section of all principal and accessory buildings on a lot (including balconies and decks, covered porches, carports, and breezeways, but excluding patios) by the total area of the lot upon which the buildings are located.

The vertical area of a particular side of a building, including the vertical area in front of any slanted roof.

The vertical distance measured from the average elevation of the finished grade at the two front corners of the building to the highest point of the roof. Chimneys, spires, cupolas, antennas and other similar projections shall not be included in calculating the height of a building.

A line within a property defining the minimum distance between any building or structure or portion thereof to be erected or altered, and a street right-of-way or street line (except the right-of-way of a service street). Such line shall be measured at right angles from the street right-of-way line which abuts the property upon which said building or structure is located or to be located and shall be parallel to said right-of-way line. Such setback shall be measured at such a distance therefrom as required herein for the minimum front yard dimension in the particular zoning district. See also "yard."

A permit indicating that proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Township which authorizes an applicant to commence with said construction, alteration or reconstruction.

See "building line or building setback line."

See "sign, business."

Any parcel of land used for the purpose of providing a space or spaces for travel trailers or tents for camping purposes, regardless of whether a fee has been charged for the leasing, renting or occupancy of such space.

The portion of a street or road right-of-way, paved or unpaved, intended for vehicular use. "Cartway" does not include street or road shoulders, whether or not they are paved.

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

A burial ground for human remains, provided all state agency or federal agency regulations and sound environmental practices are satisfied.

A written statement, based on an inspection, signed by the Zoning Officer, setting forth that a building, structure, sign and/or land complies with the Zoning Ordinance, and that a building, structure, sign and/or land may be lawfully employed for a specific use, as provided in this Part 1.

A structure housing an association of persons for some common nonprofit activity, not including groups organized primarily to render a service which is customarily carried on as a business, but including associations registered with the applicable local, state, and federal agencies as a certified nonprofit organization.

The utilization of a proposed or existing structure for telecommunication antennas by more than one carrier.

Parcel or parcels of land or an area of water, or a combination of land and water, within the development site designed and intended for use or enjoyment of all residents of the development in which it is located. Land included within the right-of-way lines of streets shall not be classified as common open space. Common open spaces shall not include required open areas between buildings and between buildings and street rights-of-way, driveways, parking areas and property lines of the development. No dwelling unit, residential accessory buildings or parking areas (except parking specifically intended to serve recreation users) may be located within common open spaces.

A parking facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semidetached dwelling, or one townhouse is located.

See "sanitary sewage system, community."

See "water distribution system, community."

Agricultural operations with eight or more animal units where the animal density exceeds two animal units per acre on an annualized basis.

A site 1/2 acre or larger used by the construction industry which fulfills one or more of several functions: storing and/or maintenance of construction machines and/or vehicles, shipping and receiving of construction materials which may be stored outdoors, a business office, or other common construction industry activity.

A lot abutting two or more intersecting public streets, or at the point of abrupt change of direction of a single street (an interior angle of less than 135°). Any yard adjoining a street shall be designated the front yard and must meet the front yard requirements of the applicable zoning district, and the yard opposite that yard shall meet the side yard requirements of the applicable zoning district. In the case of a building to be placed on a corner lot such that the front of the building will not be parallel to a street line, yards shall be provided so that no portion of the building will be placed closer to a street than the front yard requirement of the applicable zoning district, so that no portion of the rear of the building will be placed closer to a lot line than the rear yard requirement of the applicable zoning district, and so that no portion of a side of the building will be placed closer to a lot line than the side yard requirement of the applicable zoning district.

An enclosure for holding or capturing horses, cattle or other animals; pen.

The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

Any landowner, agent of such landowner, equitable owner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or land development.

Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

See "sign, directional."

A building or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as hospitals, hotels, boarding, rooming, lodging houses, nursing homes, motels and institutional residences are not included in the definition of "dwelling." (See also "apartment building," "mobile home," "single-family detached dwelling," "single-family semidetached dwelling" and "townhouse.")

A building or portion thereof providing one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, and having no cooking or sanitary facilities in common with any other dwelling unit.

A transportable, single-family dwelling intended for permanent occupancy, contained in one chassis unit, or two or more chassis 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 constructed so that it may be used without a permanent foundation.

A tract of land within the EAP Zoning District created by a subdivision after May 1, 1998, meeting the requirements of Chapter 400, Subdivision and Land Development, Part 1, Upper Tulpehocken Township Subdivision and Land Development Regulations, the sole purpose of which is to transfer land to increase the size of a lot where both the EAP parent tract from which the land is taken and the lot to which the land is added will be greater than 25 acres in size after said subdivision (see § 460-33).

As defined in this Part 1, a parcel of land greater than 25 contiguous acres within the EAP Zoning District which was created after May 1, 1998, by an approved subdivision plan meeting Chapter 400, Subdivision and Land Development, Part 1, Upper Tulpehocken Township Subdivision and Land Development Regulations, and this Part 1 which may be used for the production, keeping or maintenance for sale, lease or personal use of plants and animals useful to man, including: mushrooms, forages and soil crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats of any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. Development of an EAP agricultural lot is regulated by § 460-33.

A unit of subdivision/land development which is allocated to an EAP parent tract, or portion thereof, which lies within the EAP Zoning District (see § 460-33). "Unit" shall mean a single-family home or the equivalent.

Contiguous tracts of land deeded either as a single tract or as one deed with multiple purparts prior to May 1, 1998, that are situate within the EAP zoning district and as further defined in § 460-33 of this Part 1. In cases where individually deeded tracts of land are under single ownership, each individually deeded tract will be considered to be its own parent tract.

(See also "EAP development unit.") Single-family dwellings lots within the EAP Zoning District created after May 1, 1998, by an approved subdivision plan meeting Chapter 400, Subdivision and Land Development, Part 1, Upper Tulpehocken Township Subdivision and Land Development Regulations, and this Part 1 and the requirements of Article VI of this Part 1.

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

A resident farm family-owned and operated business related to agriculture, to include small-scale, limited site coverage, agriculturally compatible farmstead occupations conducted commercially within the context of and/or close proximity to farmstead buildings.

A tract of land within the Township where agricultural activities may be conducted subject to the general agricultural and/or the intensive agricultural regulations, as stipulated within this Part 1.

A building or structure in the EAP Zoning District, the building area limited to 1,000 square feet and the building height to 12 feet, in which the display and sale of farm products shall be permitted, provided that at least 50% of the quantity of products for sale have been produced on the property on which they are offered for sale.

A business substantially devoted to serving agricultural-based customers, which can be conducted on a property within the EAP Zoning District. Said businesses must be clearly farm-related and/or clearly designed to provide goods and services to the agricultural community and must meet the EAP Zoning District requirements of § 460-30 within this Part 1.

A commercial food purveyor or restaurant that principally sells food and nonalcoholic beverages in a ready-to-consume state, primarily in disposable containers, in bags, or on trays. The consumer primarily orders and receives the food at an inside or outdoor walk-up window or drive-through service area, without the assistance of a waiter or waitress.

The federal government agency charged with regulating the national airways.

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

The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the base flood elevation more than one foot. For the purposes of this chapter, the term shall include all floodway areas identified in the Flood Insurance Study prepared for the Township by the Federal Insurance Administration, as well as any such additional areas which have been identified in any other federal, state or other acceptable studies, regulations, or other sources of information.

The sum of the gross horizontal areas of every floor of a building measured to the exterior faces of exterior walls and to the center line of party walls, including basement space and roofed porches, roofed breezeways, roofed terraces, roofed garages, carports, and accessory buildings. Cellar area is excluded.

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

See "sign, freestanding."

The line separating a lot from a street or other right-of-way. The front lot line is also the street line.

See "yard, front."

An area of land set aside for animals not traditionally domesticated. As defined in this section, "game preserve" does not include commercial hunting operations.

The level of the ground adjacent to the exterior walls of a building or structure, or to a sign.

An enclosed structure whose roof and sides are made largely of glass or other transparent or translucent material used for the growing, raising or distribution of other plants in exchange for financial remuneration.

See "floor area."

See "sign, height of."

The location or place of egress from or access to a street or highway created by a driveway, minor street or another highway.

The lot dimension measured along the right-of-way line of any street or highway abutting a lot. "Highway frontage" shall be a continuous dimension and not the sum of two or more separate dimensions. Also, "highway frontage" shall be the shortest straight line distance; it shall not be measured on an arc.

An occupation customarily conducted within a dwelling unit. Both professional and nonprofessional home occupations must meet the home occupation regulations as set forth in § 460-88 of this Part 1.

A building or group of buildings containing seven or more individual rooms for rental, primarily for transients, with common hallways for all rooms on the same floor, and where no provision is made for cooking in any individual room or suite. "Hotel" does not include institutional or educational uses and buildings where human beings are housed under legal constraint.

Coverage of the site by materials which cannot be penetrated by water. Included are:

Any type of structure or paved section, excluding driveway, curb, sidewalks, planting strip or barrier to unchanneled motor vehicle entrance or exit.

A line parallel to and set back from a street line. No improvements are permitted between the street line and the improvement setback line.

Includes bars, taverns, discotheques, bowling alleys, video arcades, archery or pistol ranges and movie theaters but shall not include any form of adult business or adult entertainment.

See "agricultural, intensive."

A lot, land or structure, or part thereof, used for the buying, trading, collecting, dismantling, storage and/or sale of scrap or discarded material, including but not limited to scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers and structures, but not including refuse or garbage kept in a proper container for the purpose of prompt disposal.

Any property and/or establishment wherein domesticated pets (and not livestock as defined in this Part 1) are kept, transported to, transported from, or seen by appointment for the purposes of breeding, boarding, grooming, obedience training, sale or show purposes. For the purpose of this definition, the production of more than two litters in any calendar year shall be considered "breeding."

A legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land.

Equine animals, bovine animals, sheep, goats, swine and poultry commonly raised upon farms in Berks County, Pennsylvania. "Livestock" does not include dogs, cats or any type of animals or birds which are normally considered to be exotic or wild animals.

See "club or lodge."

A building with not more than six guest rooms where lodging and meals are served for compensation, not including nursing homes or convalescent homes. (See also "boarding house.")

A tract or parcel of land, regardless of size held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied, or if not occupied, one that is capable of being occupied by buildings, structures and accessory buildings (including such open spaces as are arranged, designed, or required), by meeting the requirements of the Code of Upper Tulpehocken Township. The term lot shall also mean parcel, plot, site, tract, or any similar term.

The land occupied by those structures meeting the definition of "building coverage" within this Part 1 and those structures meeting the definition of "impervious coverage" within this Part 1.

That portion of a lot which fronts on a single street.

A line forming the front, rear or side boundary of a lot. (See also "front lot line" and "rear lot line.")

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

The area of a lot, excluding any portion of said land which is contained within any public or private street right-of-way lines.

The distance between side lot lines, determined by establishing the shortest straight line distance at both the building setback line and the street line. The lot width shall be a continuous dimension and not the sum of two or more separate dimensions. Also, lot width shall be the shortest straight line distance; it shall not be measured on an arc.

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

An individual licensed by the State Board of Massage Therapy to practice massage therapy.

The application of a system of structured touch, pressure, movement, holding and treatment of the soft tissue manifestations of the human body in which the primary intent is to enhance the health and well-being of the client without limitation, except as provided under Pa. Act 118, Massage Therapy Act of 2008.[1] The term includes the external application of water, heat, cold, lubricants or other topical preparations, lymphatic techniques, myofascial release techniques and the use of electromechanical devices which mimic or enhance the action of the massage techniques. The term does not include the diagnosis or treatment of impairment, illness, disease or disability, a medical procedure, a chiropractic manipulation - adjustment, physical therapy mobilization - manual therapy, therapeutic exercise, electrical stimulation, ultrasound or prescription of medicines for which a license to practice medicine, chiropractic, physical therapy, occupational therapy, podiatry or other practice of the healing arts is required.

A place of business where a person or persons engage in or carry on any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating any part of the body with the hands or with the aid of any mechanical apparatus. Person or persons involved in the practice of said massage activities shall be a state-licensed massage therapist or individual meeting the criteria of Section 13 of Pa. Act 118 defined as "other professionals."[2] This definition shall not be construed to include a hospital, nursing home or medical clinic; the office of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the Commonwealth of Pennsylvania; or barber shops or beauty salons in which massages are administered only to the scalp, face, neck and/or shoulders. All activities related to an adult business use shall be prohibited within a massage parlor/massage therapy establishment.

A raising or harvesting of mink for retail or wholesale trade.

See "dwelling, mobile home."

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

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots designed for the permanent placement thereon of mobile homes.

A group of attached or detached buildings containing individual living or sleeping units designed for temporary use by automobile tourists or transients.

A use, proposed by the Township or any another duly constituted municipal body or Authority, which is intended to provide a public benefit.

The Township of Upper Tulpehocken, Berks County, Pennsylvania.

A building, lot, structure or use which does not conform to the regulations of the district in which it is located, either at the time of enactment of this Part 1 or as a result of subsequent amendments thereto, but which lawfully existed prior to the enactment of this Part 1. Nonconforming structures include, but are not limited to, nonconforming signs, nonconforming buildings, and additions to either.

A type of agriculture utilizing land or greenhouses to cultivate flowers, plants, shrubs, trees, and similar vegetation.

See "sewage facilities."

See "water distribution system, on-site."

Ground upon which no principal or accessory buildings or uses are permitted.

A space within a building or on a lot, used for the parking of a motor vehicle.

A wall used or adopted for joint service between two buildings or parts thereof.

The area of a lot which is covered by impervious surfaces (excluding buildings). For purposes of this Part 1, impervious surfaces shall include crushed stone, gravel, shale, or other hard-packed surface used for parking, driveway, or similar activity.

An individual, proprietorship, partnership, corporation, association, or other legal entity.

An establishment primarily engaged in providing services involving the care of a person, such as fitness studio, martial arts studio, health club or massage therapy establishment; or his or her personal goods or apparel, such as dry cleaning, laundromats, linen supply, beauty shop, barbershop, shoe repair and seamstress and tailor shop.

For purposes of this Part 1, any property which contains 1.0 animal units/acre and above, of swine. Piggeries are to be considered an intensive agricultural activity and are only permitted within the EAP Zoning District on lots that are 25 acres or more in size.

A descriptive word to include all improvements, buildings, structures and land on or within a lot.

The main or primary purpose for which any land, structure or building is designed, arranged or intended, and for which they may be occupied or maintained under the terms of this Part 1.

See "sewerage system, private."

A doctor, surgeon, dentist, architect, artist, accountant, insurance agent, real estate broker, teacher, engineer, lawyer, musician, surveyor, landscape architect or land planner.

All assemblies of people gathered for purposes of public entertainment, amusement or recreation, reasonably anticipated to number or which, in fact, numbers more than 300 for a continuous period of two hours or more, 50 or more of whom will assemble outdoors or in structures specially constructed, erected or assembled for the gathering, whether or not an admission fee is charged. A public gathering will not include a Township-sponsored event.

A formal meeting held pursuant to the advertisement of public notice, by either the Board of Supervisors or the Zoning Hearing Board intended to inform and obtain public comment, prior to either Board taking formal action on any application, plan, request for relief, or conditional, or special exception use which has been filed in accordance with this Part 1.

A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84). known as the "Sunshine Act."[3]

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

A public thoroughfare, including a street, road, lane, alley, court or similar terms, which has been dedicated or deeded to the Township and subsequently accepted by the Board of Supervisors.

See "sewerage facilities, public."

See "water distribution system, public."

The lot line which is opposite from the front lot line. The rear line of any triangularly or irregularly shaped lot shall be at least 10 feet long.

See "yard, rear."

Land, buildings and structures used for leisure-time activities including, but not limited to, amusements, theater, arcades, athletic events, amphitheaters, clubs, country clubs, dancing or music halls, studios, golf courses, swimming clubs, skating clubs, riding trails, hiking trails, playgrounds, boating, hunting and fishing.

A restaurant that does not meet the definition of a fast-food facility, where the majority of the food is consumed within the restaurant at tables.

The total width of any land reserved or dedicated as a street, road, lane, alley, crosswalk or for public or private uses.

A land site approved and permitted by both the PA DEP and the Township and on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards or nuisances.

Vegetative material, fencing, and/or other materials which have been planted or constructed to screen the buildings, structures and uses on the lot on which the screen is located, from the view of people on adjoining properties.

A business primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government and other enterprises.

A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties, which is not the primary means of access to the properties.

A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.

A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance to another site for final disposal. The term includes:

A privately owned and operated system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste.

A publicly owned and operated system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste.

(See also "adult business" and "adult establishment.") An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

A unified grouping of retail and service businesses contained on a site, owned, operated, or managed by a single entity.

See "yard, side."

An area at the intersection of two or more public or private streets which is required to be kept free of visual obstruction.

An area at the intersection of two or more public or private streets and within which no vegetation, structure, or which object is greater than 2 1/2 feet in height may be planted, erected, or placed.

Any structure, wall or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or other representations used for announcement, direction, information, attraction or advertisement. The word "sign" includes the word "billboard," but does not include the flag, pennant, or insignia of any nation, state, city or other political unit, nor public traffic signs.

A type of off-premises sign intended to promote a business or sales of a produce or service.

The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or closed, on which they are displayed, but not including any supporting framework and bracing which is incidental to the display itself. Where the sign consists of individual letters or symbols attached to or painted on a surface of a structure, the area of the sign shall be considered to be the smallest rectangle which can be drawn to encompass all of the letters and symbols. In computing the permitted sign area of any sign with two sides, the permitted total sign area shall be based upon the sign area of only one side (the larger of any two if they differ). Unless otherwise specified, all square footages in regards to signs are maximum sizes.

Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

An independently supported sign, not attached to any building.

The vertical distance measured from the average grade at the front of the sign to its highest point. The highest point in the case of a sign shall include the supporting structure.

A sign illuminated by light from within the sign rather than a source adjacent to or outside of the sign. A sign within a display case with lights only shining onto the front of the sign shall be considered to be "externally" illuminated.

A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located. This includes signs commonly called "billboards" and "advertising signs."

Any sign erected by township, county, or state officials intended to assist vehicular traffic, generally restricted to signs conforming to PennDOT's sign manual.

A sign which directs attention to a business, profession or industry conducted on the premise or to products sold, manufactured or assembled upon the same premises upon which it is displayed.

A sign erected to advocate a political candidate or to advocate for or against an anticipated governmental action.

A sign required to satisfy an official legal requirement, a sign erected to notify the public of a hearing or public meeting, or any similar sign erected to provide notice to the general public of any noncommercial, nonprofit activity.

A sign erected upon or incorporated into the roof of a building.

A sign erected to define a school zone, to regulate traffic near a school, to indicate a school pedestrian crossing, a school bus stop, or for any other traffic safety purpose associated with a school.

A type of sign sometimes displayed at a business location which uses internal lighting to display information such as the current time or current temperature.

A sign, which may contain a flashing direction arrow, a flashing speed indicator, or other device intended solely to assist management or safety of vehicular traffic.

A sign primarily supported by or painted on a wall of a building and which does not project more than two feet from such wall.

A sign which is readily visible and can be at least partially read from an exterior lot line and which is attached to a window or transparent door or that can be read through a window or transparent door.

A building arranged, intended or designed to be occupied exclusively as a residence for one family and having no party wall with an adjacent building.

A building arranged, intended or designed to be occupied exclusively as a residence for two families, each living on one side of a common or party wall.

A use permitted in a particular district by the Zoning Hearing Board, to occupy or use land and/or a building or structure for a specific purpose in accordance with this Part 1, when such use is not permitted by right.

Any natural person, association, partnership, firm, corporation, joint venture or any other legal entity whatsoever who initiates, organizes, promotes, permits, conducts advertises, or charges admission for a public gathering.

Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.

A public or private right-of-way, excluding driveways, intended as a means of vehicular and pedestrian travel, furnishing access to abutting properties. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, road, highway and similar terms.

The lot dimension measured along the street line or right-of-way line of any street or highway abutting a lot.

The dividing line between a lot and the outside boundary of a public street, road or highway right-of-way legally open or officially plotted by a municipality or higher governmental authority, between a lot and the outside boundary of a street shown on a recorded subdivision or land development plan, or between a lot and a private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have a right-of-way.

See "alteration, structural."

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

A pool used for swimming or bathing which has a depth in any part of 24 inches or more.

The transmission of words, sounds, images or data in the form of electronic or electromagnetic signals or impulses using wire, optical cable, radio, television, microwave, and satellite.

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless telecommunications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas.

The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. 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.

Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.

An unmanned building or cabinet containing telecommunications equipment required for the operation of telecommunications antennas and covering an area on the ground not greater 250 square feet.

A tract or parcel of land that contains a telecommunication antenna as the principal use, its support structure, accessory building(s), equipment cabinet, and parking, and may include other uses associated with and ancillary to telecommunication signal transmission or processing at the tract.

The vertical distance measured from the ground level to the highest point on a telecommunications tower, including antennas mounted on the tower.

The felling, loading and transporting of timber products such as pulpwood, and may include both clear cutting and selective cutting of timber.

A building arranged, intended or designed to be occupied exclusively as a residence for one family which is one of a group of three or more such buildings, placed side by side and separated by unpierced party walls, each dwelling having at least one separate entrance from the outside.

The Township of Upper Tulpehocken, Berks County, Pennsylvania.

The Planning Commission of the Township of Upper Tulpehocken, Berks County, Pennsylvania.

The Board of Supervisors of the Township of Upper Tulpehocken, Berks County, Pennsylvania.

A state-regulated or other facility which receives waste from haulers. Waste may be trans-shipped to landfills or other ultimate disposal, or waste may be separated to salvage recyclable materials.

A retail service establishment or convenience shop, which provides food items, beverages, take-out only delicatessen, newspapers, magazines, incidental personal care items, automobile supplies, gasoline and/or diesel fuel, to be principally sold to accommodate transient travelers.

A portable vehicular structure built or designed to be mounted on a chassis or wheels or constructed as an integral part of a self-propelled vehicle for use as a temporary dwelling for travel, recreation and/or vacation purposes.

Any parcel of land used for the purpose of providing a space or spaces for travel trailers for camping purposes, regardless of whether a fee has been charged for the leasing, renting or occupancy of such space.

Any area of land together with buildings, which can accommodate the transfer of cargo and freight with trucks or other commercial vehicles. This definition shall also include temporary convenience stops or convenience centers to accommodate large volumes of transient drivers occupying trucks, tractor trailers and other commercial vehicles, and truck service/maintenance, including tire changing and repair and/or truck washing and/or truck mechanical repair services.

The specific purpose for which a tract of land, a sign, structure, a building, or group of buildings is designed, arranged, and/or intended for and which may be occupied or maintained, or any activity, occupation, business or operation may be conducted upon, thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

A farm, still engaged in agricultural production, whether principally or incidentally thereto, which provides accommodations and services consisting of, but not limited to, sleeping quarters, eating and recreation facilities and general social activities on the premises, used or intended to be used for temporary or seasonal occupancy by vacationers.

A waiver, granted by the Zoning Hearing Board, from the terms and conditions of this Part 1 where literal enforcement would create unnecessary hardship and when granting of the waiver would not be contrary to the public interest.

A system, whether publicly or privately owned, for supplying and distributing water from a common source to two or more dwellings and/or other buildings within a single neighborhood.

A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.

A privately owned and operated system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood.

A publicly owned and operated system or PUC regulated system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood.

Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions including swamps, marshes, bogs, and similar areas.

Includes nature center, outdoor education laboratory, woodland preserve, arboretum or a place of refuge for native animals indigenous to Pennsylvania.

The required open, unoccupied space on the same lot with a building. The space shall be open and unobstructed form the ground upward, except as otherwise provided in this Part 1, and not less in depth or width than the minimum required in each zoning district. (See also "yard, front"; "yard, rear"; and "yard, side").

An open, unoccupied space between an adjacent right-of-way and a line drawn parallel thereto, at such distance therefrom as may be specified herein for any zoning district, and extending for the full width of the lot.

An open, unoccupied space between the rear lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any zoning district, and extending for the full width of the lot, except that in the case where the rear lot line is included within a service street, the rear yard shall be between the right-of-way line of the service street nearest the front yard of the lot and a line drawn parallel to such cartway line of the service street.

An open, unoccupied space between the side lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any zoning district, and extending from the front yard to the rear yard.

The Upper Tulpehocken Township Zoning Hearing Board.

The Upper Tulpehocken Township Zoning Officer.

This Upper Tulpehocken Township Zoning Ordinance and all amendments thereto.

A permit issued indicating that a proposed use, building or structure is in accordance with the Zoning Ordinance.