Chapter 27 – Part 2 – Definitions

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PART 2

DEFINITIONS

 

§201. INTERPRETATION.

As used in this Chapter, words ex¬pressed in their singular include their plural meanings, and words expressed in their plural include their singular meanings. The word “person” includes a corporation, unincor¬porated association and a partnership, as well as an individ¬ual. The words “building” and “street” are used generally and shall be construed as if followed by the phrase “or part thereof.” The word “may” is permissive; the words “shall” and “will” are mandatory. Words used in the present tense include the future tense. The words “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied.”

(Ord. 84 2, 3/29/1984, §200)

 

§202. DEFINITIONS.

The words or phrases set forth in this Chapter shall have the meanings ascribed to them in this Part, except where the context clearly indicates a different meaning. Any word or term not defined herein shall be deemed used under a common definition or meaning.

(Ord. 84 2, 3/29/1984, §201)

 

§203. SPECIFIC WORDS AND PHRASES.

ACCESSORY BUILDING a building detached from, subordinate to and on the same lot with the main building and used for purposes customarily incidental thereto, including without limitation, storage sheds, gazebos and similar non-occupancy buildings. [Ord. 03-03]

ACCESS DRIVE a paved surface, other than a street, which provides vehicular access for the public from a street or private road to a lot.

ACCESSORY USE a use on the same lot with and customarily incidental to any of the permitted uses.

ACESSORY SOLAR ENERGY SYSTEM – a solar collection system principally usedto capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one (1) or more free-standing ground, or roof mounted solar arrays or modules, or solar related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.

ADULT DAY CARE FACILITY – a facility that is not also used as a residence that provides or arranges to assist in meeting the needs, including personal care, social, nutritional, health and educational needs, of adult clients for a portion of a 24 hour day. These are provided, as appropriate for each client, through a planned program of social, educational, recreational, therapeutic, rehabilitative, and developmental activities.

ADULT ORIENTED BUSINESSES – An establishment where, for any form of consideration, and exotic, nude, or cabaret dancers perform; or, one or more still-or moving motion-picture projectors, slide projectors, DVD players or projectors, CD players or projectors, streaming internet players or projectors, or other image-producing machines or devices are used to show media which is characterized by the depiction or description of specified sexual activities or specified anatomical area; or, an establishment which has a significant or substantial portion of its stock-in-trade or derives a significant portion of its revenues or devotes a significant or substantial portions of its interior business or advertising to the sale or rental for any form of consideration any books, magazines, periodicals, or other printed matter or photographs, films, DVDs, CDs, motion pictures, slides or other visual representation which are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas, or instruments, devices, or paraphernalia which are designed for use or marketed primarily for the stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as a Adult Oriented Business. Such other business purposes will not serve to exempt such establishments from being categorized as an Adult Oriented Business so long as one of it its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials characterized by an emphasis on depicting or a description which depicts or describes sexual activities or specified anatomical areas. [Ord. 2017-11]

AGENT any person who, acting for the developer, submits plans to the Building or Zoning Official, the Planning Commission or the Township Board of Commissioners for the purpose of obtaining approval thereof of a permit of any kind.

AGRICULTURE the use of land for farm purposes.

ALLEY a minor way, whether or not legally dedicated, intended and used primarily for vehicular service access to the rear of properties which abut on a street and not intended for the purpose of through vehicular traffic.

ALTERATIONS, MINOR –

A. All incidental changes or replacement in the nonstruct¬ural parts of a building or other structure.

B. Changes or replacement in the structural parts of a building or other structure, limited to the following examples and others of similar extent:

(1) Alteration of interior partitions to improve liv¬ability in residential buildings, provided no additional dwelling units are created.

(2) Alteration of interior partitions in all other types of buildings or other structures.

(3) Making or enlarging windows or doors in exteri¬or walls.

(4) Strengthening the load bearing capacity in not more than 10% of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.

ALTERATIONS, STRUCTURAL any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, other than those defined as minor alterations.

AMENDMENT a change in use in any district which includes revisions to the text of this Chapter and/or the Zoning Map of Hampden Township.

ANIMAL BREEDING – a nonresidential use that is centered on the care and breeding of domestic animals. [Ord. 2017-10]

ANIMAL HOSPITAL a building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits and birds or fowl under medical care by a veterinarian.

APARTMENT a dwelling unit within a multiple dwelling but not including a conversion apartment.

APARTMENT BUILDING a building containing more than three dwelling units and having common entrances and halls.

APARTMENT, CONVERSION a dwelling unit within a multiple dwelling formed by the conversion of an existing single family detached or semidetached dwelling.

APARTMENT HOTEL a hotel which contains both dwelling units and individual guest rooms or suites of rooms.

APPLICANT any person who submits plans, data or applica¬tions to the Zoning Officer or other designated Township official for the purpose of obtaining any approval or permit.

APPLICATION FOR DEVELOPMENT every application, whether preliminary or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit for the approval of a subdivision plat or plan or for approval of a development plan.

AREA, BUILDING the total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

AREA, LOT the area contained within the property lines of an individual parcel of land excluding any area within alley or street rights of way but including the area of any other easement.

AREA, FLOOR the sum of the areas of all floors of a building or structure measured from the exterior faces of the walls but not including cellars, unenclosed porches and attics not used for human occupancy, floor space in an accessory building and floor space in the main building to the extent intended or designed for the parking of motor vehicles to meet the off-stre¬et parking requirements of this Chapter or for heating and ventilating equipment.

AREA, SITE the total area of a proposed development regardless of the interior lot lines or proposed lots, streets or ease¬ments.

ASSISTED LIVING FACILITY – A facility which is designed and constructed to serve the housing and personal care needs of persons age 55 or older (provided nothing herein shall preclude residency by any person under age 55 who is handicapped), operated by a full-time staff in which supervised round-the-clock services and nursing care are provided for a period exceeding 24 hours for three or more individuals who require only intermittent care to maintain the basic needs of daily living in the areas of hygiene, cooking, cleaning, eating, nutrition, ambulatory care, recreation, community activities and mobility, general safety and similar activities of everyday living. An assisted living facility does not include a nursing home, retirement community, halfway house, drug and alcohol abuse treatment or similar facilities. [Ord 11-11]

AUDITORIUM a room or part of a building for the purpose of meetings, either private or public. [Ord. 92-5]

AUTOMOBILE a motor vehicle except a motorcycle designed for carrying 10 passengers or less and primarily used for the transportation of persons.

AUTOMOBILE GARAGE an accessory building or integral portion of a dwelling unit used primarily for the storage of one or more automobile which use is accessory and incidental to the primary use of the premises; provided, that no business, occupation or service is conducted for profit therein, and that space for storage of not more than one automobile is leased to a nonoccu¬pant of the premises. In the case of a multiple dwelling, an automobile garage shall consist of an accessory or integral part of the dwelling used for storage of not more than two automo¬biles per dwelling unit.

AUTOMOBILE WASHING (CAR WASH) a building designed or used primarily for the washing and polishing of automobiles.

BASEMENT a story, partly underground but having 1/2 or more of its height (measured from floor to ceiling) above the average elevation of the ground along the perimeter of the building.

BLOCK an area divided into lots and usually bounded by streets.

BOARDING HOUSE any building in which more than three persons are individually housed or lodged for hire with or without meals. The term “rooming house” and “furnished rooming house” may be used interchangeably with the term “boarding house” and shall have the meaning set forth in this Section. [Ord. 00-06]

BREWPUB – A restaurant with facilities for brewing beer for on-site consumption and retail sale at the restaurant. A brewpub must derive at least 40 percent ot its grow revenue from the sale of food. [Ord. 15-09]

BUILDING a combination of materials to form a permanent structure having walls and a roof including, but not limited to, all mobile homes and trailers.

BUILDING COVERAGE the percentage of the lot or lot area covered by the building.

BUILDING, DETACHED a building surrounded by open space on the same lot.

BUILDING HEIGHT the vertical distance between the average elevation of the proposed finished grade along the entire front of the building and the highest point of the roof for flat roofs and the deck lines for mansard roofs and the mean height between eaves and ridges for gable, hip and gambrel roofs but not including chimneys, towers, spires, elevator penthouses, tanks, railing and similar projections.

BUILDING LINE a line parallel to and a sufficient distance from the front, side or rear lot line so as to provide the required yard.

BUILDING, MAIN the building in which the principal use of the lot is conducted.

BUILDING SETBACK LINE a line parallel to the lot or property lines designating the minimum distance from said lot or property lines that a building or structure may be erected under the various land requirements of this Chapter. [Ord. 00-01]

CAMP land and any buildings thereon used for an assembly of persons for what is commonly known as “day camp,” purposes not for profit, whether occupied by adults or children, as individu¬als, families or groups.

CAMPING GROUND a parcel of land used or intended to be used by campers for seasonal, recreational or other similar temporary living purposes associated with the use of buildings of a movable, temporary or seasonal nature, such as cabins, tents or shelters but not including a mobile home park.

CARPORT an open space for the parking or storage of only those automobiles owned or leased by the occupants of the main building to which the carport is an extension or is accessory whether or not covered by a roof and whether or not it has a wall or walls.

CARTWAY the portion of a street or alley improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder.

CELLAR a story, partly underground and having more than 1/2 of its height (measured from floor to ceiling) below the average elevation of the ground along the perimeter of the building.

CEMETERY a burial place or ground, a graveyard including mausoleums, crematories and columbariums.

CHILD CARE FACILITY – any dwelling or building in which child care services are provided. Child care services shall be classified as follows: family day care home, group day care home, child day care center, private nursery and kindergarten. [Ord. 92-5]

CHILD DAY CARE CENTER – a facility in which care is provided for seven or more children at any one time and where the child care areas are not also being used as a family residence. [Ord. 92-5]

CLUB HOUSE a building housing a fraternal lodge or social or recreation organization not conducted for private profit and not an adjunct to, or operated by or in connection with a tavern, cafe or other public place.

COMMON OPEN SPACE a parcel or parcels of land or an area of water or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of the development, not including streets, off street parking areas and area set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for the recreation of residents.

COMPREHENSIVE PLAN The complete plan for the continuing development and redevelopment of Hampden Township as recommended by the Planning Commission, adopted by the Township Commission¬ers and currently in effect.

CONDITIONAL USE a use which is permitted in one or more zoning districts pursuant to applicable conditions, stan¬dards and criteria expressed in this Chapter upon the recommendation of the Planning Commission and upon the approval of the Township Commissioners.

CONTRACTORS’/LAWN AND GARDEN EQUIPMENT SALES AND SERVICE – a building designed and used primarily for the display, rental, or sale of contractors’ and builders’ tools and equipment, home repair tools, or lawn and garden equipment, and may include the routine maintenance, repair and servicing to said tools and equipment. [Ord. 2015-05]

CONVALESCENT HOME a building in which accommodations are provided for the full time care of aged, disabled, infirm or invalid persons. The term “nursing home” may be used inter¬changeably with the term “convalescent home” and shall have the meaning set forth in this Section.

CONVENIENCE STORE A building or part of a building used for the retail sale of household items and sundries, devoted primarily to foodstuffs and/or vehicle fuel, and which use shall occupy not more than 7,000 square feet of floor area. [Ord. 12-01, amended by Ord. 15-09]

COUNTY the County of Cumberland, Pennsylvania.

COUNTY PLANNING COMMISSION the Planning Commission of the County of Cumberland.

COURT an unoccupied open space, other than a yard, on the same lot with a building and bounded on two or more sides by the walls of such building.

COURT, INNER a court enclosed on all sides by walls.

COURT, OUTER a court enclosed on not more than three sides by walls with one side open to a street, driveway, alley or yard.

CROSSWALK a right of way, publicly or privately owned, intended to furnish access for pedestrians.

CUL DE SAC a minor street intersecting another street at one end and terminated at the other by a vehicular turnaround.

CURB LEVEL for an interior lot, the mean level of the curb in front of the building or portion thereof. For a corner lot, the mean level of the curb on the street of the greatest cartway width where it abuts the lot. Where no curb has been estab¬lished or where the building does not abut the street or is built upon a terrace, the average elevation of the street where it abuts the lot or of the ground along the perimeter of the building, as applicable.

DECK – A flat, floored, roofless area adjoining a dwelling unit. [Ord. 15-09]

DESIGNATED FLOODPLAIN AREAS a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation in a 100 year flood as designated in Part 4 of this Chapter.

DEVELOPER any landowner who makes or causes any develop¬ment of a tract or parcel of land or a lot.

DEVELOPMENT any manmade change to improved or unimproved real estate including, but not limited to, the construction or place¬ment of buildings or other structures, mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land.

DEVELOPMENT PLAN the provisions for a development includ¬ing a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of the development plan” when used in this Chapter shall mean written and graphic materials referred to in this definition.

DISPENSARY – A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health of the Commonwealth of Pennsylvania under Act 16 of 2016, to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19, Research Program. [Ord. 2017-09]

DISTRICT ZONE all areas and improvements within the boundaries designated on the Zoning Map. The terms “district,” “zoning district” and “zoning classification” may be used interchange¬ably with the term “district zone” and shall have the meaning set forth in this Section.

DOG KENNEL the keeping of more than four dogs for breed¬ing, hunting, boarding or sale, provided that the keeping of litters of puppies not exceeding 6 months in age shall not constitute a dog kennel.

DOMESTIC ANIMAL An animal which is commonly kept within the household as a pet including a dog, cat, parakeet and hamster. “Domestic animal” does not include animals which can be or have been domesticated but which are not commonly regarded as pets.

DORMITORY a building occupied by or maintained exclusive¬ly for housing faculty, students, employees, staff members and other persons affiliated with a school, church, recreational or educational facility or other recognized institution.

DOUBLE FRONTAGE LOT an interior lot which abuts a street in both the front and rear.

DRIVEWAY a private vehicular passageway providing access between a street and a private parking area or private garage.

DUMP a parcel of land used primarily for the disposal by abandonment (including dumping, burial, burning or any other means and for whatever purpose) of garbage, sewage, trash, refuse junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DWELLING any building which is designed for human living quarters but not including hotels, boarding houses, tourist cabins, motels and other accommodations used for transient occupancy.

DWELLING UNIT an independent housekeeping unit consisting of living quarters of one or more rooms arranged for use by one or more individuals with cooking, living, sleeping and sanitary facilities.

DWELLING GROUP one or more buildings containing dwelling units and constituting two or three sides of a court which opens onto a street.

DWELLING, MULTIPLE – A building designed for, occupied or used by three (3) or more families living independently of each other, wherein each dwelling unit or apartment shall contain private bath and kitchen facilities including those which may or may not have common entrances and halls. [Ord. 15-09]

DWELLING, SINGLE FAMILY ATTACHED a building used by one family which has two party walls in common with other buildings such as a row house or townhouse. [Ord. 98-7]

DWELLING, SINGLE FAMILY DETACHED a building containing one dwelling unit and having no party wall in common with an adjacent building.

DWELLING, SINGLE-FAMILY, SEMIDETACHED – A building containing one (1) dwelling unit used by one (1) family, and having a party wall in common with an adjacent building and having one (1) side yard. [Ord. 15-09]

DWELLING, TWO FAMILY DETACHED a building containing two dwelling units with one dwelling unit being wholly or partly above the other which has no party wall in common with an adjacent building and which may or may not have a common entrance.

DWELLING, TWO FAMILY SEMIDETACHED a building containing two dwelling units with one dwelling unit being wholly or partly above the other which has a party wall in common with an adjacent building and which may or may not have a common entrance.

ENGINEERING SPECIFICATIONS the engineering criteria of the Township regulating the installation of any improvement or facility.

ELECTRIC SUBSTATION an assemblage of equipment for purposes other than generation or utilization through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public.

FAMILY one or more persons who live in one dwelling unit and maintain a common household whether or not related by blood, marriage or adoption. The term family may include domestic servants and gratuitous guests but does not include members or occupants of a club, fraternity or boarding house.

FAMILY DAY CARE HOME any dwelling other than the child’s own home operated for profit or not for profit, in which child care is provided for four to six children at any one time and who are not relatives of the care provider. [Ord. 92-5]

FARM any parcel of land which is gainfully used in the raising of agricultural products, livestock, poultry and dairy products, including necessary farm structures and equipment but excluding land used for riding academies, and livery or boarding stables. [Ord. 2017-10]

FARMER’S MARKET – An occasional or periodic retail sales use, typically but not always located out of doors, of one or more producers that primarily sells farm products, or items processed from farm products, directly to consumers. [Ord. 15-09]

FENCE any structure constructed of wood, metal, wire, mesh, masonry or any combination thereof, including a free standing masonry wall, erected for the purpose of separating or screening one property from another to assure privacy, protect property or for containment.

FLEX SPACE BUILDING – (Repealed by Ord. 03-01, 01/02/03, §1)

FLOOD a temporary inundation by water of normally dry land areas.

FLOODWAY DISTRICT see Part 4 of this Chapter.

FLOOD FRINGE DISTRICT see Part 4 of this Chapter.

FLOOR AREA, BUILDING the sum of the gross horizontal areas of all floors of a building or structure and its accessory build¬ings on the same lot excluding cellar and basement floor areas not used as primary living, sleeping or business areas but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA, HABITABLE the aggregate of the horizontal areas of all rooms used for habitation such as living room, dining room, kitchen and bedroom but not including hallways, stairways, cellars, attics, service or utility rooms, bathrooms, closets or unheated areas such as enclosed porches. The floor area of a habitable room shall have a ceiling height of at least 7 feet and that portion of a room which has ceiling height of less than 5 feet shall not be considered part of the habit¬able floor area.

FLOOR AREA, RETAIL NET all that space used by customers and retail employees to consummate retail sales and to include display areas used to indicate the variety of goods available for sale but not to include office space, storage space and other general administra¬tive areas.

FRONTAGE, BLOCK the number of lineal feet of land abutting upon a street, measured between two parallel intersecting streets.

GARAGE, PUBLIC a building or portion thereof other than an automobile garage designed for servicing, repairing, equipping, renting, selling or storing motor vehicles.

GOVERNING BODY the Board of Commissioners of this Township.

GRADE, FINISHED the completed surfaces of lawns, walks or streets brought to the grades shown on official plans, drawings or designs relating thereto.

GROUND FLOOR the floor of a building closest to the average elevation of the finished grade along the entire front of the building.

GROUP DAY CARE HOME a facility in which care is provided by a resident provider for more than six but less than 12 children at any one time and where the child care areas are being used as a family residence. [Ord. 92-5]

GROWER/PROCESSOR – A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Department of Health of the Commonwealth under Pennsylvania Act 16 of 2016, to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19, Research Program. [Ord. 2016-05]

HEALING ART – the science of prevention, diagnosis and/or treatment in any manner whatsoever of illness, ailment, disease or injury of and to humans or animals as performed by physicians (including all disciplines and specialties) surgeons, osteo¬paths, chiropractors, dentists, physical therapists, veterinari¬ans and similar practitioners without limitation, who confer with, examine and/or treat patients in an office in this Township. [Ord. 93-21]

HEIGHT OF BUILDING the vertical distance between the average elevation of the proposed finished grade along the entire front of the building and the highest point of the roof for flat roofs, the deck lines for mansard roofs and the mean height between eaves and ridges for gable, hip and gambrel roofs but not including chimneys, towers, spires, elevator penthouses, tanks, railings and similar projections.

HELIPORT – An area, either at ground level or elevated on a structure, licensed by the federal government, the Pennsylvania Department of Transportation, Bureau of Aviation, or an appropriate state agency and approved for the loading, landing, and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment. [Ord. 2017-12]

HELISTOP – A heliport but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment. [Ord. 2017-12]

HOSPITAL sanitarium, preventorium, clinic or any other place having as its primary purpose the diagnosis, treatment or other care of human ailments and having facilities to carry out such treatment or care on a full time basis and duly licensed as a hospital by the Commonwealth of Pennsylvania or its agencies.

HOSPITAL AND MEDICAL CAMPUS – a group of buildings located on a single tract of land that includes a Hospital and other buildings utilized for the Healing Arts, which may include but are not limited to professional office space designed and used primarily for the diagnosis, treatment and out-patient care of human patients by an individual practitioner or an association or group of licensed physicians or similar professional health-care practitioners, which may include out-patient operating rooms, physician Professional Offices, offices for any of the Healing Arts, Medical Clinic-Limited, pharmacies located within a hospital or medical building, and related Accessory Uses. [Ord. 16-07]

HOTEL a building consisting of not less than 15 lodging rooms designed or occupied primarily as the temporary place of abode of individuals who are lodged for compensation (with or without meals) in which provisions for cooking are generally not made in individual rooms or suites.

HOTEL, RESIDENTIAL a hotel which is occupied by permanent guests and which may or may not have housekeeping facilities for each room or suite of rooms.

HUB HEIGHT – the distance measured from the surface of the tower foundation to the height of the Wind Turbine hub, to which the blade is attached. [Ord. 09-01]

IMPERVIOUS MATERIAL Any substance placed on a lot which covers the surface in such fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, paved driveways and parking areas, (including paver blocks and porous paving) swimming pools, decks at grade or that otherwise do no have vegetative cover underneath, and other nonporous structures or materials. [Ord. 85 4; Ord.99-06; Ord. 15-09]

INDEPENDENT LIVING FACILITY – A building containing multiple residential dwelling units, in which at least one of the residents in each dwelling unit is at least 55 years of age or older, which qualifies for the exemption to the prohibition against discrimination based on familial status found in Section 3607(b)(1) of the United States Fair Housing Act, 42 U.S.C. § 3607(b)(1), and the Housing for Older Persons Act of 1995 and the regulations promulgated thereunder. The facility may include accessory uses such as common kitchen facilities and dining rooms, activity and meeting rooms, storage areas, recreation and exercise facilities, sundries store, administrative offices and a beauty/barber shop. [Ord 11-11]
INDUSTRIAL PARK a tract of land laid out in accordance with an overall plan for a group of industries, having separate building sites designed and arranged on streets, utility services, setbacks, side yards, landscaped yards and covenants controlling or restricting uses and the architecture or design of buildings and structures.

JUNKYARD any lot, land, structure or part thereof which is used primarily for the collection, storage or sale of waste paper, rags, scrap metal or discarded material or for the collection, dismantling, storage, salvaging or sale of machin¬ery, vehicles or parts thereof not in running condition.

KENNEL – A facility licensed through the Department of Agriculture, containing indoor and outdoor housing facilities for the sheltering of four or more domestic animals in accordance with the Pennsylvania Code, Title 7, Chapter 21, as amended or revised and shall not include animal breeding. [Ord. 2017-10]

LAND DEVELOPMENT any of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

B. A subdivision of land.

C. The expansion of any commercial or industrial facility in excess of 20% of the existing operation.

[Ord. 92-5 and by Ord. 2017-02]

LANDOWNER the legal, equitable or beneficial owner or owners of land including the holder of an option or contract to purchase for a lump sum or over installments (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years or any other person having a proprietary interest in land.

LINE, STREET the dividing line between a street and a lot or land abutting the street, also known as a right of way line.

LODGING HOUSE a building or a portion thereof which contains not more than one dwelling unit where lodging without meals is provided for three or more persons in addition to the family living in the dwelling unit but not including a hotel, apartment hotel or residential hotel.

LOT a designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit. [Ord. 92-5]

LOT, CORNER a lot abutting upon two or more streets at their intersection. [Ord. 92-5]

LOT COVERAGE the area of any lot covered by impervious material. [Ord. 85 4]

LOT DEPTH the average distance between the street line and the rear lot line.

LOT, DOUBLE FRONTAGE an interior lot which abuts streets in both the front and rear.

LOT, INTERIOR a lot having side lot lines which do not abut on a street.

LOT, NONCONFORMING a lot which does not conform to the area or dimension requirements of the district zone in which it is located.

LOT, REVERSE FRONTAGE a lot which abuts upon both a collector street and an arterial street with vehicular access limited to the former.

LOT, MINIMUM WIDTH (FRONT) the distance between the side lot lines measured at the building setback line unless otherwise provided in this Chapter.

LOT LINE a boundary line of a lot.

LOT LINE, FRONT – lot line separating the front of the lot from the street other than an alley. On a corner lot, all lot lines which abut a street other than an alley shall be front lot lines. On Double Frontage and Reverse Frontage Lots, the front lot line shall be the lot line which abuts the street providing the primary access to the lot.[Ord. 15-09]

LOT LINE, REAR a lot line which is parallel to or within 45 degrees of being parallel to the front line. In the case of a lot of an odd shape, the lot line furthest in average distance from the front line.

LOT LINE, SIDE any lot line which is neither a front line nor a rear lot line.

MANUFACTURED HOME – a structure, transportable in one or more sections, built on a permanent chassis and designed for use with or without a permanent foundation and attached to required utilities. Said term includes a structure which would otherwise qualify as a “recreational vehicle” as defined generally herein but which is to be located on a site for more than 180 consecu¬tive days or which is not fully licensed or ready for highway use. Said term is synonymous with the term “mobile home” as defined herein and shall be substituted for the words “mobile home” when the latter are used in conjunction with the words “lot,” “park,” “sales garage,” “sales lot.” [Ord. 93-10]

MANUFACTURING the processing and/or converting of raw unfin¬ished materials or finished materials or products or any combination of them into an article or substance of different character or for use for a different purpose. In addition to the foregoing, the term “manufacturing” shall include industries furnishing labor in manufacturing or in the refinishing of manufactured articles.

MAJOR THOROUGHFARES a street or highway which constitutes an existing or planned principal route of travel.

MAJOR THOROUGHFARE, RESTRICTED or LIMITED ACCESS a major thoroughfare or part thereof with respect to which the location and manner of access from abutting property and other streets is limited by the Township or the Pennsylvania Department of Transportation.

MEDICAL CLINIC-LIMITED – professional office space designed and used primarily for the diagnosis, treatment and in-patient care of human patients by an individual practitioner or an association or group of non-surgical, licensed physicians or similar professional health-care practitioners, but which is not used as operating rooms for major surgery. A sleep disorder clinic is considered an example of a medical clinic-limited use. [Ord. 08-07]

MEDICAL MARIJUANA – Marijuana for certified medical use as set forth in Pennsylvania Act 16 of 2016. [Ord. 2016-05]

MEMORY CARE SERVICES – A distinct form senior living that specifically caters to patients with Alzheimer’s disease, dementia, and other types of memory problems. Memory care units usually provide 24-hour supervised care within a separate wing or floor of a Personal Care Home of Assisted Living Facility. [Ord. 15-12]

MICROBREWERY – A facility for the brewing of beer that produces less than 15,000 barrels per year. It may include a tasting room and retail space to sell the beer to patrons on the site. [Ord. 15-09]

MOBILE HOME a transportable, single family dwelling intended for permanent occupancy, office or place of assembly contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly opera¬tions and constructed so that it may be used without a permanent foundation. It is the original construction used without a permanent foundation. It is the original construction which determines whether or not a building or structure is a “mobile home” and a mobile home shall not lose its identify as such by being placed upon a permanent foundation or by otherwise being permanently affixed to the ground or by being given other attributes of permanency of location.

MOBILE HOME LOT 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 which is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK a parcel of land under common ownership which has been planned and improved for the placement of mobile homes for nontransient use consisting of two or more mobile home lots, which lots are rented or leased but not sold or otherwise subdivided.

MODULAR HOUSING a dwelling unit assembled or partially assembled away from the site on which it will be located and produced as a standardized unit.

MOTEL a building or group of buildings whether detached or in connected units containing individual sleeping or dwelling units designed and used primarily for transient automobile travelers together with accessory off street parking facilities. The terms “automobile court,” “tourist court,” “motor lodge,” and “motor hotel” shall be used interchangeably with the term “motel” and shall have the meaning set forth in this Section.

MOTOR VEHICLE a device which is self propelled (except one which is propelled solely by human power) in, upon or by which any person or property is or may be transported or drawn upon a street or highway.

MOTOR VEHICLE BODY SHOP a building used primarily for the repair or painting of bodies, chassis, wheels, fenders, bumpers or accessories of motor vehicles and replacement of body parts.

MOTOR VEHICLE REPAIR GARAGE a building designed or used primarily for mechanical or body repairs, storage and rental of motor vehicles. [Ord. 85 4]

MOTOR VEHICLE SERVICE STATION a building designed or used primarily for the retail sale of gasoline, oil or other fuel or for cleaning or servicing of motor vehicles.

MOTOR VEHICLE or MOBILE HOME SALES GARAGE a building designed and used primarily for the display or sale of new or used motor vehicles or mobile homes.

MOTOR VEHICLE or TRAILER SALES LOT an open lot used primarily for the outdoor display or sale of new or used motor vehicles or mobile homes.

MOTOR VEHICLE WRECKING the dismantling or wrecking of motor vehicles or the storage, sale or dumping of dismantled, partial¬ly dismantled, obsolete or wrecked motor vehicles or their parts.

MULTI-VENDOR INDOOR MARKET – the indoor sale or display for sale, barter or exchange by two or more persons of new or used merchandise, antiques, crafts items, homemade goods, food or any other personal property from tables or spaced leased, rented or provided to vendors within a building. This use is characterized by, but not limited to, a series of sales or displays in sufficient number or character to constitute a regular course of business. The commonly used terms of “flea market”, “swap meet” and “tag sales” are interchangeable with a multi-vendor indoor market when conducted indoors within a building. [Ord. 06-04]

MULTI-VENDOR OPEN AIR MARKET – the outdoor sale or display for sale, barter or exchange by two or more persons of new or used merchandise, antiques, crafts items, homemade goods, food or any other personal property from tables or space leased, rented or provided to vendors. This use is characterized by, but not limited to, a series of sales or displays in sufficient number or character to constitute a regular course of business. The commonly used terms of “flea market”, “swap meet” and “tag sales” are interchangeable with a multi-vendor open air market. [Ord. 06-04]

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

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B. The business shall employ no employees other than family members residing in the dwelling.

C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. The business may not involve any illegal activity.

[Ord. 02-06]

NONCONFORMING BUILDING or STRUCTURE a structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure existed lawfully prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. [Ord. 92-5]

NONCONFORMING LOT – a lot, the area or dimensions of which, was lawful prior to the enactment or amendment of a zoning ordi¬nance, but which fails to conform to the requirements of a lot in the zoning district in which it is located by reason of such subsequent enactment or amendment. [Ord. 92-5]

NONCONFORMING USE a use, whether of land or of a building or structure, which does not comply with the applicable use provisions of this Chapter where such use was lawfully in existence prior to the enactment of this Chapter.

NON-RESIDENTIAL SOLAR ENERGY SYSTEM – a solar energy system which is an accessory use to a permitted non-residential use in any zoning district that permits non-residential uses.

OCCUPANCY PERMIT a permit stating that all work indicated on a building permit has been satisfactorily completed or, in cases not involving construction, that a proposed new use is in conformance with this Chapter and that the building or lot may be occupied for that use.

OFFICE BUILDING a building designed or used primarily for office purposes, no part of which is used for manufacturing or for dwelling purposes other than living quarters for a watchman or janitor.

OFFICE, PROFESSIONAL a room or rooms used to carry on one of the following professions: physicians, dentists, architects, engineers, accountants, attorneys, planners, real estate brokers and insurance agents, entitled to practice under the laws of the Commonwealth of Pennsylvania.

OPEN PIT MINING open pit mining shall include all activity which removes from the surface or beneath the surface of the land some material, mineral resource, natural resource or other element of economic value by means of mechanical excavation necessary to separate the desired material from an undesirable one or to remove the strata or material which overlies or is above the desired material in its natural condition and posi¬tion. Open pit mining includes, but is not limited to, the excavation necessary to the extraction of sand, gravel, rock, topsoil, limestone, sandstone, coal, clay, shale and iron ore for commercial or industrial consumption.

OPEN SPACE unimproved land open to the sky on the same lot with a building.

PARK a parcel of land designed for outdoor enjoyment that is open or free of play areas but may include such facilities as bicycle trails, hiking paths, family picnic areas, etc.

PARKING LOT the space within a building or a lot contain¬ing parking spaces with ingress and egress limited by entrance and exit drives.

PARKING SPACE the space within a building or on a lot or parking lot for the parking or storage of one motor vehicle off the right of way of a public street or road.

PATIO – A recreational area, usually, but not limited to, being roofless, adjoining a dwelling unit. [Ord. 15-09]

PERSON an individual, partnership, corporation or other legally recognized entity.

PERSONAL CARE HOME – A facility in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, who do not require the services in or of a nursing home, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living as those terms are defined in 55 Pa. Code §2600.4. A Personal Care Home may include a component for Memory Care Services. A Personal Care Home does not include a nursing home, retirement community, halfway house, drug and alcohol abuse treatment or similar facilities. [Ord. 15-12]

PERSONAL SERVICE – A business primarily engaged in providing services generally to individuals, by persons who may or may not be licensed by the Commonwealth of Pennsylvania, such as barbers, beauticians, manicurists, massage therapists, personal trainers, spas and salons, tailors and dressmakers and other establishments primarily engaged in providing services involving the care of a person or his or her apparel. [Ord. 15-09]

PLANNED RESIDENTIAL DEVELOPMENT a group of dwelling units together with public services, open space and recreation areas erected on an area of land controlled by a landowner conforming to density, lot coverage, open space and other requirements as specified by this Chapter.

PLANNING COMMISSION unless clearly indicated otherwise, the Planning and Zoning Commission of the Township of Hampden or its successor.

PLAN, SKETCH an informal plan, not necessarily to scale, indicating salient existing features of a tract and its sur¬roundings and the general layout of a proposed subdivision or use.

PLAT a map or plan of a subdivision or use indicating the location and boundaries of individual properties.

PLAT, FINAL a complete and exact plat prepared for official recording as required by statute.

PLAT, PRELIMINARY a tentative plat, in lesser detail than the final plat, indicating the approximately proposed layout of a subdivision or use as a basis for consideration prior to preparation of the final plat.

PLAYFIELD – a parcel of land developed with recreational facilities limited to field sports (baseball, football, softball, etc.).

PLAYGROUND a parcel of land used for recreational activi¬ties and containing recreational facilities such as play apparatus and courts (basketball, tennis, etc.).

PORCH a roofed, open structure projecting from the side, front or rear wall of a building, other than a carport.

PRIVATE not owned, operated or controlled by a government agency.

PRIVATE NURSERY AND KINDERGARTEN – a facility in which five or more children between the ages of 3 through 6 years are gathered regularly for the purpose of developing intellectual, emotional, physical and/or social skills, and the operator possesses a valid license therefor issued by the State Board of Private Academic Schools (or its successor) of the Department of Education of the Commonwealth of Pennsylvania. [Ord. 92-5]

PRIVATE ROAD an easement or right of way not dedicated for public use which provides access to a lot in private ownership.

PUBLIC Owned, operated or controlled by a government agency.

PUBLIC NOTICE notice published once each week for 2 successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than 7 days from the date of the hearing. [Ord. 98-7]

PUBLIC UTILITY – a business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, transportation or telephone service. The term is intended to include structures and/or facilities such as transformer stations, substations, pumping stations, telephone exchanges, telephone or radio repeaters or other similar utility installations, but is not construed to include business offices, plants, storage yards, storage buildings, transmission wire towers, motor maintenance facilities or similar support installations and shall not include telecommunication towers. [Ord. 96-2]

QUARRY, SAND PIT, GRAVEL PIT, BORROW PIT land or part thereof from which stone, sand, clay, gravel or topsoil is or are extracted primarily for sale or commercial or industrial consumption but not including a lot which is graded in prepara¬tion for the construction of a building for which application for a building permit has been made.

RECREATION AREA an area of land, buildings or structures used for any legal form of play, amusement or relaxation.

RECREATIONAL VEHICLE a self-propelled motorcoach; travel trailer whether solid-sided or pop-up and whether connected to power source by fifth-wheel or tongue; towing trailers for transportation of boats, motorcycles, snowmobiles, personal water craft, and/or other recreational devices; detachable living quarters made mobile by attachment to another motor vehicle. The term shall not include a mobilehome when located in a mobilehome park or when otherwise complying with the concept of a detached dwelling house. (Ord. 00-04, 3/2/00)

REGULATORY FLOOD the flood that has one chance in 100 (or a 1% chance) of being equaled or exceeded in any year. For the purposes of this Chapter, the 100 year flood (base flood) is defined by the Federal Insurance Administration, U.S. Department of Housing and Urban Development, in “Flood Insurance Study, Township of Hampden, Cumberland County, Pennsylvania. ”

REGULATORY FLOOD ELEVATION the elevation of the regulatory flood at a point.

RETAIL SERVICES – Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental t othe sale of such goods. [Ord. 15-09]

RESIDENTIAL SOLAR ENERGY SYSTEM – a solar energy system which is an accessory use to a permitted residential use in any zoning district that permits residential uses.

RIDING ACADEMY an establishment where horses are kept for riding or driving or are stabled for compensation or incidental to the operation of a club, association, ranch or similar establishment.

ROADSIDE STAND a temporary structure for the seasonal vending of agricultural products grown on the premises where said stand is maintained.

SANITARIUM, SANITORIUM a private hospital whether or not such facility is operated for profit.

SCHOOL a nonprofit educational institution, either public or private, where the course of instruction parallels the require¬ments of the Department of Education of the Commonwealth of Pennsylvania for public elementary and/or secondary schools and, in the case of a private school, such institution shall have complied with the registration requirements of the Department of Education and adhere to the attendance laws of the Commonwealth of Pennsylvania.

SCHOOL, COLLEGE an educational institution, either public or private, having regular sessions with employed instructors and providing general education above the level of the secondary school. The term “college” includes the terms “junior college” and “university.”

SCREEN PLANTING unless otherwise indicated, a vegetative material of sufficient height and density to conceal from the view of property owners in adjoining districts, the structures and uses on the premises on which the screen planting is required.

SELF-SERVICE STORAGE FACILITY – any real property designed and used for the purpose of renting or leasing individual storage spaces to tenants who are to have access to such space for the purpose of storing and removing personal property. [Ord. 98-2]

SENIOR LIVING FACILITY – A facility that is designed and constructed to serve the needs of persons age 55 or older. A senior Living Facility may include multiple uses within a single building. Such uses may include any or all of the following: Independent Living Facility, Assisted Living Facility, Personal Care Home and Memory Care Services. A Senior Living Facility does not include a nursing home, halfway house, drug and alcohol abuse treatment or similar facilities. [Ord. 15-12]

SEWER, PRIVATE an onlot sewage disposal system generally providing for disposal of effluent from only one building or from a group of buildings on a single lot.

SEWER, PUBLIC the municipal sewage system operated by this Township.

SHOPPING CENTER An area of land occupied by a cohesive group of three or more retail stores, service facilities or other commercial uses arranged and constructed according to a plan and having common off-street patron parking as an integral part of the use of the land. [Ord. 04-05]

SLEEP DISORDER CLINIC – A facility staffed by an individual licensed medical practitioner or an association or group of licensed medical practitioners, which is designed and used for the diagnosis and treatment of human sleep disorders, but used neither for operating rooms for major surgery nor for patient stays of more than 24 hours. Sleep disorder is a disturbance of normal sleep patterns, ranging from trouble falling asleep, to nightmares, sleepwalking, and sleep apnea (problems with breathing that cause loud snoring). [Ord. 08-07]

SOIL PERCOLATION TEST a field test conducted to determine the absorption capacity of soil to a specified depth in a given location for the purpose of determining suitability of soil for onsite sewage disposal.

SOLAR ENERGY SYSTEM – a system and all associated equipment which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.

SOLAR PANEL – a structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy, heat water or produce hot air or preform any similar function by way of a solar energy system.

SPECIAL EXCEPTION permission or approval granted by the Zoning Hearing Board pursuant to applicable provisions of this Chapter.

SPECIFIED ANATOMICAL AREAS – As used in this chapter, includes any of the following:

A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
[Ord. 2017-11]

SPECIFIED SEXUAL ACTIVITIES – As used in this chapter, includes any of the following:

A. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts.
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
C. Masturbation, actual or simulated.
D. Human genitals in a state of sexual stimulation, arousal or tumescence.
E. Excretory functions as part of or in connection with any of the activities set forth in Subsections A through D of this definition.
[Ord. 2017-11]

STABLE, PRIVATE a land use or an accessory building in which horses are kept for private use and not for hire, remuneration or sale and shall not include the boarding of horses and instruction in equestrian skills.

STABLE, PUBLIC a land use or building in which horses are kept for remuneration, hire or sale.

STORY the portion of any building located between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between such floor and the ceiling next above it.

STORY, HALF a story next under a gabled, hipped or gambreled roof the wall plates of which on at least two opposite exterior walls are not over 2 feet above the finished floor of such story.

STREET an existing or platted way dedicated for the use of the general public, graded and paved or to be graded and paved, in order that the general public has the right to pass and to use it at all times for all purposes of travel, transportation or parking to which it is adapted, devoted and not otherwise restricted. The word “street” shall be synonymous with the words “road”, “avenue”, “highway’, “parkway” and other terms commonly applied to public highways but shall not be synonymous with or construed to mean or be the same as “alley” or “private road”.

STREET LINE the legal right of way line of a street or road.

STREET WIDTH the shortest distance between street lines at a given point.

STREET GRADE the officially established grade of the street upon which a lot fronts or, if the lot abuts upon a street on a side or in the rear, the officially established grade of such street at the midpoint of the portion of the lot abutting thereon or, if there is no officially established grade, then “street grade” shall mean the existing grade of the street at the midpoint of the portion of the lot abutting thereon.

STREET, COLLECTOR a street which gives minimum emphasis to travel mobility which is characterized by low travel speeds, full land access, neighborhood penetration and which serves minor traffic generators such as local elementary schools, small individual industrial plants, offices, commercial facilities and warehouses not served by principal or minor arterials.

STREET, FREEWAY a limited access street designed for large volumes of traffic between communities of 50,000 residents or more and major regional traffic generators (such as central business districts, suburban shopping centers and industrial areas).

STREET, INTERSTATE HIGHWAY limited access streets designed for traffic between major regional areas or urban communities of 50,000 residents or more which extend beyond state boundaries and with respect to which access and egress are limited to interchanges located and designated by the U.S. Department of Transportation.

STREET, MINOR ARTERIAL a street which gives greater emphasis to land access and which has a lower level of through traffic mobility than a principal arterial and which serves larger schools, industries, hospitals and small commercial areas not incidentally served by a principal arterial.

STREET, PRINCIPAL ARTERIAL a street which provides minimal land access but which retains a high degree of through traffic mobility and which serves major centers of urban activity and traffic generation.

STRUCTURE any manmade object having an ascertainable station¬ary location on or in land or water, whether or not affixed to the land. A structure does not include construction at grade level such as patios, sidewalks or driveways, nor does it include fences or private swing sets and related play equipment. [Ord. 03-03]

SWIMMING POOL, PRIVATE- Any structure intended for swimming or recreational bathing that contains water over 24 inches (610mm) deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas. Farm pools and/or lakes are not included, provided that swimming was not the primary purpose for their construction or the primary use.

SUBDIVIDER the owner of a lot, tract or parcel of land to be subdivided under the land development and subdivision ordinance of this Township.

SUBDIVISION the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residen¬tial dwelling, shall be exempted. [Ord. 92-5]

SWIMMING POOL, PRIVATE any reasonable permanent pool or open tank not located within a completely enclosed building, capable of containing water to a depth at any point greater than one and one half feet. Farm pools and/or lakes are not included, provided that swimming was not the primary purpose for their construction or the primary use.

TELECOMMUNICATION TOWER – a tall structure for communication by electronic or electric means, as through radio, telephone, telegraph, television or computers. [Ord. 96-2]

TELEPHONE EXCHANGE BUILDING a building and equipment therein used or to be used for the purpose of facilitating transmission and exchange of telephone messages between subscribers not including public business facilities, storage of outside plant materials, trucks or repair facilities or housing for outside repair crews.

TERRACE a natural or artificial embankment between a building and its lot lines, the height of which shall be the difference in elevation between the curb and the highest point of the embankment.

THEATER a building or part of a building devoted to the showing of motion pictures or theatrical productions on a paid admission basis.

THEATER, OUTDOOR DRIVE IN an open lot or part thereof with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in motor vehicles or on outdoor seats.

TOURIST CABINS a group of buildings consisting of separate cabins or a row of cabins which contain living and sleeping accommodations for transient occupancy with individual entranc¬es.

TOURIST HOME a dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

TRAVEL TRAILER a vehicular portable structure built on a chassis and designed as a temporary dwelling for travel, recreational and vacation uses having a body width not exceeding 8 feet and a body length not exceeding 32 feet, including a self propelled motor home.

TOWNHOUSE a series of three but not more than 12 single family dwelling units attached by one or more common walls.

TRAILER CAMP a parcel of land under common ownership which has been planned and improved for the placement of two or more travel trailers for temporary dwelling for travel, recreation and vacation use on travel trailer lots rented for such use.

TRANSFORMER SUBSTATION an electric substation containing an assemblage of equipment for purposes other than generation or utilization of electricity through which electric energy in bulk is passed for the purpose of switching and modifying its characteris¬tics to meet the needs of the general public.

TURBINE HEIGHT – the distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane. [Ord. 09-01]

UNDER 21 SOCIAL CLUBS AND ESTABLISHMENTS – a privately owned place of business or leased premises located in the Township of Hampden, any part of which is regularly open to the public, whether by open admission, paid admission, membership or otherwise, and which features entertainment, amusement, food, beverage or other refreshment, and which markets or otherwise operates primarily to attract as members or customers, persons who are under the age of 21 years. [Ord. 02-03]

UNDEVELOPED LAND any lot, tract or parcel of land which has not been graded or in any other manner improved.

USE any activity, occupation, business or operation carried on or intended to be carried or in a building or other structure or on a lot or tract of land.

USE, PRINCIPAL the main or primary use of a lot.

WIND ROTOR – means the blades, plus the hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is mounted on a pole or tower or other suitable structure along with other generating and electrical equipment to form a Wind Turbine. [Ord. 09-01]

WIND TURBINE – a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, wind rotor, tower and pad transformer, if any. [Ord. 09-01]

VARIANCE a modification of or adjustment to a regulation of this Chapter granted by the Zoning Hearing Board pursuant to applicable provisions of this Chapter and the law of Pennsyl-vania.

VEGETATIVE MATERIAL unless otherwise specified, plant life of a type consistent with or commonly associated with the principal use of the lot established by voluntary act in the manner required in this Chapter.

VEGETATIVE, NATURAL plant life indigenous to and existing in a particular location or on a particular lot by involun¬tary or natural growth.

WATERCOURSE a stream of water, river, brook, creek; a channel or ditch for water whether natural or man made.

WATER, PRIVATE an on-lot water generation system which serves only the lot upon which it is located.

WATER, PUBLIC any municipally or privately owned public utility water generation, collection and distribution system or facility.

WINDOW an opening to the outside of a building or struc¬ture, other than a door, which provides all or part of the natural light and/or natural ventilation to an interior space. The glassed portion of a door in an exterior wall shall be consid¬ered a window.

YARD a space which is open to the sky and unoccupied by any building, structure or merchandise for display or sale and which is located on the same lot with a building or structure.

YARD, BUFFER a yard covered with vegetation and intended to provide an area of separation between different districts or uses. A buffer yard may be included within a side or rear yard as otherwise required.

YARD, EXTERIOR an open, unoccupied space between the buildings of a dwelling group or its accessory buildings and the lot line or street line.

YARD, FRONT a yard on the same lot with a main building extending the full width of the lot and situated between the lot line and the front building setback line. Said term shall also mean any open space along a street or road. [Ord. 92-5]

YARD, INTERIOR an open, unoccupied space between the buildings of a dwelling group or its accessory buildings which is not a front, side, rear or exterior yard.

YARD, REAR a yard on the same lot with a main building extending the full width of the lot and situated between the rear lot line and the required rear building line, except on a corner lot where the front yard requirements shall control over the rear yard requirements. [Ord. 92-5]

YARD, SIDE a yard on the same lot with a main building situated between a side line and the corresponding building line and located between the front yard and the rear yard.

ZONING MAP the map establishing the boundaries of the zoning districts of the Township, which map shall be and is a part of this Chapter.

ZONING OFFICER the municipal official duly appointed by the Board of Commissioners to administer and enforce this Chapter.

ZONING PERMIT a permit required by this Chapter in a specific circumstance.

(Ord. 84 2, 3/29/1984, §202; as amended by Ord. 85¬ 4, 4/2/1985, §1; by Ord. 92-5, 2/4/1992, §2; by Ord. 93-10, 6/1/1993, §1; by Ord. 93-21, 12/27/1993, §1; by Ord. 96-2, 8/1/1996, §3; by Ord. 98-2, 1/5/1998, §1(A); by Ord. 98-7, 8/27/1998; by Ord. 00-01, 01/27/2000, §1; by Ord. 02-06, 03/02/00, §1(A); by Ord. 02-03, 8/1/2002, §I(A); by Ord. 02-05, 11/6/2002; by Ord. 03-01, 1/2/2003, §(I)); by Ord. 04-05, 5/27/2004, §I(A)); by Ord. 05-08, 6/02/2005, §1; by Ord. 06-04, 04/02/2006, §1; by Ord. 08-07, 06/26/2008, §2; and by Ord. 09-01, 01/29/2009, §1, by Ord. 12-04, 06/28/2012 §203, by Ord. 13-07, 08/29/2013, by Ord. 15-09, 06/02/2015, by Ord. 2016-05, 09/01/2016, by Ord. 16-07, 10/27/2016, by Ord. 2017-02, 03/02/2017, by Ord. 2017-09, 07/27/2017, by Ord. 2017-10, 07/27/2017, by Ord. 2017-11, 07/27/2017, and by Ord. 2017-12, 08/31/2017)

 

§204. CONSTRUCTION.

All words and phrases of this Chapter shall be construed and interpreted to be consistent with and supple¬menting of the Pennsylvania Municipalities Planning Code, as amended.

(Ord. 84 2, 3/29/1984, §203)

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