Part 16
Definitions
§27-1601 Interpretations.
Unless the context otherwise requires, the following definitions shall be used in the interpretation of this Chapter. Words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word “person” shall include a corporation, partnership, trust, company, organization, firm and association as well as an individual; the word “lot” shall include the words “plot” and “parcel”; the term “shall” is mandatory, the word “may” is permissive; and the word “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. 3/13/1995, Article 13, §1300)
§27-1602 Definitions.
Abandoned–the visible or otherwise apparent discontinuance of a nonconforming use of a building or premises, or the removal of the characteristic equipment or furnishings used in the performance of a nonconforming use without its replacement by similar equipment or furnishings, or the replacement of the nonconforming use or structure.
Access Drive–a means, other than a street, which provides vehicular access from a street or public road to a lot; e.g., a driveway or private right-of-way.
Accessory Residential Use–a residential dwelling unit which is accessory to the principal commercial use of a lot; i.e., an apartment located above or adjoining a retail establishment. (See also §27-601.)
Accessory Use or Structure–a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. [Ord. 2004-1]
Adult Book Store–an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” or an establishment with a segment or section devoted to the sale or display of such material.
Adult Cabaret–a club, restaurant, bar, tavern, theater, hall or similar establishment which features male and/or female entertainers whose performance includes “specified sexual activities” and/or reveals or displays “specified anatomical areas.”
Adult Drive-In Picture Theater–an area open to the air and not enclosed within any building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein, which patrons observe such material from a location within automobiles or other motor vehicles, seated in autos or on outdoor seats.
Adult Entertainment Establishment–adult book stores, adult cabarets, adult drive-in picture theaters, adult mini-motion picture theaters, adult motion picture theaters, adult walk-in picture theaters, amusement arcades, massage parlors, and similar establishments providing entertainment of a sexual nature, including those involved in the sale or rental of adult videos. (See also §27-420.)
Adult Mini-Motion Picture Theater–an enclosed building with a capacity for less than 50 persons used at any time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
Adult Motion Picture Theater–an enclosed building with a capacity of 50 or more persons used at any time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
Adult Walk-In Picture Theater–an area neither enclosed nor open to the sky (e.g., a pavilion, tent, etc.) where material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation of patrons therein.
Agent–any person, other than the landowner of a lot, who, acting under specific authorization of the landowner, submits plans, data and/or applications to the Zoning Officer or other designated Township official for the purpose of obtaining approval thereof.
Agribusiness–the sale of agricultural products or commodities, including but not limited to, farm produce, seed, fertilizers, and farm machinery.
Agricultural Structure–any farm building or structure used for storing agricultural equipment or farm produce, housing livestock or poultry, or processing dairy products. Such buildings shall not be used for residential purposes.
Agriculture–the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, aquaculture, forestry, animal and poultry husbandry, and the accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities. (See also §27-425.)
Aircraft–any contrivance, except an unpowered hang-glider or parachute, used for the ascent into or flight through the air.
Airport–any area of land or water which is used, or is intended to be used, for the landing or takeoff of aircraft and any appurtenant areas which are used, or are intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. For purposes of this Chapter, the term airport shall not include facilities designated as heliports and those facilities which can be used only by rotary wing aircraft, nor to private airports.
Airport Hazard–any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft.
Airport Hazard Area–an area or land or water upon which an airport hazard might be established if not prevented.
Alley–permanent, public serviceway providing a secondary means of access to lots, not intended for general traffic circulation.
Alteration–as applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or increasing in height, or the moving from one location or position to another. An alteration does not include maintenance and repair.
Amusement Arcade–an establishment which has as its principal business offering to patrons mechanical, electrical or video amusement devices or games such as pinball machines, ping pong, darts, rides, shooting galleries or similar devices and games.
Animal Equivalent Unit–1,000 pounds live weight of livestock or poultry animals, regardless of actual number of individual animals comprising the unit. [Ord. 2011-01]
Animal Husbandry–for the purposes of this Chapter, animal husbandry shall be defined as the raising or keeping of livestock and/or poultry for capital gain or profit or with the intent of selling any livestock or poultry products as a commercial enterprise, including custom butchering. The boarding or raising of livestock or poultry as farm animals or household pets pursuant to the regulations of this Chapter shall not be considered animal husbandry.
Applicant–any lessee or his authorized agent who submits plans, data and/or applications to the Zoning Officer or other designated Township official for the purpose of obtaining approval thereof.
Area–the surface included within a set of lines.
Area, Buildable–that portion of a lot bounded by the required front, side and rear yards.
Area, Building–the total area of a lot covered by buildings, excluding uncovered porches, terraces and steps.
Area, Lot–the area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement.
Area, Site–the total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
Auto Salvage Operations–See “junkyard.” [Ord. 2011-01]
Automotive Repair Shop–a building or structure used primarily for making major repairs to motor vehicles (automobiles, motorcycles, trucks, farm equipment or machinery, and/or snowmobiles), including overhauling, body work, painting, refinishing and upholstering, as well as incidental servicing and maintenance.
Automotive Sales Facility–any building or land area used for the display and sale of new or used automobiles or other motor vehicles, including warranty repair or associated work.
Automotive Service Station–a building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substance, batteries, tires, and other automotive accessories are supplied and dispensed to the motor vehicle trade, at retail, and where minor repair service may be offered.
Background Report and Goals and Objectives Study–the complete set of municipal policy goals and community development objectives addressing the future growth and development of Wolf Township, Lycoming County, Pennsylvania, adopted by resolution of the Township Supervisors.
Base Flood–a flood which has a 1% chance of being equaled or exceeded in any given year (also called the “100-year flood” or “1% annual chance flood”).
Base Flood Discharge–the volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
Base Flood Elevation (BFE)–the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
Basement–any area of the building having its floor below ground level on all sides. [Ord. 2004-1]
Bed and Breakfast Establishment–an establishment, dwelling, or part thereof, in which individual rooms are offered for temporary lodging purposes by the owner or operator for limited periods of time. Breakfast or other meals may also be offered for overnight guests as a part of the lodging fee. (See also §27-416.) [Ord. 2013-01]
Board of Supervisors–the elected governing body of Wolf Township, Lycoming County, Pennsylvania.
Board or Zoning Hearing Board–the Zoning Hearing Board of Wolf Township, Lycoming County, Pennsylvania.
Boarding or Rooming Home–a single-family dwelling or part thereof, where lodging is provided for a fee by the legal owner thereof. Such lodging may be provided for no more than six persons unrelated to the owner and shall be for periods of time exceeding 1 week, whether or not arrangements have been made for meals. (See also §27-411.)
Borrow Pit–an excavated area where material has been borrowed for use as fill at another location, not including the excavation or removal of fill or the grading of a site preparatory to the construction of a building.
Buffer Yard–yard space, either landscaped or planted, provided between high intensity activities and other uses. (See §27-506.)
Building–a permanent structure having walls and a roof which is used for the shelter, housing or enclosure of persons, animals, or property. The word “building” shall include any part thereof. Included shall be all manufactured homes and trailers to be used for human habitation.
Building, Accessory–a detached, subordinate building located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
Building, Attached–a building which has one or more walls in common with adjacent buildings.
Building, Detached–a building which has no common walls and is surrounded by open space on the same lot.
Building, Principal–a building in which the principal use of the site is conducted.
Building Coverage–that percentage of the plot or lot area covered by the principal and accessory buildings, including porches, patios, decks, carports, and breezeways, but excluding parking or loading areas.
Building Line–the required setback (front, side, or rear) of a building from a property line.
Building Setback Line–the line established by the required minimum front yard setback from the street right-of-way or front lot line for buildings and/or structures. The building setback line shall be the point at which minimum lot width shall be measured.
Camp, Cabin or Vacation Home–a permanent building or structure intended for occupancy only occasionally during the year, including buildings intended as camps, cottages, lodges, hunting cabins, vacation homes and similar seasonal dwellings. For purposes of this Chapter, a recreational vehicle shall not be considered to be a camp, cabin or vacation home. (See also §27-426.)
Campground–a tract or tracts of ground, or portion thereof, used for the purpose of providing space for recreational vehicles or tents for camping purposes, with or without a fee charged for the leasing, renting, or occupancy of such space. Such facility may also include a recreational vehicle park.
Car Wash–any building or premises used for washing automobiles or other motor vehicles.
Caretaker’s Residence–a dwelling unit which is used exclusively by either the owner, manager, or operator of a principal permitted use and is located on the same parcel as the principal use.
Carport–a roofed structure providing space for the parking or storage of motor vehicles which is enclosed on not more than three sides.
Cartway–the area of a street or alley within which vehicles are permitted, including traveled lanes and on-street parking spaces, but excluding shoulders, curbs, sidewalks, or drainage swales.
Cellar–a portion of a building partly underground, having half or more than half of its clear height below grade. A cellar shall not be considered in determining the permissible number of stories.
Cemetery–public land that has been established by a regulated company of the Commonwealth for the burial of the deceased, including columbariums, crematoria, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.
Certificate of Occupancy–a certificate issued by the Zoning Officer stating that all work authorized by the zoning permit has been satisfactorily completed or, in cases not involving construction, a proposed new use is in conformity with this Chapter and the building or land may be occupied. [Ord. 2011-01]
Change of Use–an alteration of a building or a change of use existing within a building or on a lot to a new use which imposes other provisions of this Chapter.
Child Care Facility–an entity that regularly provides child day care for a group of children for periods of less than 24 hours certified by the Pennsylvania Department of Human Services.
Clear Sight Triangle–an area of unobstructed vision at street or driveway intersections defined by lines of sight between points at a given distance from the intersection of the street and/or driveway centerlines. (This is determined from a sitting position 4 feet above the roadway.) [Ord. 2011-01]
Clinic, Medical or Dental–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 lodged overnight.
Club, Lodge or Fraternal Organization–an organization catering exclusively to members and their guests in premises or buildings for social, recreational, or administrative purposes, which are not conducted for profit. Clubs shall include but not be limited to service organizations, fraternal organizations, as well as social, athletic or similar groups.
Cluster Development–a large scale residential development, in which individual dwelling units or buildings are grouped together. Modifications or reduction of the minimum yard and lot size requirements are permitted in exchange for an equivalent amount of land in open space to be preserved for scenic, recreation, or conservation purposes. The overall dwelling unit density of the underlying residential district cannot be exceeded in this type of development. [Ord. 2011-01]
Commercial Animal Husbandry–For the purposes of this Chapter, animal husbandry shall be defined as the raising or keeping of livestock and/or poultry for capital gain or profit or with the intent of selling any livestock or poultry products as a commercial enterprise, including custom butchering. (The boarding or raising of livestock or poultry as farm animals or household pets pursuant to the regulations of this Chapter shall not be considered animal husbandry.)
Completely Dry Space–a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Comprehensive Plan–the official public document in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988, 53 P.S. §10101 et seq., and as subsequently amended, consisting of maps, charts and textual material, that constitutes a police guide to decisions about the physical and social development of the Township. [Ord. 2011-01]
Concentrated Animal Feeding Operations (CAFO)–agricultural operations where the animal density exceeds two animal equivalent units (AEU) per acre on an annualized basis. [Ord. 2011-01]
Conditional Use–a use permitted in certain districts, as provided for in Part 3, which may only be authorized by the Township Supervisors as set forth in §27-1402.
Condominium–a building or group of buildings in which units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
Construction–See “new construction.”
Contractor’s Shops and Yards–a building or buildings and space used for the storage of construction equipment and/or building materials. Such uses may also include equipment repair facilities, office space and oil and gas staging facilities.
Convenience Store–a retail establishment selling a limited range of food products and some household or other consumer goods. Such facilities generally offer fewer items and maintain a smaller inventory of merchandise than a supermarket or grocery store. In some cases, gasoline and related automotive supplies are also offered on a self-service basis.
Conversion Apartment–a dwelling or other building converted for residential occupancy by more than one family. The specific number of permitted dwelling units shall be as set forth in §27-405 of this Chapter.
County–Lycoming County, Pennsylvania.
Cultivation–the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.
Cultural Facilities–art galleries, auditoriums, libraries, museums, community centers, botanical gardens, adult education centers, or other similar facilities, open to the public or connected with a permitted educational, institutional, philanthropic, service or religious use.
Day Care Center–a private facility enrolling more than 12 young children where tuition, fees, or other forms of compensation for the care of the children is charged and which is licensed, inspected and approved to operate as a child day care center by the Pennsylvania Department of Human Services.
Deliver or Delivery–the actual or constructive transfer from 1 person to another of a substance, whether or not there is an agency relationship.
Density–the number of families, individuals, dwelling units, or housing structures permitted to be constructed or situated on a specific unit of land.
Designated Care Provider–a person who is 18 years of age or older, has been designated in writing by a patient to serve as a designated provider, is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider and is the designated provider to only 1 patient at any 1 time.
Development–any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
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 to dispense medical marijuana.
Distribution Center–a building or structure where sizable quantities of merchandise are stored for ultimate distribution to a single or limited number of specific wholesale or retail operators. See also “warehousing facility.”
District–a zoning district as laid out on the Zoning Map, along with the regulations pertaining thereto.
Dock–a temporary structure extending into a stream or other body of water for the purpose of securing a boat(s).
Driveway–a minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.
Dwelling–a building, structure, or shelter designed for or occupied exclusively as the residence or sleeping place of one or more persons.
Dwelling, Single-Family Attached–a dwelling containing only one dwelling unit from ground to roof, having independent outside access and a portion of one or two walls in common with an adjoining dwelling(s), i.e., a townhouse or garden apartment. For the purposes of this Chapter, a single-family attached dwelling structure shall contain a minimum of three dwelling units.
Dwelling, Single-Family Detached–a dwelling containing only one dwelling unit from ground to roof, having independent outside access and open space on all sides, except for a mobile home as defined below. (See “mobile home.”)
Dwelling, Two-Family Attached–an attached or semi-attached building containing two independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement or cellar, i.e., a duplex.
Dwelling, Multi-Family–a dwelling structure containing three or more dwelling units without independent outside access, i.e., an apartment building or condominium.
Multi-family Housing Development–for the purposes of this Chapter, a multi-family housing development shall consist of more than one multi-family dwelling structure or more than one single-family attached dwelling structure, or a combination thereof.
Dwelling Unit–one or more rooms in a dwelling structure designed for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. Recreational vehicles and facilities for transient lodging shall not be considered as dwelling units for the purposes of this Chapter.
Enclosed Use–a use which is located entirely within a building or structure.
Entertainment Facility, Public–an indoor, facility operated as a business for profit, open to the public, for the purpose of providing entertainment including, but not limited to, bowling alleys, roller skating rinks, amusement arcades, motion picture theaters, health clubs, and similar types of establishments, but excluding adult entertainment facilities. (See also §27-419.)
Essential Utility Distribution Services–utility services provided by public utility companies, governmental agencies, or public service corporations which are necessary for the preservation of the public health and safety. Such services shall include, but need not be limited to, the placement, construction, alteration, use, and maintenance of underground or overhead electrical, telephone, television, natural gas, water or sewage disposal systems, and may include the use of poles, wires, lines, mains, drains, sewers, pipes, conduits, cables, hydrants, traffic signals or other similar equipment. (See also §27-608.)
Essentially Dry Space–a space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
Existing Manufactured Home Park or Subdivision–a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Expansion to an Existing Manufactured Home Park or Subdivision–the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Exterior Antennas–all forms of antennas utilized within the Township for telephone, telecommunication, radio, television, or other forms of communication (including microwave and satellite earth stations or dishes), except antennas utilized by governmental agencies or antennas regulated by applicable laws relating to public utilities. Exterior antennas shall include the towers, receiving dishes or receiving fixtures, bases, supports, guidewires, transmission wires, and all attachments. (See also §27-610.)
Extraction Operations–the commercial extraction of sand, gravel, clay, shale, rock or other natural mineral deposits from the earth, including facilities for the batching or mixing of extracted materials, but excluding the extraction of oil or gas reserves.
Family–one or more persons occupying a single dwelling unit and living as a single household unit, whether or not related by blood, marriage or adoption. (See also “group family household.”)
Family Day Care Home–a facility in which 4, 5 or 6 children unrelated to the operator receive child care services. A family day care home must be located in a home and must have a certificate of registration from the Pennsylvania Department of Human Services in order to operate.
Farm–for the purpose of this Chapter, a farm shall be defined as a parcel of land which is used for agricultural purposes or activities.
Farm Building–See “agricultural structure.”
Feed and Grain Mill–a business establishment containing machinery for grinding or crushing grain into flour or feed for animals.
Fence–any combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within. For the purposes of this Chapter, a fence shall be considered a structure. (See §27-505.2.)
Flood–a temporary inundation of normally dry land areas.
Flood Insurance Rate Map (FIRM)–the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study (FIS)–the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
Floodplain Area–
A. A relatively flat or lowland area adjoining a river, stream or other watercourse which is subject to partial or complete inundation.
B. An area subject to the unusual and rapid accumulation of runoff 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 or their contents. (See §27-903 for flood damage control provisions.)
Floodway–the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot.
Floor Area–the area of a structure covered by floors.
Floor Area, Gross–the sum of the gross horizontal areas of all of the 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 for motor vehicles or basement or cellar floor areas where this area is not used for business or dwelling purposes, but including the area of roofed porches, decks, patios and terraces.
Floor Area, Habitable–any floor area within a dwelling unit which is useable for living purposes, including area for working, sleeping, eating, cooking and recreation, or a combination thereof. Stairways, hallways and floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area, nor shall any space where the floor-to-ceiling height is less than 5 feet.
Forest Management–the management of forests and timberlands when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting, and selling of trees for commercial purposes, which does not involve any land development. [Ord. 2011-01]
Forestry–the management of forests and timberlands where practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
Freeboard–a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
Funeral Home–a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
Garage–a building or structure used for the parking and storage of vehicles.
Garage, Private–an accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles which is not a commercial enterprise available to the general public, provided however that no more than one space therein may be leased to a nonresident of the premises.
Garage, Public–a building or group of buildings used primarily for the parking or storage of motor vehicles available to the general public for compensation. (See also “automotive repair shop.”)
General Floodplain–that portion of the floodplain area for which no specific flood profiles exist and which is designated as approximated 100-year floodplain area on the Township’s Flood Boundary and Floodway Maps.
Grade–the degree of rise or descent of a sloping surface.
Grade, Finished–the final elevation of the ground surface after development.
Grade, Street–the elevation of the centerline of an existing or proposed street; the percentage of slope.
Grocery Store–a retail establishment primarily selling food or groceries as well as other household goods or merchandise, i.e., a supermarket.
Group Day Care Home–a facility in which 7 to 12 children unrelated to the operator receive child care services. A group day care home must have a certificate of compliance (license) from the Pennsylvania Department of Human Services in order to operate.
Group Family Household–a group of individuals not related by blood, marriage, adoption or guardianship living together in one dwelling unit as a single housekeeping unit under a common housekeeping plan based on an intentionally structured relationship providing organization and stability.
Group Home–a residence occupied by eight or fewer persons unrelated by blood, marriage, adoption or guardianship which live together as a single housekeeping unit. Such homes include, but are not limited to, homes for orphans, foster children, the elderly, mentally or physically handicapped persons, battered children and women, and specialized treatment facilities providing less than primary health care. Group homes of eight or fewer residents, excluding staff, shall be permitted in all districts which permit single-family residential uses. (See also §27-412.)
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 to grow and process medical marijuana.
Hazardous Materials–any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable. Hazardous materials shall include substances identified on the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 40 CFR Part 355–Appendix A, as amended. Hazardous materials shall include all substances regulated by the Pennsylvania Department of Environmental Protection pursuant to the Storage Tank and Spill Prevention Act (Act 32), as amended. Hazardous materials shall include additives and substances used in the process known as hydraulic fracturing a/k/a fracking. [Ord. 2011-03]
Hazardous Materials Operation–any activity involving the storage, processing, manufacture, disposal, repackaging, or distribution of hazardous materials as defined above. Hazardous materials operation shall not include those activities customarily incidental to the “permitted principal uses and structures” enumerated in §§27-303, 27-304, 27-305, 27-306, 27-307, 27-308 and 27-309. [Ord. 2011-03]
Highest Adjacent Grade–the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic Structure–any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the National Register.
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
C. Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved State program as determined by the Secretary of the Interior.
(2) Directly by the Secretary of the Interior in states without approved programs.
Home Occupation–an accessory use or occupation operated for gain or profit conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. In the A-R-I District, a farm-related home occupation may also be situated in an accessory farm building located on the same lot as the operator’s dwelling. (See also §27-609.) [Ord. 2011-01]
Horticulture–the growing of fruits, vegetables, flowers, ornamental plants, shrubs, or trees for profit.
Hospital–an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, 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 operations. [Ord. 2011-01]
Hotel–a building or structure containing rooms intended or designed to be used, rented or occupied for sleeping purposes by overnight guests, where such rooms have no independent outside access and where provision may be made for dining room or restaurant facilities, or meeting or conference rooms with the building. [Ord. 2013-01]
Identified Floodplain Area–this term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See Sections 4.01 and 4.02 for the specifics on what areas the community has included in the identified floodplain area.
Impervious Surface–the percentage of a lot that does not absorb precipitation. For the purpose of this Chapter, all buildings, structures, parking areas, driveways, road sidewalks, and any areas in concrete, asphalt, or similar materials shall be considered impervious surfaces. [Ord. 2011-01]
Improvements–physical changes to the land, including but not limited to grading, paving, curbs, gutters, storm sewers and drains, improvements to existing watercourses, sidewalks, street signs, monuments, water supply facilities, sewage collection facilities and streetlights. [Ord. 2011-01]
Industrial Operations–for the purposes of this Chapter, industrial operations shall be defined as those manufacturing, assembly and processing activities itemized in Part 3, the district regulations, and meeting the supplementary regulations set forth in §27-421. (See also “light industrial use.”)
Industrial Park–A tract of land which has been planned, developed and is operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
Institutional Residence–establishments primarily engaged in the provision of residential social and personal care for children, the elderly, and other special categories of persons with some limits on their ability for self care, but where medical care is not a major element. These uses include, but are not limited to, group foster homes; residential alcohol and drug rehabilitation centers with incidental health care; children's boarding homes; halfway homes for persons with social or personal problems, except halfway homes for delinquents, offenders and other adjudicated individuals, and not including training schools for delinquent and other adjudicated individuals; homes for disturbed individuals; homes for the deaf and blind; homes for emotionally disturbed or mentally or physically handicapped persons, with health care incidental; and group homes for 9 or more residents, excluding staff. Residents of these facilities would be treated by staff in an institutional setting rather than living independently. Institutional housing where there is commercial rental or condominium ownership is also included in this category, with the exception of personal care homes defined herein. Such facilities may also require licensing by the Pennsylvania Department of Health or the Pennsylvania Department of Human Services or other State agencies. [Ord. 2011-01]
Interstate Highway System–that portion of the national system of interstate highways located within the Commonwealth as officially designated by the State and/or U.S. Departments of Transportation.
Junk–any discarded article or material not ordinarily disposed of as rubbish, garbage, or refuse and including, but not limited to, scrap metal, scrapped, abandoned or junked automobiles, machinery, equipment, paper, rags, glass containers and other salvageable materials. For purposes of this Chapter, the term “junk” shall not include hazardous wastes or materials, industrial residual wastes, or municipal wastes as defined in the Pennsylvania Solid Waste Management Act.
Junk Vehicle–
A. A motor vehicle, recreational vehicle, trailer or truck, or the chassis or body of such vehicle, that does not meet at least two of the following three conditions:
(1) Does not display a license plate with current state registration sticker.
(2) Does not have a valid state safety inspection sticker.
(3) Cannot be immediately operated on a public street.
(4) Also, any motor vehicle that has been demolished beyond reasonable repair shall be considered a “junk vehicle.”
[Ord. 2011-01]
Junked or Abandoned Motor Vehicle–an inoperable motor vehicle or a motor vehicle not bearing a current license or inspection which is stored outside of an enclosed building, and is not associated with a legitimate business operation or completely covered by an opaque or non-transparent tarp. (See also §27-602.) [Ord. 2011-01]
Junkyard–any outdoor establishment, place of business, or use of land which is maintained, used or operated for storing, keeping, buying or selling junk or junked or abandoned motor vehicles. For the purposes of this Chapter, such facility may also be referred to as an auto salvage operation or scrap processing facility.
Kennel–for the purposes of this Chapter, a kennel shall be defined as an establishment where five or more dogs or domesticated animals more than 6 months old are housed, groomed, bred, boarded, trained or sold. House pets in a private home are excluded. In addition, all requirements of the Pennsylvania Dog Law, 3 P.S. §459.101 et seq., administered by the Pennsylvania Department of Agriculture, shall be met before establishing a kennel in the Township. (See also §27-417.)
Land Conservation–the long-term protection and management of undeveloped land resources, such as open space, farmland, and forestland. Strategies are designed to achieve water quality management, flood control, habitat protection, scenic preservation, urban revitalization, historic preservation and new recreational opportunities.
Land Development–any of the following activities: (1) the improvement of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving: (i) 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 (ii) 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; or (2) a subdivision of land.
Landowner–the legal or beneficial owner(s) of land, including the holder of an option or contract to purchase (whether or not such option is subject to any condition), a lessee, if he is authorized under the lease to exercise the right of the land owner or other person having a proprietary interest in the land.
Landscaping–grass and other plantings such as trees, shrubs and/or bushes.
Laundromat–a business premises equipped with individual clothes washing and drying machines for the use of retail customers. For the purposes of this Chapter such facilities shall not include laundry facilities provided as an accessory use, such as those provided for an apartment building.
Light Industrial Use–a manufacturing, assembly, or processing activity that produces a negligible amount of noise, smoke, odor, dust, vibration, or glare as a result of the activity and meets the performance standards of this Chapter. (See also §27-421.)
Livestock–for the purposes of this Chapter, livestock shall be defined to include cows, pigs, horses, and similar types of farm animals.
Loading Berth–a space accessible from a street or alley in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.
Lot–a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
Lot Area–see “area.”
Lot, Corner–a lot with two adjacent sides abutting on streets. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees.
Lot Depth–the distance measured from the front lot line to the rear lot line.
Lot, Double Frontage–a lot which extends from one street along its front lot line to another street along its rear lot line, which streets do not intersect at the boundaries of the lot.
Lot, Reverse Frontage–a double frontage lot which is not accessible from one of the streets upon which its fronts, usually due to topographic constraints or safety considerations.
Lot Width–the distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
Lot Lines–the property lines bounding the lot.
Lot Line, Front–the line separating the lot from a street right-of-way; or where a lot has no road frontage, the lot line opposite of the rear lot line.
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.
Lot of Record–a lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of Lycoming County, Pennsylvania.
Lowest floor–the lowest floor of the lowest fully enclosed area (including basement). An unfinished flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building; provided, that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this Chapter.
Lumber Yard–a business establishment primarily engaged in the sale of lumber and related products to contractors or the general public.
Machinery Repair and Service Facility–a workshop, manufacturing facility, or other industrial operation where machines are built, repaired or assembled. For the purposes of this Chapter, such facilities shall include tool and die making, engine rebuilding, and similar types of activities.
Manufactured Home–a structure, transportable in 1 or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
Manufactured Home Park or Subdivision–a parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale.
Manufacturing–the act of producing, preparing or assembling finished products or goods from raw materials or component parts through the repetitious use of an established or set process.
Manufacturing Operations–See “industrial operations.”
Marijuana–all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin used for medical treatments.
Market Value–the fair market price of a structure or property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are willing to do business.
Massage Parlor–an establishment in which there exists the offering or furnishing of services in which “specified sexual activities” occur.
Medical Marijuana–marijuana for certified medical use as set forth in the ordinance codified in this Section.
Mineral Extraction Operation–the commercial extraction of sand, gravel, clay, shale, rock or other natural mineral deposits from the earth, including the extraction of oil or gas reserves. [Ord. 2011-01]
Minor Repair–the replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall any minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring or mechanical or other work affecting public health or general safety.
Mobile Home–See “manufactured homes.” [Ord. 2011-01]
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.
Mobile Home Pad or Stand–that part of an individual mobile home lot which has been reserved for the placement of a mobile home and appurtenant structures and connections.
Mobile Home Park–a parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. For floodplain management purposes, the term shall also include facilities for the placement of two or more park trailers, travel trailers, recreational vehicles, and other similar types of manufactured housing for a period of time exceeding 180 consecutive days. (See also §27-410.)
Modular Homes–factory-built industrialized homes that are assembled at the site. These must comply with the state’s Industrialized Housing Act, which adopted the model building codes and works in tandem with the Uniform Construction Code’s installation regulations. [Ord. 2011-01]
Motel–a building or structure arranged or used for sheltering, sleeping, and/or feeding of transient or overnight guests, where each unit has independent outside access and where provision is made for only limited cooking in any individual room.
Motor Vehicle–a piece of mechanized equipment. [Ord. 2011-01]
Municipal Waste–Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid, or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definition of residual or hazardous waste as defined in the Pennsylvania Solid Waste Management Act, 35 P.S. §6018.101 et seq., from a municipal, commercial, or institutional water supply treatment plant, waste water treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
Municipal Waste Landfill–A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition landfill or a facility for the land application of sewage sludge. (See also §27-424.)
Municipality–Wolf Township, Lycoming County, Pennsylvania.
Natural Area–an undisturbed area, left in its natural state.
Neighborhood Commercial Activities–retail stores, shops, or establishments designed to provide service to a limited neighborhood area, including convenience stores, general stores, antique or gift shops, equipment repair facilities, drug stores, florist shops, antique shops, variety shops, personal service businesses or similar types of facilities. [Ord. 2011-01]
New Construction–structures for which the start of construction commenced on or after May 14, 2016, and includes any subsequent improvements to such structures. Any construction started after December 2, 1980, and before May 14, 2016, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
New Manufactured Home Park or Subdivision–a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
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, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. [Ord. 2011-01]
Nonconforming Lot–a lot which does not conform to the minimum width, depth, or other dimensional requirements specified for the district in which it is located (Part 3), including those lots which existed prior to the enactment of this Chapter. (See §27-1202 for applicable provisions.)
Nonconforming Structure–a structure or part of a structure not designed or built to comply with the use or extent of use provisions of this Chapter, including those structures which lawfully existed prior to the enactment of this Chapter or amendment. Such nonconforming structures include, but shall not be limited to, nonconforming signs. (See §27-1201 for applicable provisions.)
Nonconforming Use–a use of a building or land which does not comply with the applicable use regulations (Part 3) of this Chapter or amendment, including those uses which lawfully existed prior to the enactment of this Chapter or amendment. (See §27-1201 for applicable provisions.)
Nursery–land or greenhouses used to raise flowers, shrubs and plants for sale.
Nursing Home–a state-licensed institutional establishment which provides full-time convalescent or chronic nursing and/or medical care. Such facilities shall not provide surgical, obstetrical or other services generally provided by a hospital.
Obstruction–any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of water, either in itself or by catching or collecting debris carried down-stream to the damage of life or property.
Open Space–space not occupied by a structure, open to the sky, and on the same lot with the building or structure.
Open Space, Common–land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complementary structures and improvements as are necessary and appropriate.
Open Space, Public–any land area set aside, dedicated, designated or reserved for public enjoyment.
Park or Playground–a public, semi-public or private park or park-type facility which provides outdoor recreational enjoyment and activity, either for free or on a fee basis. Such facilities may include tennis or basketball courts, baseball or other athletic fields, swimming, hiking and picnic areas, and playgrounds and may also include buildings and accessory structures. Activities may be organized to include day camps, leagues or other groups or may be strictly independent. (See §27-428.) See also “recreation area.”
Parking Space–an off-street area on a lot available for the parking of one motor vehicle and having direct, useable access to a street or road. For the purposes of this Chapter, parking space shall include uncovered lot space located off of any right-of-way, but shall exclude all enclosed garage space. (See also Part 11.)
Party Wall–a wall on an interior lot line or a wall adapted for joint service between two buildings, i.e., a common wall.
Permitted Use–a use allowed in a zoning district, subject to the applicable district regulations, and approved by the Zoning Officer.
Person–an individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties. [Ord. 2004-1]
Personal Care Home–a State-licensed institutional facility providing supervised care services, including meals and less than full-time skilled or intermediate nursing care, for individuals, usually the elderly.
Personal Service Business–for the purposes of this Chapter, a personal service business shall include but need not be limited to a barber shop, beauty parlor, self-service laundry and dry cleaning establishment, a tailor or dressmaking shop, small appliance or equipment repair facility, or other establishment of a related nature.
Planned Residential Development–an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, destiny, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of municipal zoning ordinance. [Ord. 2011-01]
Planning Commission–the Planning Commission of Wolf Township, Lycoming County, Pennsylvania.
Post-FIRM Structure–is a structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community’s initial Flood Insurance Rate Map (FIRM) dated December 2, 1980, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
Pre-FIRM Structure–is a structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community’s initial Flood Insurance Rate Map (FIRM) dated December 2, 1980, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
Primary Highway System–that portion of connected main highways located within the Commonwealth as officially designated by the State or U.S. Departments of Transportation.
Primary Residence–this is the fixed place of abode where the owner intends to reside permanently until the person moves to another home.
Profession–the practice of medical, or osteopathic doctor, attorney, dentist, public accountant, architect, chiropractor, professional engineer, or any other occupation regulated by the Pennsylvania Board of Professional Licensure. [Ord. 2011-01]
Professional Office or Studio–the office of a member of recognized profession. A professional office may be considered a home occupation when conducted from a residence, by a member of the resident family and when the office is only secondary to the residential use of the dwelling. [Ord. 2011-01]
Public Hearing–a formal meeting held pursuant to public notice by the Township Supervisors, Township Planning Commission, or Township Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter.
Public Meeting–a forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. §701 et seq. [Ord. 2004-1]
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.
Recreation Area–an outdoor public, semi-public, or private facility intended to provide recreational enjoyment to or for its users, i.e., a park, playground, tot lot, or similar facility. (See §27-428.) See also “park” or “playground.”
Recreational or Institutional Development–a commercial, outdoor recreational facility, including a golf course, golf driving range, a miniature golf course, ski area, church or service-club affiliated camp, a shooting preserve or sporting clays range, and similar facilities.
Recreational Vehicle–a vehicle which is built on a single chassis, not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck, not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. [Ord. 2004-1]
Recreational Vehicle Park–any site upon which recreational vehicles are, or intended to be located. (See also “campground.”)
Regulatory Flood–the flood that has been selected to serve as the basis upon which the floodplain management provisions of this Chapter have been based; the 100-year flood.
Regulatory Flood Elevation–the base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1½ feet. [Ord.
2004-1]
Restaurant–a retail establishment where food and drink is prepared, served and consumed, primarily within the principal building.
Retail Business Establishment–a place of business engaged in selling goods and merchandise to the general public for personal or household use and rendering services incidental to the sale of such goods.
Riding Academy–any establishment where horses are kept for riding, jumping or showing for compensation or incidental to the operation of any club, association or similar group.
Roadside Stand–a temporary or permanent booth, stand or shelter located along a roadway (but off of the road right-of-way) from which farm, nursery or greenhouse products are offered for sale to the general public.
Rooming Home–See “boarding or rooming home.”
Satellite Dish–for the purposes of this Chapter, a satellite dish antenna shall be defined as an accessory structure (exterior antenna) capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit. (See also “exterior antennas” and §27-610.)
Sawmill–a building or business establishment equipped with machinery for cutting lumber is cut into boards.
School–an establishment or facility, or part thereof, which is designed, constructed, or used for public or private education or instruction in any branch of knowledge.
Scrap Processing Facility–See “junkyard.”
Screen Planting–the provision of a barrier to visibility, glare and noise between adjacent properties made of plant materials, such as trees or shrubs which will be of such species that will produce the desired visual screen. Such plantings shall however adhere to the requirements of §27-507 and shall be broken at points of vehicular or pedestrian access or utility easements.
Sewage Facility–a system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of the Commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other wastes.
Sewage System, Community–a sewage facility, whether publicly or privately owned, for the collection of sewage from two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on or more of the lots or at another site.
Sewage System, Individual–a sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating, and disposing of sewage in whole or in part into the soil or into. waters of the Commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.
Shopping Center–for the purposes of this Chapter, a shopping center shall be defined as a group of three or more commercial establishments, planned, developed, owned and managed as a unit and related in location, size and type of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the types and sizes of stores. This definition shall also include the term “shopping mall.”
Sign–any device, structure or object used for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge, or insignia of any government. (See §27-1001 for definitions of various types of signs.)
Sign, Animated–a sign with action or motion; revolving, flashing or color changes, requiring electrical energy, electronic or manufactured sources of supply. For the purposes of this Chapter, this definition shall not be meant to include public service signs such as time and temperature units or changeable message signs. [Ord. 2011-06]
Sign Area–the entire face of a single side of a sign, including all advertising surface and any framing, trim, molding, or border area, but excluding any supporting framework or bracing.
Sign, Changeable Copy (Automatic)–a sign on which the copy changes automatically on a lamp bank or through mechanical means, e.g., electrical or electronic time and temperature units or changeable message signs. [Ord. 2011-06]
Sign Height–the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
Slaughter House–a building or structure where animals are butchered. Such a facility may be associated with an animal husbandry operation or may be an independent, principal use in an agricultural district. (See also §27-425.) (See also “concentrated animal feeding operations.”) [Ord. 2011-01]
Solid Waste–any waste, including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semi-solid or contained gaseous materials. (See also “municipal waste.”)
Special Flood Hazard Area (SFHA)–an area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.
Special Permit–a special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain. [Ord. 2004-1]
Specified Anatomical Areas–for the purposes of this Chapter, such areas shall include less than completely and opaquely covered: human genitals, pubic region; buttock; female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities–for the purposes of this Chapter, such activities shall include sexual stimulation or arousal of human genitals; acts of human masturbation, oral sex, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
Stable–a building in which one or more horses are boarded, whether or not for compensation, hire or sale.
Start of Construction–includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Storage–a place or space for storing goods, articles of personal property, materials, etc.
Storage Facilities, Enclosed–See “warehousing facilities.”
Storage, Off-Lot–storage of recreational vehicles, campers, boats, antique cars or other similar types of vehicles, equipment, or other man-made materials on a lot other than that occupied by the owner of the item(s), whether or not the item(s) is stored in a completely or partially enclosed building or stored outside of a building.
Storage, On-Lot–for the purposes of this Chapter, “on-lot storage” shall be defined as storage of recreational vehicles, campers, boats, antique cars or other similar types of vehicles, equipment or other man-made materials on a lot occupied by the owner of the item(s), whether or not the item is stored in a completely or partially enclosed building or stored outside of a building. (See also §27-602.)
Storage, Outside/Unenclosed–storage, as accessory or incidental to an approved, principal use in a Commercial or Industrial District, of goods, materials, or merchandise outside of a fully enclosed building or structure. (See also §27-603.)
Storage Trailer, Accessory–for the purposes of this Chapter, an accessory storage trailer shall be defined as 1) that part of a tractor trailer truck which is pulled by the tractor, but which has been detached from the tractor, placed on a lot with a principal use, and is being used for storage, as an accessory use, or 2) a mobile home, travel trailer, or other similar type of manufactured housing unit, not being utilized for residential purposes, which has been placed on a lot with a principal use and is to be used exclusively for accessory storage purposes. (See also §27-604.)
Story–that portion of a building included between the surface of any floor and the surface of the floor or ceiling next above it.
Story, Half–a space under a sloping roof where the line of intersection of the roof and wall plate is not more than 3 feet above the floor level, and in which space the possible floor area with head room of 5 feet or less occupies at least 40% of the total floor area of the story directly beneath.
Street–any thoroughfare, whether public or private, located in whole or in part within Wolf Township, excluding alleys. The word “road” may be used interchangeably with the word “street.”
Street Line–the dividing line between the street right-of-way and the lot.
Structure–any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including buildings, sheds, radio towers, fences and signs, but excluding poles, playground equipment, mailboxes, lawn ornaments and other similar objects. For floodplain management purposes, the term shall also include a gas or liquid storage tank, that is principally above ground, as well as a mobile or manufactured home.
Structure, Accessory–a structure detached from a principal structure located on the same lot and customarily incidental and subordinate to the principal building, structure or use.
Structure, Principal–the main or primary structure on a given lot.
Studio–a place where a musician or artist does his work.
Subdivision–the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or 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 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
Substantial Damage–damage of any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Substantial Improvement–any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
Supermarket–See “grocery store.”
Supervisors or Township Supervisors–the Board of Supervisors of Wolf Township, Lycoming County, Pennsylvania; the elected governing body of the municipality.
Swimming Pool–any structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground pools; hot tubs; spas and fixed-in-place wading pools. [Ord. 2011-01]
Temporary Permit–a permit authorized by the Zoning Officer for a nonpermanent building, structure or use where such structure or use is deemed to be beneficial to the public health or general welfare or necessary to promote the proper development of the Township, or for temporary accessory uses. (See also §27-1503.10.)
Temporary Structure–See §27-603.
Temporary Use–a short-term use or special activity which occurs in the Township and exists for less than 1 year. It may include but is not limited to, carnivals, circuses, open-air cultural, religious or sporting events. Although such a use may be held periodically, in order to retain its temporary status, it may not be an on-going operation or use. [Ord. 2013-01]
Transient Lodging Facility–a building or structure arranged or used for sheltering, sleeping, and/or feeding of transient or overnight guests. The length of time for a guest’s stay at the facility is temporary. This use includes inns and other similar types of residential lodging establishments. Dining facilities associated with such uses may also be open or available to the public if authorized by the proper Township officials. [Ord. 2013-01]
Transportation Terminal–any building or premises upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is located or conducted, including the dispensing of motor fuel or other petroleum products, the sale of accessories or equipment for motor vehicles, or the storage of cargo. Such uses may also include overnight accommodations and restaurant facilities intended primarily to serve the needs of drivers or the motoring public.
Uniform Construction Code (UCC)–the statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
Use–the specific purpose or activity for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
Use, Accessory–a use subordinate to the principal use of a building or structure located on the same lot and serving a purpose customarily incidental to the use of the principal building or structure. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
Use, Principal–the primary purpose for which a lot is occupied or utilized.
Utility Shed–a detached accessory building to be used for the on-lot storage of personal property excluding therefrom automobiles. [Ord. 2011-01]
Variance–a modification of the provisions of this Chapter which the Zoning Hearing Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought. It also can be a grant of relief by a community from the terms of a floodplain management regulation. (See §27-1302.C for additional details and criteria to be utilized when a variance is requested.)
Veterinary Hospital or Clinic–an establishment where animals are given medical or surgical treatment and their boarding is limited to short-term care incidental to the treatment.
Violation–means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR §60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
Warehousing Facility–a building used primarily for the storage of goods and materials, including facilities handling freight for a specific commercial or industrial operation and those facilities available to the general public containing separate storage spaces of varying sizes leased or rented on an individual, self-service basis. Warehousing facility shall not include the storage of hazardous materials. [Ord. 2011-03]
Water Facility–any water works, water supply works, water distribution system or part thereof designed, intended or constructed to provide or distribute potable water.
Water System–a water facility providing potable water to individual lots or the public for human consumption.
Water System, Non-Public–all water systems which are not public water systems.
Water System, Off-Lot–an approved system in which potable water is supplied to a dwelling or other building from a central water source which is not located on the lot with the dwelling or building.
Water System, On-lot–a well or other approved system designed to provide potable water to a dwelling or other building located on the same lot as the source.
Water System, Public–A water system as defined by the Pennsylvania Department of Environmental Protection which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. [Ord. 2004-1]
Yard–an open space which lies on the same lot with a building or structure, unoccupied and unobstructed from the ground upward.
Yard, Front–an open space extending the full width of the lot between the principal building or structure and the street right-of-way line or front lot line, unoccupied and unobstructed from the ground upward.
Yard, Rear–an open space extending the full width of the lot between the principal building or structure and the rear lot line, unoccupied and unobstructed from the ground upward.
Yard, Required–the minimum area or open space required by this Chapter to be provided between any front, side or rear lot line and a principal or accessory building(s) or structure(s) on the lot.
Yard, Side–an open space extending from the front yard to the rear yard between the principal building or structure and the side lot line, unoccupied and unobstructed from the ground upward.
Zoning Hearing Board–the Zoning Hearing Board of Wolf Township, Lycoming County, Pennsylvania; appointed by the Township Supervisors.
Zoning Map–the Official Zoning Map of Wolf Township, Lycoming County, Pennsylvania, together with all notations, references and amendments which may subsequently be adopted. Said map is made a part of this Chapter as established in §27-203.
Zoning Officer–the administrative officer duly appointed by the Township Supervisors and charged with the duty of enforcing the provisions of this Chapter, the Wolf Township Zoning Ordinance.
Zoning Permit–
A. The permit required for the construction alteration, raising, or change of use of any building or structure.
B. A permit stating that the purpose for which a building or land is to be used is a conformity with the uses permitted and all their requirements. [Ord. 2011-01]
Zoning Permit Application–an application submitted to the Zoning Officer to apply for a zoning permit. Any reference to a zoning permit application shall mean an administratively complete zoning application.
(Ord. 3/13/1995, Article 13, §1301; as amended by Ord. 96-08-12.1, 8/12/1996, §IV; by Ord. 2004-1, 3/8/2004; by Ord. 2011-01, 1/3/2011, §1; by Ord. 2011-03, 4/11/2011, §§1, 2; by Ord. 2011-06, 11/14/2011, Art. II; by Ord. 2013-01, 6/10/2013; by Ord. 2016-02, 5/9/2016, §1; by Ord. 2016-05, 11/14/2016, §1; by Ord. 2017-01, 7/10/2017, § 2; by Ord. 2017-03, 7/10/2017, § 1; and by Ord. 2018-02, 9/10/2018, §1(E))