Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings assigned to them in this section:
ACCESSORY BUILDINGA building subordinate to the principal building on the lot and used for purposes customarily incidental to those of the principal building or use of the lot.
ACCESS ROADPublic roads which are used by vehicles to gain access to landfills or quarries.
ADJUSTED TRACT AREAThat area remaining after the application of density factors shall used to calculate the maximum number of units permitted on a tract. (Reference §
131-113 of this chapter.)
[Added 3-25-1999 by Ord. No. 1999-1]
ADMINISTRATIVEA business established to be supportive of some other principal use or a business established which is independent of any other activity and is carried on by office personnel.
AGRICULTUREAn industry involving the cultivation of the soil and the harvesting of the products of the soil, including but not necessarily limited to activities such as animal husbandry, horticulture, forestry, tree nurseries and Christmas tree farms. Where permitted as a use, this term shall be interpreted to include those accessory uses and structures necessary to support such industry, including one dwelling unit.
AIRCRAFTAny contrivance used for manned ascent into or flight through the air; nonmotorized hang gliders and parachutes are specifically excluded from this term.
AIRPORTAny area of land or water which is used or intended to be used for the landing and takeoff of aircraft, including any appurtenant areas which are used or intended to be used for airport buildings, air navigation facilities, rights-of-way and airport-related facilities.
AIRPORT ELEVATIONThe highest point of an airport's usable landing area, measured in feet above sea level.
AIRPORT HAZARDAny structure or object, natural or man-made, or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at an airport or which is otherwise hazardous as defined under "airport hazard" in 74 Pa.C.S.A. § 5102, as amended.
AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for by this chapter and the Pennsylvania Aviation Code, Act 164 of 1984, 74 Pa.C.S.A. § 5101 et seq.
AIRPORT, PRIVATEAn airport which is privately owned and which is not open or intended to be open to the public, as defined in the Pennsylvania Aviation Code, Act 164 of 1984, 74 Pa.C.S.A. § 5102.
AIRPORT, PUBLICAn airport which is either publicly or privately owned and which is open to the public, as defined in the Pennsylvania Aviation Code, Act 164 of 1984, 74 Pa.C.S.A. § 5102.
ALTERNATIVE ENERGY SYSTEMA system which provides alternative methods of generating energy, including but not limited to electrical energy, which is not subject to regulation by the Pennsylvania Public Utility Commission. Alternative energy systems shall include but shall not be limited to: solar energy systems and wind energy systems.
[Added 8-26-2010 by Ord. No. 2010-01]
APARTMENT BUILDINGA building divided into three or more separate, independent dwellings, each such dwelling designed for occupancy by one housekeeping unit, not dependent upon the remaining units in the building.
APPROACH SURFACEA surface longitudinally centered on the extended center line of an airport runway, extending outward and upward from the surface zone height limitation slope (described in §
131-61 of this chapter). In plan view, the perimeter of the approach surface is coincident with the perimeter of the approach surface zone.
ARTIST or ARTISANLimited to individuals who practice the graphic or plastic arts, including painting, serigraphy and sculpture; crafts such as silk-screening, weaving, pottery, ceramics, small-scale metalworking and woodworking; and similar handiwork.
ASSISTED LIVING HOMEA multiresidence housing facility providing rooms, common facilities and activities, meals, personal care and basic health care for senior citizens and persons with disabilities who require assistance with activities of daily living.
[Added 3-3-2011 by Ord. No. 2011-01]
AUTOMOBILE REPAIR SERVICEA commercial use of land which is characterized by the repair of motor vehicles, limited to any one or a combination of the following activities the care and maintenance of motor vehicles as a retail service; engine, drivetrain and other mechanical repair of motor vehicles as a retail service; and the repair and painting of motor vehicle bodies. The retail sale of parts and accessories for motor vehicles is permitted only as an accessory to any of the preceding activities, except that the sale of gasoline is not permitted.
AUTOMOBILE SERVICE STATIONA commercial use of land which is characterized by the provision of retail services for motorists and their vehicles. This use shall be limited to any one or a combination of the following activities: the retail sale of gasoline and other petroleum products; the care and maintenance of motor vehicles, including cosmetic detailing where no spray painting is performed; engine, drivetrain and other mechanical repair of motor vehicles; and a convenience store. The sale of parts and accessories for motor vehicles is permitted as an accessory to any of the preceding activities. The sale of new or used motor vehicles is not permitted, nor is the repair or painting of motor vehicle bodies.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter and other Township ordinances have been prepared.
BASE FLOOD ELEVATIONThe one-hundred-year-flood elevation, as referenced in the Flood Insurance Study, Township of Washington, prepared by the Federal Emergency Management Agency, Federal Insurance Administration. Within the approximated floodplain, the one-hundred-year-flood elevation shall be established as a point on the boundary of the approximated floodplain nearest to the area of construction activity.
BED-AND-BREAKFASTA type of tourist home, as hereinafter defined, which is licensed in accordance with Pennsylvania Act 62 of 1992. No meals shall be provided for compensation to nonguests.
BOARDThe Board of Supervisors of Washington Township, Berks County, Pennsylvania; however, within Article
XVIII of this chapter, this term shall refer to the Zoning Hearing Board of the Township.
BUFFER AREA or BUFFER STRIPA strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in this chapter, and upon which is planted year-round shrubbery, hedges, evergreens and/or other suitable plantings as a landscaped screen, as defined herein. The buffer area may include a wall or fence, provided that such wall or fence shall be designed and constructed in such a manner that it will not conflict with the character of the abutting district.
BUILDINGA residential, commercial, industrial, or other structure with walls and a roof, having a permanent fixed location on land or in water.
[Amended 7-27-2017 by Ord. No. 2017-1]
BUILDING, ALTERATION OFAny change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams or girders, or any change which would convert an existing building into a different structure, adapt it for a different use or, in the case of a nonconforming use, prolong the existence of such use.
BUILDING AREAThe aggregate of the maximum horizontal cross-section areas of all buildings on a lot above the ground level, excluding cornices, eaves, gutters, chimneys projecting 18 inches or less, bay windows projecting two feet or less, one-story open porches, porte cocheres and carports which are open on three sides, outdoor steps and balconies.
BUILDING ENVELOPEThat portion of a lot within which a principal building may be erected. This area is defined by the yard lines and excludes rights-of-way and the pole area of flag lots.
BUILDING HEIGHTThe vertical dimension of a building measured from the average elevation of the finished grade of the two front corners of the building to the highest point of the roof, exclusive of aerials; antennas; silos; grain elevators; roof-mounted structures for heating, air conditioning, ventilation, solar energy collection or elevators and similar structures for the enclosure of building infrastructure; chimneys; spires; and towers; provided that the aforementioned projection does not exceed the height limitation of the applicable zoning district by more than 50 feet. The foregoing height exception shall not apply to any communications antennas or communications towers.
[Amended 8-25-1994 by Ord. No. 1994-10; 3-12-1998 by Ord. No. 1998-2; 7-9-1998 by Ord. No. 1998-6; 4-26-2007 by Ord. No. 2007-01]
BUILDING SETBACK LINEAn imaginary line upon a property which is parallel to the street line (or the front lot line of a flag lot) and is separated therefrom by a distance equivalent to the minimum front yard required by the zoning district within which the street line or front lot line is located. No building or portion of a building may be erected or extended upon or over the area between the street right-of-way line (or the front line line) and the building setback line; equivalent to “front yard line.”
CHILD DAY-CARE CENTERThe premises in which care is provided at any one time for seven or more children unrelated to the operator.
[Amended 7-25-1996 by Ord. No. 1996-6]
CLEAR-CUTTINGThe removal or intentional destruction of all vegetation from an area of land. The removal or cutting of 90% or more of the total number of individual trees from a wooded area shall be deemed "clear-cutting," even if brush vegetation is left remaining. The selective removal or cutting of trees for sale or as may be required as part of a woodlot management program shall not be deemed "clear-cutting."
CLUBA private organization involving the use of land or buildings gathered for some common purpose.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, telephone, wireless telephone, pager, commercial mobile radio service, personal communications systems or any other wireless communications 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.
[Added 7-9-1998 by Ord. No. 1998-6]
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
[Added 7-9-1998 by Ord. No. 1998-6]
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
[Added 7-9-1998 by Ord. No. 1998-6]
CONICAL SURFACEA surface extending outward and upward from the periphery of the horizontal surface (as defined below) of an airport at a slope of 20:1 (or 5%) for a horizontal distance of 4,000 feet.
CONSTRUCTIONActivity associated with the erection, renovation, repair, extension, expansion, alteration or relocation of a structure, including the placement of mobile homes.
CONVENIENCE STOREA type of retail commercial activity characterized by, but not necessarily limited to, the sale of prepackaged and prepared foods and sundries. Convenience stores shall have a maximum gross floor area of 8,000 square feet. The sale of gasoline and other petroleum products is permitted as an accessory use to a convenience store only where such sales are specifically permitted by the zoning district wherein the convenience store is located.
DEVELOPMENTAny man-made change to a tract of land, including the placement thereon of buildings or other structures (including mobile homes); the construction of streets or other paved areas; the installation of utilities; the conduct of activities such as mining, dredging, filling, grading, excavation and drilling; and the storage of materials and equipment.
[Amended 10-24-1996 by Ord. No. 1996-10]
DISPENSARYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana pursuant to the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[Added 7-27-2017 by Ord. No. 2017-1]
DRIVEWAYA privately owned area accommodating vehicular access to one nonresidential lot or to one or more residential lots, as limited by Chapter
107, Subdivision and Land Development.
DWELLING, MULTIFAMILYA building which contains three or more separate and distinct dwelling units. This term specifically includes but is not limited to townhouses and apartment buildings.
DWELLING, SINGLE-FAMILY DETACHEDA building used or intended to be used as one dwelling unit and containing no other uses, except accessory uses to the dwelling unit.
DWELLING, TWO-FAMILYA building which contains two separate and distinct dwelling units, each with its own exterior entrance. Such buildings are typically, but not necessarily, configured as semidetached dwellings (or twin homes) or with one dwelling wholly above the other (also known as a "duplex").
DWELLING UNITA building or portion of a building used or intended to be used as a permanent or seasonal place of residence. A dwelling unit shall include such housekeeping facilities as necessary to be independent from all other dwelling units and shall also be physically discrete from all other dwelling units.
EATING AND DRINKING ESTABLISHMENTA commercial activity which features the remunerated furnishing or serving of food and beverages for consumption on the premises. This term shall be interpreted to include restaurants and any other activity or portion of some other activity which includes a restaurant-type facility, such as hotels, country clubs and social clubs, regardless of whether or not such facility is open to the general public.
ELECTRONIC NOTICENotice given by Washington Township, Berks County, 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.
[Added 11-19-2015 by Ord. No. 2015-07]
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.
[Added 7-9-1998 by Ord. No. 1998-6]
FAAThe Federal Aviation Administration of the United States Department of Transportation.
FAMILY CHILD DAY-CARE HOMEA home other than the child's own home, operated for profit or not-for-profit, in which child day-care is provided at any one time to four, five or six children unrelated to the operator.
[Added 7-25-1996 by Ord. No. 1996-6]
FLAG LOTA lot which is separated from all road rights-of-way by another lot or lots and which is connected to some right-of-way by a private access strip narrower than the minimum required lot width for the applicable zoning district.
FLOOD, ONE-HUNDRED-YEARA flood that has one chance in 100 of being equaled or exceeded in any given year. For the purposes of this chapter, the "one-hundred-year flood" shall be as defined by the Federal Emergency Management Agency of the Federal Insurance Administration in the Washington Township Flood Insurance Study, most recent version.
FLOODPLAINThe relatively flat or low-lying land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; also, an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FORESTRYThe commercial cultivation and subsequent harvesting of trees. For the purposes of this chapter, forestry shall be performed in accordance with a woodlot management plan. The removal of trees shall be performed in such a way as to minimize the effects of erosion and sedimentation, both during and subsequent to such removal.
GARAGE, PRIVATEAn accessory building or part of a principal building used or intended to be used for the storage of motor vehicles owned or used by the owner(s) or occupant(s) of the premises. Not more than one motor vehicle owned or used by persons other than an owner or occupant of the premises may be stored in a private garage.
GARAGE, PUBLICA building used solely for the commercial storage, service or repair of motor vehicles.
GARAGE, STORAGEA building used solely for the storage of motor vehicles. Commercial activities, including any sales and commercial services, shall not be permitted.
GAS or GASOLINE STATIONA structure, building or area of land or any portion thereof that is used for the sale of gasoline or other motor vehicle fuels. For the purposes of this chapter, the term "gas station" shall not be synonymous with a "service station." Businesses or industries which have facilities for dispensing gasoline solely for its own use and not available to the general public shall not be deemed a gas station.
GREENWAY LANDSee "open space land."
[Added 3-25-1999 by Ord. No. 1999-1]
GROUP CHILD DAY-CARE HOMEThe premises in which care is provided at one time for more than six but fewer than 16 older school-age level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. The term includes the facility located in a residence or another premises.
[Added 7-25-1996 by Ord. No. 1996-6]
GROWER/PROCESSORA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health pursuant to the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq., to grow and process medical marijuana.
[Added 7-27-2017 by Ord. No. 2017-1]
HAUL ROADA road located upon quarry and industrial tracts which is used only by vehicles associated with the use upon such tract. A haul road shall not be a public road and shall be closed to use by the general public.
HAZARDOUS WASTEAny type of waste, regardless of its form or source, which is subject to regulation under § 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or the United States Atomic Energy Act of 1954, as amended (68 Stat. 923) or which, by virtue of its quantity or concentration of its physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or morbidity or may pose a substantial hazard, either present or future, to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed.
HEIGHT OF A COMMUNICATIONS TOWERThe vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
[Added 7-9-1998 by Ord. No. 1998-6]
HOME OCCUPATIONA for-profit activity conducted within a dwelling unit (or within an accessory structure upon a residential lot) as an accessory use in conformance with §
131-70C of this chapter.
HORIZONTAL SURFACEA horizontal plane 150 feet above the established elevation of an airport, the perimeter of which, in plan view, coincides with the perimeter of the horizontal surface zone.
HOTELA building or group of buildings providing temporary lodging for the general public for compensation. Uses such as restaurants, gift shops and recreational facilities shall be deemed customary accessory uses and shall be permitted as part of a hotel operation, whether or not such uses are available to the general public.
HOUSE OF WORSHIPA building principally used for public worship or religious assembly by a congregation. This term includes church, synagogue, temple, mosque, kingdom hall and all similar terms.
INCINERATORA facility where waste products are disposed of by means of a combustion process.
INDEPENDENT LIVING HOMEA multiresidence housing facility providing rooms, common facilities and activities, and meals, for senior citizens and persons with disabilities who require little or no assistance with activities of daily living.
[Added 3-3-2011 by Ord. No. 2011-01]
INDUSTRYA business established for the production of goods, assemblage of parts or packaging of goods, including the storage of products and materials and ancillary administrative functions.
INSTITUTIONA property, including any and all buildings thereon, operated and maintained by a charitable, educational, medical, religious or eleemosynary organization; also, according to context, such organization itself.
INTERMEDIATE PROCESSING CENTERA facility wherein commingled recyclables, which have been removed from the municipal waste stream, are delivered and then separated and processed (washed, crushed or compacted and baled or packaged) for subsequent delivery for further processing or to a manufacturer or other user which utilizes such recyclables in its production process.
KENNELThe use of land, building or structure for the purpose of breeding, boarding, training or grooming customary household pets for compensation, or the maintenance of four or more dogs that are more than six months old on a single lot or contiguous lots under single ownership or lease.
[Added 5-24-2012 by Ord. No. 2012-02]
LANDFILLAn area where solid waste is placed in or on land.
LANDFILL, SANITARYA landfill wherein engineering principles are utilized to bury solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.
LANDFILL SITEA tract of land upon which a landfill is located, including all structures and other appurtenances or improvements erected thereon.
LANDSCAPED BUFFER STRIP or LANDSCAPED SCREENAn area of planting designed to provide a visual and aural barrier either between abutting properties or between a property and an abutting street, as required within this chapter. Such landscaped area shall be maintained by the owner of the lot whereupon it is located such that it is of sufficient height and density to perform its barrier functions. Landscaped buffer strips may include earthen berms with a maximum height of 48 inches. Unless otherwise required or permitted by this chapter, a landscaped buffer strip shall:
A. Have a minimum height upon installation of five feet and shall achieve a minimum height of eight feet within three years of planting;
B. Have a minimum width of 20 feet;
C. Be sufficient to provide a year-round barrier; and
D. Be composed of plant species which is indigenous to or is otherwise well-adapted to the conditions of this region. A list of recommended species is found in Appendix C of this chapter.
LOADING SPACEA space accessible to vehicles from a public street, either in a building or otherwise on a lot, which is intended for use by vehicles while in the process of loading or unloading cargo.
LOTA 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 as a unit.
LOT AREAThe area contained within the property lines of an individual parcel of land, including but not limited to a parcel as shown on a subdivision or development plan, excluding areas within the legal or ultimate right-of-way (whichever is greater) of a public road and area within the pole portion of a flag lot.
LOT AREA, GROSSThe area of land enclosed by the property lines of an individual parcel of land, with no exclusions.
LOT AREA, NETThe area contained within the property lines of an individual parcel of land, excluding area within the legal or ultimate right-of-way (whichever is greater) of a public road, area within the pole portion of a flag lot, floodplain areas, lands covered by alluvial soils, surface waters and freshwater wetlands and lands within public and private easements. In lieu of a soil survey performed for a specific tract by a qualified individual, the Soil Survey: Berks County, Pennsylvania (issued September 1970 by the Soil Conservation Service of the United States Department of Agriculture), shall be acceptable to the Township as a source for the location of alluvial soils.
LOT, CORNERA lot having road frontage on two contiguous sides or having road frontage upon two or more intersecting roads.
LOT LINEA property boundary line of any lot held in single or joint ownership.
LOT LINE, FRONTAny and all lot lines coincident with a street right-of-way line (or street center line, as may be applicable). For purposes of application of yard and setback requirements, the front lot line of a flag lot shall be that lot line of the flag portion which is closest and most nearly parallel to the nearest street right-of-way line.
LOT LINE, REARThat lot line which is most distant from and most nearly parallel to the front lot line. A rear lot line shall not intersect any street right-of-way line.
LOT LINE, SIDEAny and all lot lines which are neither a front lot line nor a rear lot line.
LOT WIDTHThe distance between side lot lines at the front yard line. The lot width of a corner lot shall be measured from the point of intersection of the front yard lines to the nearest side lot line. The minimum lot width requirement for the applicable zoning district shall be satisfied at each front yard line individually.
LUMBERINGThe removal of trees from a wooded tract, excluding such removal as may be necessary in order to accommodate construction activity. Lumbering may or may not be in accordance with a woodlot management plan but shall not be conducted in such a way that the activity may be properly described as "clear-cutting," as defined herein.
MAILED NOTICENotice given by Washington Township, Berks County, 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.
[Added 11-19-2015 by Ord. No. 2015-07]
MEDICAL MARIJUANAMarijuana for certified medical use as set forth in the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[Added 7-27-2017 by Ord. No. 2017-1]
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable 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. For floodplain management purposes, the term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
[Amended 10-24-1996 by Ord. No. 1996-10]
MOBILE HOME LOT or MOBILE HOME SITEA 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.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use, in conformance with §
131-70F of this chapter, which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
[Added 3-27-2003 by Ord. No. 2003-3]
NONCOAL SURFACE MININGThe extracting of minerals other than coal from the earth, from waste or stockpiles or from pits or banks by removing the strata or material that overlies or is above or between them (which removal shall not constitute mining activity) or otherwise exposing and retrieving them from the surface, including but not limited to strip mining, auger mining, dredging, quarrying, leaching and all surface activity connected with surface or underground mining, including but not limited to exploration; site preparation; entry, tunnel, drift, slope, shaft and borehole drilling and construction; and activities related thereto, excluding the extraction, handling, processing or storing of materials from any building construction excavation on the site of the construction where the minerals removed are incidental to the building construction excavation, regardless of the commercial value of the minerals.
NONCONFORMING LOT, STRUCTURE OR USEA lot, structure upon a lot or an activity performed upon a lot or in a structure which, by reason of design, size or function, is not in compliance with the regulations of the zoning district within which such lot, structure or activity is located.
NURSING HOMEA multiresidence housing facility providing rooms, common facilities and activities, meals, personal care and health care, including nursing and medical care, for senior citizens and persons with disabilities.
[Added 3-3-2011 by Ord. No. 2011-01]
OPEN PORCHAn outdoor living area attached to a dwelling, with or without a roof, which is open on all sides except where it abuts the exterior wall of the dwelling. Open porches may have wire screening, but if glazed with either permanent or removable glass sashes, the porch shall be deemed an interior space and therefore a part of the building, subject to all minimum yard requirements.
OPEN SPACE LANDCommon area not built upon within a subdivision, land development or agricultural area.
[Added 3-25-1999 by Ord. No. 1999-1]
PARKING SPACEA designated space for the indoor or outdoor storage of one automobile. Such space shall have a minimum width of 10 feet, a minimum length of 20 feet and a maximum slope of 5.0% in any direction.
PERSONAny individual, partnership, corporation, association, institution, cooperative enterprise, municipality, federal or state agency or any other legal entity which is recognized by law as the subject of rights and duties.
PERSONAL SERVICEA type of retail commercial activity characterized by the provision of some service exclusively or principally to clients who are individuals rather than businesses, governmental units or other organizations. The retail sale of goods related to such service is included in this term.
PHARMACYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania State Board of Pharmacy to dispense prescription drugs and medicine.
[Added 7-27-2017 by Ord. No. 2017-1]
PLANNED RESIDENTIAL DEVELOPMENTAn area of land controlled by a landowner to be developed as a single entity for a number of dwelling units or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.
[Added 11-13-2003 by Ord. No. 2003-5]
POLE (OF A FLAG LOT)The portion of a flag lot which connects the main bulk of the lot with the street. The area of the pole is defined by the street line, the side lot lines tangent to the street line and a line parallel to the street line at that point on the lot where the minimum lot width required by the applicable zoning district is achieved.
PRIMARY SURFACEA surface longitudinally centered upon the center line of an airport runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the center line of the runway. The length of the primary surface shall be determined as follows.
A. When the runway has a specially prepared hard surface, the primary surface shall extend 200 feet beyond each end of that runway.
B. For military runways or when the runway has no specially prepared hard surface, the primary surface shall end at each end of that runway.
PUBLIC UTILITY FACILITYA building or structure housing equipment for the support of telephone, radio telephone, cable television, gas, power, sewer or water facilities. In the R-1, R-2 and HDV Districts, this term shall be limited to exclude public business facilities, areas for storage of materials, vehicle maintenance and repair facilities and housing for repair crews.
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned and operated by a public utility, electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
[Added 7-9-1998 by Ord. No. 1998-6]
RECREATION, ACTIVEOutdoor leisure activities excluded from the definition of "passive recreation."
RECREATION, PASSIVEOutdoor leisure activities which do not require any type of playing court, field or other area of land which has obviously been modified by man, except that an improved trail or path for the exclusive use of pedestrians, equestrians and/or nonmotorized vehicles having a width of 10 feet or less may be provided. This term includes hiking and other trail-oriented activities, bird-watching, picnicking and similar activities. This term excludes all organized team sports, downhill skiing, golf and similar activities.
RECYCLING CENTERA lot, land, structure or part thereof used for the collection, storage or sale of wastepaper, plastics, rags, scrap metal or discarded material; or for the collection, dismantling, storage or salvaging of machinery, including vehicles, and for the sale of parts thereof. A recycling center shall not be deemed a type of landfill nor shall a landfill be deemed a type of recycling center.
RETIREMENT HOMEA multiresidence housing facility intended for senior citizens and persons with disabilities. For purposes of this definition, "retirement home" shall include independent living homes, assisted living homes, and nursing homes and shall exclude drug and alcohol rehabilitation facilities, group homes and halfway houses.
[Added 3-3-2011 by Ord. No. 2011-01]
RUNWAYA defined area of an airport, public or private, prepared for landing and takeoff of aircraft along its length.
RUNWAY, LARGER-THAN-UTILITYA runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
RUNWAY, NONPRECISION INSTRUMENTA runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
RUNWAY, PRECISION INSTRUMENTA runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). This term shall also include a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other adopted or otherwise recognized planning document.
RUNWAY, UTILITYA runway which is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.
RUNWAY, VISUALA runway intended solely for the operation of aircraft using visual approach procedures.
SCAVENGINGThe uncontrolled removal of material from a landfill site or recycling center.
SCHOOLA structure or portion thereof used for educational purposes, including the following: preschools, nursery schools, elementary and secondary schools, colleges, universities, junior colleges and vocational and technical schools. A school may be either private or public.
SELF-STORAGE FACILITYA use of land where secure structures or secure units within a structure are offered for lease to the general public for the storage of personal articles. The outdoor storage of recreational vehicles, boats and noncommercial trailers is permitted as an accessory use to a self-storage facility.
SENIOR CITIZENAny person 55 years of age or older.
[Added 3-3-2011 by Ord. No. 2011-01]
SEXUALLY ORIENTED BUSINESSA business or commercial enterprise which is defined in and regulated by Chapter
97, Sexually Oriented Businesses, commonly known as the "Obscenity Ordinance." Such enterprises include but are not necessarily limited to adult arcades, adult bookstores and video stores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, escort agencies, nude model studios and sexual encounter centers, as such terms are defined within the above-cited Township ordinance.
SHOPPING CENTERA group of commercial uses designed and constructed as an integrated unit, sharing common facilities for parking, loading, pedestrian circulation and sanitary facilities. Uses permitted within a shopping center include and are hereby limited to the retail sale of goods and services, financial services and offices, business and professional offices, eating and drinking establishments and uses customarily accessory to such uses.
SIGNAny name, nameplate, billboard, poster, panel, display, illumination, structure or other device used for visual communication which is affixed, painted or represented, directly or indirectly, upon a building or other outdoor surface for the purpose of bringing the subject thereof to the attention of the public.
SIGN, OFF-PREMISESA sign which advertises or announces a business, activity or other feature which is not provided upon the same lot as said sign. Outdoor advertising signs (billboards) are a type of off-premises sign. Signs erected by the Department of Transportation or by any other public entity are excluded from this definition.
SIGN, VEHICULARAny vehicle to which a sign is affixed in such a manner that the carrying of the sign is no longer incidental to the vehicle's purpose but becomes a primary purpose in itself. An example is a tractor trailer with advertising painted on or affixed to its side, left for a period of time along the frontage of a road to serve as an advertising sign.
[Added 5-24-2012 by Ord. No. 2012-02]
SINGLE AND SEPARATE OWNERSHIPA parcel of land held in single and separate ownership shall be the whole of any continuous area of land, the title to all of which rests in the same ownership, irrespective of the fact that parts of the area may have been acquired at different times or that the area may have been divided into parts on an earlier plan or plot.
SLOPEThe degree of deviation of a surface from the horizontal, expressed as a percent and calculated by dividing the amount of vertical change by the amount of horizontal distance over which such vertical change is observed.
SOLAR ENERGY SYSTEMSolar energy systems, including solar collections, storage facilities, and distribution components, used for electricity production, water heating and space heating and cooling.
[Added 8-26-2010 by Ord. No. 2010-01]
SOLID WASTE MANAGEMENT FACILITYA place at which a comprehensive program of solid waste management is practiced, including resource recovery and reclamation, processing, storage and final disposal. Full reclamation of all material which is recyclable shall be practiced, including ferromagnetic and nonferromagnetic metals, glass, paper, thermoplastics and combustible materials which, through processing, can be further utilized. Only those materials for which markets do not exist shall be disposed of in any landfill located at the facility. This term shall be interpreted to include all land, structures and other appurtenances or improvements upon the property.
STREETA right-of-way, including any ultimate right-of-way, whether publicly or privately owned, used or intended to be used to accommodate vehicular travel. This term includes "arterial," "avenue," "boulevard," "court," "expressway," "highway," "lane," "road," "thoroughfare," "way" and similar terms. This term excludes the terms "access road" and "driveway," as defined in this article.
STREET LINEThe dividing line between a street and a lot. The street line shall be coincident with the legal street right-of-way line or, where a future right-of-way width for a road has been officially established which is wider than the legal right-of-way, the street line shall be coincident with such future right-of-way line.
STRUCTUREA man-made object or assemblage of materials having a fixed location on or in land or water, whether or not actually affixed to any land. This term shall include buildings, signs, fences, walls, towers, antennas, swimming pools, porches, garages and similar items. The term "structure" shall be interpreted to include the phrase "or part thereof."
SWIMMING POOLAn aboveground or in-ground structure, whether permanent or temporary, designed to accommodate recreational or competitive swimming. The regulations of this chapter shall be applied only to such structures which exceed 40 inches in depth at any point and which have a perimeter of 40 feet or more.
TERMINAL VISTAThe visibility of external open space as perimeter greenbelt land.
[Added 3-25-1999 by Ord. No. 1999-1]
TOURIST HOMEA dwelling in which sleeping accommodations for fewer than 10 persons are provided for compensation.
TOWNSHIPWashington Township, Berks County, Pennsylvania.
TRANSFER STATIONA facility for the collection of solid wastes, excluding sewage, for subsequent removal and ultimate disposal at another site.
TRANSITIONAL SURFACESThose surfaces extending outward at ninety-degree angles to the center line of a runway and to the center line extended at a slope of seven feet horizontally for each one foot vertically (i.e., a slope of 14.3%) from the sides of the primary surface and of the approach surface to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet, measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended center line of the runway.
USEAn activity occurring on a tract of land or within a structure.
USE, ACCESSORYA use subordinate to the principal use of land or a building or other structure on a lot which is customarily and clearly incidental thereto.
USE BY RIGHTA use of land or of a structure which the owner of such land or structure is entitled to enjoy by virtue of ownership. Such uses vary according to the zoning district wherein such land or structure is located.
USE BY SPECIAL EXCEPTIONA specific use of land or of a structure which requires the approval of the Zoning Hearing Board in accordance with §
131-105B of this chapter. Such uses vary according to the zoning district wherein such land or structure is located.
USE, CONDITIONALA specific use of land or of a structure which requires the approval of the Board of Supervisors in accordance with §
131-100 of this chapter. Such uses vary according to the zoning district wherein such land or structure is located.
USE, PERMITTEDA use of land and/or structures which is authorized by this chapter by right, or approved by condition or special exception in accordance with the provisions of this chapter or the zoning ordinance in effect at the time of such approval.
VARIANCERelief granted from the terms of this chapter by the Zoning Hearing Board in accordance with Section 910.2 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10910.2) and §
131-105A of this chapter.
WIND ENERGY SYSTEMA system which includes a structure and associated mechanisms and supporting components which are installed above ground for the purpose of generating electrical energy, and may include but is not limited to wind-driven driven turbines and windmills.
[Added 8-26-2010 by Ord. No. 2010-01]
WOODED AREAA portion of land where trees grow in a sufficient density to generate a year-round ground cover of leaves.
YARDAn open, unoccupied space on the same lot with a building or other structure or use, open and physically unobstructed from the ground to the sky, except for public utility lines.
YARD, FRONTThat portion of yard abutting the front lot line(s), lying between those side lot lines tangent to the front lot line(s) and extending in depth to the nearest point of the building closest to the front lot line.
YARD LINEAn imaginary line parallel to some specified lot line and set back from said lot line by the required yard depth.
YARD LINE, FRONTAn imaginary line upon a property which is parallel to the street line (or the front lot line of a flag lot) and is separated therefrom by a distance equivalent to the minimum front yard required by the zoning district within which the street line or front lot line is located. No building or portion of a building may be erected or extended upon or over the area between the street right-of-way line (or the front line line) and the building setback line; equivalent to "building setback line."
YARD LINE, REARA yard line parallel to the rear lot line, set back therefrom a distance equivalent to the minimum rear yard of the zoning district within which the majority of the lot lies.
YARD LINE, SIDEThose yard lines parallel to the side lot line(s), set back therefrom a distance equivalent to the minimum side yard of the zoning district within which the majority of the lot lies.
YARD, REARThat portion of yard abutting the rear lot line, lying between those side lot lines tangent to the rear lot line and extending in depth to the nearest point of the building closest to the rear lot line.
YARD SALEThe sale of goods to the general public from a residential property, whether indoors or out of doors, excluding the retail sale of goods conducted in conjunction with a home occupation and also excluding the sale of farm products from a roadside stand. This term shall include "auction," "garage sale," "tag sale" and all similar terms.
YARD, SIDEThat portion of yard abutting the side lot lines, lying between the front yard and the rear yard and extending in depth to the nearest point of the building closest to the rear lot line.