Lackawaxen Township Zoning Ordinance Page
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LACKAWAXEN TOWNSHIP PIKE COUNTY ZONING ORDINANCE TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS
100 Repealer............................................................................. 1
101 Title................................................................................ 1
102 Short Title......................................................................... 1
103 Purpose.............................................................................. 1
104 Interpretation ..................................................................... 2
ARTICLE II - COMMUNITY DEVELOPMENT OBJECTIVES
201 Community Development Objectives.................................................... 3
ARTICLE III - DEFINITIONS................................................................. 4
ARTICLE IV - ESTABLISHMENT OF DISTRICTS
401 General Districts ................................................................. 23
402 Official Zoning Map................................................................ 23
403 District Boundaries ............................................................... 23
404 District Intents .................................................................. 24
405 Zoning District Regulations ....................................................... 25
406 Use Regulations.................................................................... 25
Schedule of Uses .................................................................. 26
407 Development Standards ............................................................. 32
Schedule of Development Standards ................................................. 32
ARTICLE V - SUPPLEMENTARY REGULATIONS
500 Introduction....................................................................... 34
501 Permitted Deviations From Required Sizes .......................................... 34
502 Unique Lots and Building Locations................................................. 34
503 Accessory Structures and Uses...................................................... 35
504 Signs.............................................................................. 38
505 Off-street Parking and Loading .................................................... 43
506 Natural Resource Uses and Open Excavations ........................................ 48
507 Non-conforming Uses and Structures................................................. 51
508 Buffer for Waterbodies and Wetlands................................................ 54
509 Conditional Uses and Special Exceptions............................................ 55
510 Residential Cluster Development ................................................... 58
511 Multi-Family Dwellings ............................................................ 61
512 Two-Family Dwelling ............................................................... 6 5
513 Conversion of Dwellings............................................................ 66
514 Performance Standards Applicable to All Uses
In All Districts.................................................................. 66
515 Junkyards ............................................... •........................ 71
516 Water and Sewer.................................................................... 74
LACKAWAXEN TOWNSHIP PIKE COUNTY ZONING ORDINANCE TABLE OF CONTENTS
517 Minimum Residential Standards ..................................................... 75
518 Mobile Homes on Individual Lots ................................................... 75
519 Shopping Centers, Malls, and Reatil/Service
Commercial Buildings .............................................................. 75
520 Flood Plain Management ............................................................ 77
521 Major Impact Developments.......................................................... 82
522 Environmental Impact Statement .................................................... 86
523 Manufactured Housing, Vehicle and Trailer, Sales Operations ....................... 90
524 Hotels, Motels, and Lodging Facilities ............................................ 90
525 Stables, Kennels, and Keeping of Animals .......................................... 91
526 Development on Steep Slopes ....................................................... 94
527 Yard Sales ........................................................................ 95
528 Adult Stores ...................................................................... 96
529 Solid Waste....................................................................... 96
530 Time Shared Ownership............................................................. 97
531 Mobile Home Parks................................................................. 97
532 Recreational Vehicle Parks and Campgrounds (RSLD) ................................ 99
533 Recycling Facilities ............................................................ 102
534 Contracting Businesses and Trades in the
RU - Rural District.............................................................. 104
535 Public and Commercial Access on the Lackawaxen and
Delaware Rivers ................................................................. 106
536 Upper Delaware Overlay District ................................................. 107
537 Temporary Commercial Uses........................................................ Ill
538 Residential Subdivision Facilities and Amenities ................................ Ill
ARTICLE VI - PLANNED RESIDENTIAL DEVELOPMENT REGULATIONS
600 Authorization.................................................................... 112
601 Purposes......................................................................... 112
602 Interpretation................................................................... 112
603 Scope............................................................................ 113
604 Plan Submission and Review Requirements ......................................... 113
605 Standards for Planned Residential Development ................................... 121
ARTICLE VII - ADMINISTRATION
701 Authority........................................................................ 128
702 Permits.......................................................................... 128
703 Fees............................................................................. 129
704 Inspection....................................................................... 129
705 Certificate of Use............................................................... 130
706 Violations ...................................................................... 130
707 Penalties and Remedies .......................................................... 131
708 Zoning Hearing Board ............................................................ 131
709 Appeals to Court and other Administrative Proceedings ........................... 134
710 Amendments ...................................................................... 134
711 Severability..................................................................... 134
ARTICLE VIII - ENACTMENT.............................................................. 135
LACKAWAXEN TOWNSHIP PIKE COUNTY ZONING ORDINANCE
ORDAINING CLAUSE
BE IT HEREBY ORDAINED AND ENACTED by the Board of Township Supervisors of the Township of Lackawaxen, Pike County, by authority of and pursuant to the provisions of Articles VI through X of Act No. 247 of the General Assembly of the Commonwealth of Pennsylvania, approved July 31, 1968, known and cited as the "Pennsylvania Municipalities Planning Code," and any amendments and supplements thereto, as fol1ows:
ARTICLE I - GENERAL PROVISIONS
100 Repealer.
This Zoning Ordinance, as adopted herein and as may be duly amended by the Township Board of Supervisors, shall repeal and replace in total the Lackawaxen Township Zoning Ordinance of October 27, 1978, as amended.
101 Title
AN ORDINANCE PERMITTING, PROHIBITING, REGULATING, RESTRICTING, AND DETERMINING THE USES OF LAND, WATERCOURSES, AND OTHER BODIES OF WATER; THE SIZE, HEIGHT, BULK, LOCATION, ERECTION, CONSTRUCTION, REPAIR, MAINTENANCE, ALTERATION, RAZING, REMOVAL AND USE OF STRUCTURES; THE AREAS AND DIMENSIONS OF LAND AND BODIES OF WATER TO BE OCCUPIED BY USES AND STRUCTURES AS WELL AS COURTS, YARDS, AND OTHER OPEN SPACES AND DISTANCES TO BE LEFT UNOCCUPIED BY USES AND STRUCTURES: THE DENSITY OF POPULATION AND INTENSITY OF USE; CREATING ZONING DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF; AUTHORIZING THE APPOINTMENT OF A ZONING OFFICER; CREATING A ZONING HEARING BOARD; AND PROVIDING FOR THE ADMINISTRATION, AMENDMENT, AND ENFORCEMENT OF THE ORDINANCE, INCLUDING THE IMPOSITION OF PENALTIES.
102 Short Title
This Ordinance shall be known and may be cited as the "Lackawaxen Township Zoning Ordinance."
103 Purpose
This Ordinance is adopted in accordance with an overall land use control program and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.
This Ordinance is enacted for the following purposes:
A. To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare; coordinated and practical community development; density of population; civil defense and disaster evacuation, airports, and national defense facilities; the provisions of adequate light and air; police protection; vehicle parking and loading space; transportation; natural resources, agricultural land and uses; reliable, safe and adequate water supplies; safe and adequate sewage disposal, schools, public grounds and other public requirements and other purposes set forth in the Pennsylvania Municipalities Planning Code.
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B. To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
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In interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of health, safety, morals, and the general welfare of the Township and its citizens. This ordinance is not intended to interfere with or abrogate or annul any rules or regulations previously adopted or permits previously issued by the Township which are not in conflict with any provisions of this Ordinance, nor is this Ordinance intended to interfere with or abrogate or annul any easements, covenants, building restrictions, or other agreements between parties; provided, however, that where this Ordinance imposes a greater restriction upon the use of the buildings or premises or upon the height of the building, or requires a larger open space than is imposed or required by such ordinance, rules, regulations or permits, or by easements, covenants, building restrictions or agreements, the provisions of this Ordinance shall control.
ARTICLE II - COMMUNITY DEVELOPMENT OBJECTIVES
201 Community Development Objectives
This Zoning Ordinance has been adopted in part to assist in implementing the Lackawaxen Township Comprehensive Plan. The Community Development Objectives supplement the Goals and Objectives in the Comprehensive Plan and include, but are not limited to the following:
A. To insure that the land uses of the community are logically situated in
relation to one another.
B. To provide adequate space for each type of development in the community so as
to avoid overcrowding of land.
C. To provide for the control of development density in each neighborhood so that
the populace can be serviced adequately by such facilities as streets, schools, recreation, and utilities systems.
D. To protect existing property by requiring that development afford adequate
light, air, and privacy for persons living and working within the municipality.
E. To facilitate the efficient movement of traffic.
F. To secure the preservation and prudent use of natural resources.
G. To strive for a variety in housing types.
H. To provide for equal opportunities in all facets of community living.
I. To strive for coordination between policies, plans, and programs in the
community through cooperation among governing officials, community interest groups, and the general populace.
J. To spur economic advances and provide an economic climate which would provide an opportunity for all men and women who are capable of working.
ARTICLE III - DEFINITIONS
For the purpose of this Ordinance, the following words, terms and phrases have the meaning herein indicated:
Access Area: A property used as an area of entry to a stream or other body of water for the purpose of launching or landing of watercraft. The access area may also include ancillary services or facilities such as base operations for watercraft rentals and may be operated as a private business.
Accessory Use or Structure: A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
Adult Stores: A use of a building or land for a business which has obscene materials as a significant portion of its stock-in-trade or involves the sale, lease, trade, gift or display of drug paraphernalia. Obscene materials include any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter which depicts or describes, sexual conduct and which, taken as a whole, does not have serious literary, artistic, political or scientific value. Drug paraphernalia includes any objects, devices, instruments, apparatus or contrivances, whose primary and traditionally exclusive use is involved with the illegal use of any and all controlled substances under the Pennsylvania statutes.
Agricultural Use: The use of any parcel of land containing ten (10) or more acres for economic gain in the raising of agricultural products, livestock, poultry and/or dairy products. It includes necessary structures within the limits of the parcel and the storage of equipment necessary for production. It excludes the raising of fur bearing animals, riding academies, livery or boarding stables and dog kennels; and excluding the disposal or use of sludge, septage or similar waste products.
Agriculture Products Processing: An industry that involves the processing of raw agricultural products; and transforming those products into a more refined, prepared or marketable state. Includes, but is not limited to, such uses as sawmills, dairies and food canning and freezing operations.
Agriculture Service Establishment: Establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary and other animal services and farm labor and management services, and farm machinery dealers.
Alterations: As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
Amusement Park: A commercially operated park or facility with various devices for entertainment including but not limited to rides, games, electronic games and similar devices, food stands and other associated facilities.
Animal Hospital: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
Animal Husbandry: The keeping of any livestock including dairy animals, swine or sheep. The keeping of more than one saddle horse or the keeping of any other animals for the purposes of obtaining eggs, fur, meat or milk shall also be considered animal husbandry.
Antique Auto: A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications and which is currently licensed by a State Department of Transportation.
Antique Shop: A retail establishment contained entirely within a building where works of art, furniture, decorative and collectable objects, relics and other objects made at an earlier period than the present (at least thirty [30] years prior to the sale of the item) are sold to the general public. The sales display area of an antique shop shall not exceed nine-hundred (900) square feet in floor area, and any such shop which exceeds said area shall be considered a retail business for the purposes of this Ordinance. An antique shop shall not include any establishment where new or used consumer products of recent origin are sold, any establishment which includes the stripping or refinishing of any item, any wholesale sales, flea markets where more than one vendor displays objects for sale, any outdoor sales, or any establishment where a public auction is conducted.
Applicant: See "Person"
Average Gross Residential Density: The number of dwelling units per acre in a planned residential community, computed by dividing the number of dwelling units which the applicant proposes to construct by the total acreage of the development excluding land occupied by rights-of-way. Other lands set aside for public use, shall be included in the computation. Bodies of water over five (5) acres in size shall not be included.
Bed and Breakfast: Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with meals normally included as a part of the services rendered.
Bluffline: The point at which the plane which constitutes the side of the Delaware River valley intersects with the plane of the plateau adjacent to the River valley, often resulting in a broad precipice or cliff face overlooking the River.
Boarding or Lodging House: Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with meals normally but not necessarily included as a part of the services rendered.
Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, services, goods or materials of any kind or nature.
Building Height: The vertical distance measured from the average elevation of the finished grade at the building or structure to the highest part of the building or structure, excluding chimneys.
Building, Principal: A building in which is conducted the main or principal use of the lot on which said building is situated.
Bus Terminal: An area and/or building where buses are stored or parked on a regular basis with or without bus maintenance and repair facilities.
Campground or Recreational Vehicle (RV) Park: See Recreational Subdivision or Land Development.
Canoe Livery: A business or facility for the leasing or renting of any type of watercraft or waterborne vessel for outdoor water based recreation.
Car Wash: Any building or premises or portions thereof used for washing automobiles for commercial purposes.
Child Care Center: Any establishment enrolling four or more children five (5) years of age or younger and where tuition, fees, or other forms of compensation for the care of the children is charged.
Church: A building used for public worship.
Clearcutting: The removal from a forested tract of land of substantially all trees, for other than agricultural, approved wildlife management practices or other use approved in accord with this Ordinance.
Clear Sight Triangle: An area of unobstructed vision at a street intersection(s), defined by lines of sight between points at a given distance from the intersecting street right-of-way lines.
Club/Lodge, Private: An establishment operated for social, athletic, recreational or educational purposes but open only to members and not generally open to the general public.
Cluster Development: A form of development for single-family residential development that permits a reduction in lot area and certain development standards, provided unit densities permitted under a conventional subdivision are maintained and the resultant land area is devoted to common open space.
Commission: The Planning Commission of Lackawaxen Township
Comprehensive Plan: The Lackawaxen Township Comprehensive Plan including all maps, charts and textual matter.
Conditional Use: A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this Ordinance are present. Conditional uses are allowed or denied by the Township Board of Supervisors after recommendations by the Planning Commission.
Construction: The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.
Convenience Store: A one-story, retail store designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"), it may also include the sale of gasoline but shall not include the repair or service of vehicles.
Corral: An enclosure for confining livestock and which is typically attached to or situated in close proximity to a stable or barn; as contrasted to a pasture.
Country Club: A recreational property owned and managed by membership organization and including recreational facilities, restaurant and meeting rooms.
Deck: An elevated (more than 6 inches) attached accessory structure constructed of wood with no walls or roof. As an attached accessory structure, it must meet the required setbacks for the principle building.
Developer: Any landowner, agent of such owner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
Development Plan: A proposal for a planned residential development, prepared in accordance with this Ordinance and the Township Subdivision Ordinance, including a plat of the subdivision, locations of various uses, and all covenants relating to uses, locations and sizes of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open spaces and public facilities.
Dwelling: A structure or portion thereof which is used exclusively for human habitation.
Dwelling Unit: One (1) or more rooms in a dwelling structure, including a kitchen, sleeping facilities, bath and toilet, designed as a household unit for extended periods of occupancy for living and sleeping purposes by not more than one (1) family at a time.
Dwelling, Multi-family: A building or buildings designed for occupancy by three (3) or more families living independently of each other in separate dwelling units. The term "multi-family dwelling" shall include condominium as well as non-condominium housing units including the following construction types:
A. Residential Conversion to Apartments - Conversion of an existing single-family detached dwelling into three (3) to five (5) dwelling units and not exceeding two and one-half (2 1/2) stories in height.
B.Garden Apartment. Multi-family dwellings originally designed as such; containing three or more dwelling units and not exceeding two and one-half (2 1/2) stories in height, not including townhouses.
C.Townhouse. Multi-family dwelling of three (3) or more dwelling units of no more than two and one-half (2 1/2) stories in height in which each unit has its own front and rear accesses to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire resistant walls.
D. Apartment Building. Multi-family dwellings of more than two and one half (2 1/2) stories but not exceeding the height limitations (in feet) of this Ordinance.
Dwelling, Single-Family: A dwelling unit detached from any other dwelling unit accommodating a single family and having two (2) side yards.
Dwelling, Two-Family: Dwelling accommodating two families either with units which
are attached side by side through the use of a party wall, and having
one side yard adjacent to each dwelling unit; or upstairs/downstairs units.
Essential Services: Public utility facilities that do not require enclosure in a building, including the construction or maintenance, of gas, electrical, steam, telephone, sewage treatment plants and collection systems, or water distribution systems; including equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment.
Family: Either an individual, or two or more persons related by blood or marriage or adoption or up to five (5) unrelated persons living together as a household in a dwelling unit.
Farm Residence: A single family dwelling associated and on the same parcel with an agricultural use, the occupants of which are members of the immediate family (mother/father, sister/brother, daughter/son) owning the agricultural use or are fully employed by the agricultural use; and such dwelling is not rented or otherwise used for non-agricultural, income producing purposes.
Farm Stand: A booth or stall on a farm and from which produce and farm products are sold to the general public and operated by the owner of the property.
Fast Food/Drive Through Restaurant: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off-premises and which may include facilities that enable customers to obtain food while remaining in their vehicles.
Flood: A temporary inundation of normally dry land areas.
Floodplain area: A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floodway: The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude.
Forestry Enterprises: Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services including the operation of a sawmill but excluding other wood manufacturing businesses.
Garage, Private Parking: A building or portion thereof used only for the storage of automobiles by the families resident upon the premises or by individuals residing in the immediate vicinity of such storage facilities.
Garage, Public Parking: A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of vehicles.
Garden Center, Retail: A retail establishment engaged in the sale of ornamental trees, shrubs and plants and supplies for gardening and landscaping.
Gasoline Service Station: A structure, building, or area of land or any portion thereof that is used for the sale of gasoline and oil or any other motor vehicle fuel and/or other lubricating substance, which may or may not include facilities for lubricating, washing, sale of accessories, and otherwise servicing motor vehicles, but not including the painting and/or body work thereof. Any business or industry dispensing gasoline and servicing vehicles only for its own use will not be deemed to be a gasoline service station.
Golf Course: A tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses; but does not include miniature golf courses or golf ball driving ranges.
Cross Floor Area: The sum of the total horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for vehicles, or any space where the floor-to-ceiling height is less than six feet.
Group Care Facility: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household. Any facility housing six or more individuals, including staff, shall be considered a health facility.
Group Family Household: A group of not more than six individuals including staff, not related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
Health Facilities: Establishments primarily engaged in providing services for human health maintenance including hospital facilities, nursing and adult homes, personal care facilities and medical clinics and offices whether publicly or privately operated.
Home Occupation: Any use customarily conducted entirely within a dwelling and carried on by the inhabitants residing in the dwelling, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling, and no goods are publicly displayed on the premises other than a sign as regulated by this Ordinance; and may include professional practice of medicine, dentistry, architecture, law and engineering, artists, beauticians, barbers, and veterinarians, and similar types of uses, excluding stables, kennels or motor vehicle or small engine repair shops. (See also Section 503.2 and 536.8).
Horse: Any animal of the horse family or resembling a horse including horses, mules and donkeys.
Hospital: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
Hotel: A facility offering temporary (generally for periods of two weeks or less) lodging accommodations to the general public, typically on the basis of daily or weekly rentals, and providing additional services such as restaurants, meeting rooms and recreational facilities.
Hotel, Small: A building, in which (a) lodging or boarding are provided and offered to the public for compensation, (b) ingress and egress to and from all rooms are made through an inside lobby, (c) includes, but is not limited to, country inns and youth hostels, and (d) meets the following conditions: (1) does not exceed twelve rental units in size, and (2) is compatible with the natural and scenic characteristics for which the Delaware River Corridor (DRC) District was designated.
Housekeeping Cottages: Small detached dwelling units rented out for occasional use on a daily, weekly or monthly basis.
Industrial Park: A tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
Institutional Use: Any land use, generally serving no less than twenty-five (25) persons at one time, for the following public or private purposes: educational facilities, including universities, colleges, elementary, secondary and vocational schools, kindergartens and nurseries, cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; military facilities; law enforcement facilities; and other similar facilities.
Junk: Any scrap, waste, reclaimable material or debris, vehicles or parts thereof, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition.
Junk Yard: An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to, waste paper, rags, metal, building materials, house furnishings, machines, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The outside storage or deposit on a lot of two (2) or more vehicles which do not have current licenses and/or two (2) or more inoperable vehicles shall be considered a junk yard. Agricultural vehicles such as tractors, mowers, etc., which are utilized as part of an active on-going farming operation and contractors construction equipment actively used for part of the operation shall be exempt from this provision. Automobile sales lots managed by licensed automobile dealers and storage areas for antique autos shall be also exempt from this provision.
Kennel: The keeping of four (4) or more dogs or other animal, domestic or otheriwse, that are more than six (6) months of age, but not including agriculture.
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. Development in accord with Section 503 (1.1) of the Pennsylvania
Municipalities Planning Code.
Landowner: The legal or beneficial owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of a landowner, or other persons having a proprietary interest in land, shall be deemed to be landowners for the purpose of this Ordinance.
Living Space: The sum of the areas of the several floors of a dwelling unit used for human occupancy and including finished basements and attics as measured from the interior faces of the walls. It dopes not include cellars, crawl spaces, unenclosed porches, attics not used for human occupancy, nor any floor space in an accessory building or in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this Ordinance.
Lot: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Ordinance, having not less than the minimum area and width required by this Ordinance, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a zoning permit for a building on such land.
Lot Area: The total number of square feet in the lot less any area included in any rights-of-way affecting the lot.
Lot, Corner: A lot situated at and abutting the intersection of two (2) streets having an interior angle of intersection not greater than one hundred thirty-five (135) degrees.
Lot Coverage: That portion or percentage of the lot area which is covered by buildings, roads, driveways, walkways, parking areas, or impervious surfaces including, but not limited to, pavement.
Lot Depth: The average horizontal distance between the front lot line and the rear lot line.
Lot Line, Front: The property line separating the lot from a street.
Lot Line, Rear: The lot line opposite and most distant from the front lot line.
Lot Line, Side: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
Lot Width: The average of the width of a lot at the building setback line and the rear lot line.
Manufactured Home: A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, which arrives at a site complete and ready for installation except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation; including, but not limited to mobile homes and modular homes.
Manufacturing: Establishments meeting the performance standards of this Ordinance and which are engaged in assembly from components, fabrication of products, textile and clothing manufacturing, mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. This definition includes "light manufacturing" and "heavy manufacturing."
Manufacturing, Heavy: Establishments meeting the performance standards of this Ordinance, generally involve extensive buildings, outdoor production or storage, and ancillary transportation modes, and which are engaged in the basic mechanical, chemical or other transformation of extracted or raw materials or substances into new products or materials, including, but not limited to, the assembly of component parts, the manufacturing or transformation of products for use by other manufactures, the blending of materials such as lubricating oils, plastics, resins or liquors, other basic industrial processes, and any facility involving processes resulting in the storage of hazardous materials or the generation of large volumes of waste by-products or hazardous waste products, or involving other environmentally regulated processes.
Manufacturing, Light: Facilities meeting the performance standards of this Ordinance and which are fully enclosed in a building and involve generally unobtrusive processes not resulting in the storage of hazardous materials or the generation of hazardous waste products, or other environmentally regulated processes. Uses producing products predominately from previously prepared materials, finished products and parts, including, but not limited to, research, engineering or testing laboratories, assembly from components, fabrication of products, textile and clothing manufacturing, warehousing, distribution centers, furniture or other wood products production and the like, but excluding basic industrial processing.
Medical Clinic: An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.
Mini-Warehouse Facility: A building or buildings containing separated spaces to be leased or rented to individuals and/or business for the storage of personal belongings, goods or supplies.
Minor repair: The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep. Any repair except the removal and reconstruction of any exterior portion or part of the structure or any increase in size of the structure.
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 operations, and constructed so that it may be used without a permanent foundation.
Mobile Home Lot: Land occupied or to be occupied by a mobile home in a mobile home park, improved with the necessary utility connections and other appurtenances; and, said lot being specifically designated by diversion from other lots in the mobile home park.
Mobile Home Park: A parcel or contiguous parcels of land under single ownership which has been planned and improved for the placement of two (2) or more mobile homes.
Model Home: A residential structure associated with a principal permitted commercial use and not intended for permanent occupancy; and used solely for demonstration
purposes to inform potential purchasers of the types of homes available from the seller.