GUIDE TO USING THIS ZONING ORDINANCE

ARTICLE II

DEFINITIONS

§201. Inclusions.

As used in this Ordinance words expressed in the singular include their plural meanings and words expressed in the plural include their singular meanings. The words applicant, developer, person, subdivider and owner include a corporation, unincorporated association and a partnership or other legal entity, as well as an individual. The word building includes structures and shall be construed as if followed by the phrase or part thereof. The word street includes thoroughfare, avenue, boulevard, court, expressway, highway, lane, arterial and road and shall be construed as if followed by the phrase or part thereof. The words should and may are permissive, the words must, shall and will are mandatory and directive.

§202. Definitions.

The following words or phrases, when used in these regulations shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

ACCESSORY USE OR STRUCTURE: A use of land or of a structure or portion thereof incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. A portion of a principal building used for an accessory use shall not be considered an accessory structure.

ADJUSTED TRACT ACREAGE (ATA): The tract area remaining when slopes in excess of twenty five percent (25%) and all wetland areas have been deducted from the gross tract acreage. ATA is used to calculate both density and open space. See Articles 313, 314 and 315 for specific density, lot and yard requirements.

ADULT ENTERTAINMENT ESTABLISHMENT: An establishment, such as an adult bookstore or boutique, having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, films, or devices that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas. An establishment, such as an adult cabaret, devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, or that features topless or nude dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation, and or participation by patrons. An establishment, such as an adult cinema, presenting motion picture material, within a theatre, rooms, or booths, distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

After Hours Club: A use that permits the consumption of alcoholic beverages by 5 or more unrelated persons between the hours of 2 a.m. and 6 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.

AGENT: Any person other than the owner who, acting for the owner, submits an application for the purpose of obtaining approval in accordance with this Ordinance.

AGRICULTURAL PRODUCTION/LIVESTOCK PRODUCTION: An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops or commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

AIRPORT: An area and related support facilities used for the landing and take-off of motorized aircraft that carry people.

ALLEY: A right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS: As applied to a building or structure, means any change or rearrangement in the structural parts of 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 FACILITY: A tract or area used principally as a location for permanent amusement structures or rides, or engages in activities which are subject to amusement tax. These include, but are not limited to, amusement parks, racetracks, golf courses, arcades, miniature golf, go-cart or all terrain vehicle tracks, driving ranges, commercial picnic areas and lakes, pay fish ponds, bowling alley, pool halls, climbing facilities, indoor sports arenas or similar uses.

ANIMAL HOSPITAL: See definition for Animal Kennel.

ANIMAL HUSBANDRY: The commercial breeding and commercial use of animals and the keeping for commercial breeding, raising, boarding or use of fowl, goats, pigs, sheep, or larger animals such as cattle, horses, exotic cats, ostriches, emus etc.

ANIMAL KENNEL: A commercial establishment where dogs and cats are bred, raised, boarded or trained. Animal Hospitals that board animals will follow the guidelines for animal kennel. The keeping of a reasonable number of customary household pets is not considered with the definition of animal kennel.

ANTENNA, COMMERCIAL COMMUNCIATIONS TOWER OR ANTENNA: A structure, partially or wholly exterior to a building, used for transmitting or re-transmitting electronic signals through the air, and that does not meet the definition of a "standard antenna". Commercial communications antennae shall include, but are not limited to, antennae used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to re-transmit wireless telecommunications. A commercial communications tower shall be a structure over thirty (30) feet in height that is primarily intended to support one or more antenna. See standards in Section 402.

A. Guyed Tower. A Commercial Communications Tower that has diagonal cables running from the sides of the tower to the ground.

B. Lattice Tower. A Commercial Communications Tower that involves a structure with multiple legs and cross supports.

C. Monopole Tower. A Commercial Communications Tower that involves a single shaft as its structural support. One or more platforms are typically placed at the top of the tower to hold antenna.

D. Self-Supporting Tower. A Commercial Communications Tower that does not use guy wires and is not attached to a principal building.

ANTENNA, STANDARD: A device, partially or wholly exterior to a building, that is used for receiving television or radio signals for use on-site, or for transmitting short-wave or citizens band radio signals.

APPLICANT: A landowner or agent, as hereinafter defined, who has filed an application for the purpose of obtaining approval in accordance with this Ordinance.

APPLICATION: Any application required to be filed for approval in accordance with the requirements of this Ordinance.

ASSISTED LIVING FACILITY: Residences that provide rooms, meals, personal care, and supervision of prescribed medication. They may provide other services, such as recreational activities, financial services, and transportation.

ATTIC: Non-living space in or above a dwelling unheated with headspace of less than six and one-half (6.5) feet.

AUTO SERVICE STATION: Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels, servicing and repair of motor vehicles, and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. This includes gas stations and vehicle repair. This may include a convenience store provided that all requirements applicable to such use are met.

AUTO REPAIR GARAGE: An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "Auto Service Station". An Auto Repair Garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "Auto Service Station" is also permitted as part of an "Auto Repair Garage".

BASEMENT: An enclosed floor area partly or wholly underground. A basement shall be considered a "story" if a) the majority of the basement has a clearance from floor to ceiling of six and one-half (6.5) feet or greater and b) the top of the ceiling of the basement is an average of 5 or more feet above the finished grade along the front side of the building that faces onto a street.

BATHHOUSE STRUCTURE: An accessory structure generally used in conjunction with a swimming area, used for changing and temporary storage of swimmers' belongings.

BED AND BREAKFAST OR BOARDING HOUSE : A home occupation in which the owner or tenant rents at least one but not more than six rooms, designed for casual and transient roomers and serves breakfast and no other meal.

BLOCK: A tract of land, a lot or groups of lots, bounded by streets, public parks, water courses, boundary lines of the Township, unsubdivided land or by any combination of the above.

BOARD OF SUPERVISORS: The Board of Supervisors of Tunkhannock Township, Monroe County.

BUFFER: A strip of land that separates one use or feature from another and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways.

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 COVERAGE: The percentage of the area of the lot covered or occupied by the total horizontal projected surface area of all buildings on the lot and including accessory buildings and structures (including covered porches, carports and breeze ways, but excluding open and uncovered patios and decks).

BUILDING ENVELOPE: An area on a lot which has been designated as the area in which development may occur. Building envelopes are identified by building setbacks, conservation areas, site conditions and other factors, and shall be specifically designated on the development plan and established by deed covenants and restrictions.

BUILDING HEIGHT: The vertical distance of a building measured from the average level of the highest and lowest portion of the building site covered by the building to the highest point of the roofline. Maximum height of all structures is thirty five (35) feet above the finished grade. This height restriction will not apply to agricultural structures such as silos, essential service structures, or residential chimneys.

BUS, LIMOUSINE, TAXI TERMINAL, STATION, OR PARK AND RIDE: Any premises for the storage or parking of motor-driven vehicles including, but not limited to, buses, limousines, taxis, private or commercial vehicles, and the loading and unloading of passengers.

BUSINESS SERVICES: Services benefiting or assisting businesses including such activities as advertising services, credit reporting and collection, duplicating, mailing, telemarketing, stenographic services, employment services, financial institutions, research and development and other similar services.

CAMP: An area that includes facilities and structure for primarily outdoor recreational activities by organized groups, and/or that involves overnight stays within seasonal cabins or temporary tents by organized groups and/or transient visitors to the area.

CAMPGROUND OR RECREATIONAL VEHICLE PARK: A plot of ground upon which two or more campsites are located, established or maintained for temporary occupancy by persons using tents or recreational vehicles, and which shall not be used for long term residency of occupants. All campgrounds and recreational vehicle parks shall be considered a recreational subdivision or land development.

CAMPING, TEMPORARY EVENT: The limited use of a parcel to rent campsites to patrons of a particular event such as a carnival, circus, concert, parade, race, or sporting event. Campsites are offered for a single weekend, or 3 nights, only. No more than twice a year.

CAMPSITE: A lot within a recreational vehicle park or campground to be used for camping purposes, and acting as a site for travel trailers, truck campers, camper trailers, motor homes, or tents, marked by the developer on a plan as a numbered, lettered, or otherwise identified tract of land.

CARPORT: A building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.

CARTWAY (ROADWAY): The portion of a street right-of-way paved or unpaved intended for vehicular use, including the travelway and shoulders.

CELLAR (see Basement): A story in a building with a dirt floor, which is partially or completely below the finished grade abutting the exterior walls. A cellar shall not be counted as a story in determining the gross floor area of a building unless it has a six and one-half (6.5) foot clearance or more.

CEMETERY: Property used for the burying of the dead. This definition includes human and pet cemeteries.

CERTIFICATE OF COMPLETION/OCCUPANCY: A certification, based on an inspection and signed by the Zoning Officer stating that a building , structure, sign , and/or land complies with the Zoning Ordinance, or that a building, structure, sign, and/or land may be lawfully occupied or used.

CHANGE OF USE: Any use that substantially differs from the previous use. A change of use requires a Zoning Permit and may require a land development plan.

CHURCH: See definition of Place of Worship.

CLEAR-SIGHT TRIANGLE: An area of unobstructed vision at street intersections defined by the right-of-way lines of the streets and by a line of sight between points on their right-of-way lines at a given distance from the intersection of the right-of-way lines.

CLINIC: An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are lodged less than twenty four (24) hours. This definition includes ambulatory health facilities.

CLUBS AND FRATERNAL ORGANIZATIONS: A group of persons organized for a common purpose to pursue common goals, interests, or activities with regular meetings.

COMMERCIAL DISTRICTS: The Neighborhood Commercial (C-1) and General Commercial (C-2) zoning districts.

COMMUNITY ASSOCIATION: A homeowners association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.

COMMUNITY CENTER: A building used for recreational, social, educational, and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.

COMPOSTING, AGRICULTURAL: The storage and/or utilization of agricultural and food process wastes, leaf wastes, screenings and sludge of animal feed or waste, including manure, generated on-site for the purpose of producing composted materials for the exclusive on-site use of such materials to improve the condition of the soil, grow crops or in restoration of the land for such agricultural purposes.

COMPOSTING, RESIDENTIAL: The storage and/or utilization of agricultural and vegetable food process wastes, leaf wastes, post consumer material, residual wastes generated exclusively on-site for the purpose of producing composted materials for exclusive on-site use of such materials to improve the on-site conditions of the soil, growth of crops or plants or in the reclamation or restoration of the land for such agricultural or landscaping purposes.

COMPREHENSIVE PLAN: The Coolbaugh, Mount Pocono, Tobyhanna, Tunkhannock Township Comprehensive Plan including all maps, charts and textual matter.

CONCENTRATED ANIMAL FEEDING OPERATION: Any operation which involves the raising of livestock or poultry where the animal density exceeds, on an annualized basis, two thousand pounds live weight of livestock or poultry.

CONDITIONAL USE: A use permitted in a particular zoning district when it is shown that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the Zoning Ordinance and authorized by the Board of Supervisors.

CONSERVATION AREA, PRIMARY: Those areas of a development tract which are comprised of lands within the 100-year floodplain, wetlands, or lands having slopes in excess of twenty five (25) percent on which development is not permitted.

CONSERVATION AREA, SECONDARY: Those areas of a development tract which are somewhat less sensitive than primary conservation areas and which may be critical to the effect the development will have on the natural environment.

CONSERVATION DESIGN SUBDIVISION: A subdivision designed at the dwelling unit density specified in the Township Zoning Ordinance where individual lots are reduced in size, important natural resources are conserved, and the resultant open space is preserved in perpetuity.

CONSERVATION EASEMENT: A right or interest in land granted primarily for the preservation of the land in its undeveloped state but which may allow limited development (e.g., a residential structure) and other compatible uses such as agriculture and forestry.

CONSERVATION OPEN SPACE: That part of a particular conservation design subdivision development tract set aside for the protection of sensitive natural features, farmland, scenic views and other primary and secondary conservation areas identified by this Ordinance. Conservation Open Space may be accessible to the residents of the development and/or the Township, or it may contain areas of farmland or forestland, which are not accessible to project residents or the public.

CONVENTIONAL DESIGN SUBDIVISION: A subdivision designed at the dwelling unit density specified in the Township Zoning Ordinance where individual lot reduction is not permitted.

COUNTY PLANNING COMMISSION: The Planning Commission of Monroe County, Pennsylvania.

COVERAGE, BUILDING: That portion of the lot covered by all primary and accessory structures, including primary buildings, decks, porches and accessory buildings.

COVERAGE, LOT: That portion of the lot covered by all created improvements, including but not limited to primary buildings, decks, porches, accessory buildings, paving, patios, sidewalks, pools and other impervious areas.

CRAWL SPACE: An unoccupied space beneath a building with an unfinished floor, which is partially or completely below the finished grade abutting the exterior walls and having a height of less than six (6) feet. A crawl space shall not be counted as a story in determining the gross floor area of a building.

CULTURAL CENTER: A building open to the public which contains exhibits of a cultural interest, such as a museum, art gallery, nature center, library, etc.

DAY CARE, CHILD: A facility, including but not limited to nursery schools, preschools, or academic learning centers, which cares for children.

DAY CARE, OTHER: A facility that cares for special needs individuals, such as handicapped, elderly or disabled individuals.

DEP: The Pennsylvania Department of Environmental Protection

DETACHED STRUCTURE: A structure with yards surrounding all sides.

DRIVE-IN STAND/USE: An establishment that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

DRIVEWAY: A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage on the said road.

DWELLING: A structure or portion thereof which is used exclusively for human habitation.

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 having been used as such for ten (10) or more years into three (3) to five (5) dwelling units and not exceeding two and one-half (2 ½) stories or thirty-five (35) feet in height.

B. GARDEN APARTMENT: Multi-family dwelling originally designed as such; containing three (3) or more dwelling units and not exceeding two and one-half (2 ½) stories or thirty-five (35) feet in height, not including townhouses.

C. TOWNHOUSE: Multi-family dwelling three (3) or more dwelling units of no more than two and one-half (2 ½) stories or thirty-five (35) feet in height, in which each unit has its own front and rear accesses to the outside, no unit is locate over another unit and each unit is separated from any other unit by one or more common fire resistant walls.

D. MEDIUM HIGH-RISE APARTMENT: Multi-family dwellings of no more than two and one-half (2 ½) stories or thirty-five (35) feet in height but not exceeding the height limitations (in feet) of the Zoning Ordinance.

DWELLING, SINGLE-FAMILY: A detached dwelling unit accommodating one family, including mobile homes as defined in this Ordinance.

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.

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 IN CONJUNCTION WITH A NONRESIDENTIAL USE: A structure or portion thereof that is used exclusively for human habitation in conjunction with an approved nonresidential use. The lot/area requirements for each use shall be used to determine the total lot/area requirements for the combined usage.

EARTH DISTURBANCE ACTIVITY: Any construction or other activity which disturbs the surface of the land including but not limited to excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.

EATING AND DRINKING ESTABLISHMENTS: Retail operations, with or without liquor licenses, selling food and drink for consumption on premises, including lunch counters and refreshment stands which sell prepared foods and drinks for immediate on-site consumption.

EMPLOYEE: For purposes of this Ordinance the definition of employee will include, but is not limited to, full or part-time workers, volunteers, proprietors and all professionals.

ESSENTIAL SERVICES: Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the area in which they are to be located. Essential services include the providers of natural gas, electrical, steam, communication, telephone, sewer, water, and public safety including police, fire protection and ambulance service, and other similar services, but not including wireless communication facilities, gas stations or correctional facilities.

EXCAVATIONS, MINES AND FILL OPERATIONS: Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances, other than vegetation, from water or land, whether exposed or submerged, or any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades, of an area more than one-half (1/2) acre or more than three (3) foot deep or high. This definition does not include French drains or establishing or repairing foundations.

EXISTING USE: Any legally established existing use of a building or structure, lot or parcel of land or part thereof, as of the effective date of this Ordinance may be continued.

EXISTING RESOURCE AND SITE ANALYSIS PLAN: A detailed plan showing existing conditions on the proposed site. See SALDO Section 402.3 for specific requirements.

FAMILY: A group of individuals not necessarily 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.

FENCE: A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts.

FILING FEES AND COSTS: The Board of Supervisors has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this Ordinance. No application shall be considered filed or permit valid until all fees are paid.

FISHING ACTIVITIES, COMMERCIAL: Fishery activities including fee fishing. Retail sales of items necessary to or customarily utilized in fee fishing activity by fee fishing clients only on a seasonal basis is permitted as an accessory use similar to drive-in stands for sale of home grown produce.

FLEA MARKET: A temporary or permanent market in an open area or structure, outside an amusement facility, where sites leased to transient retail businesses offering goods for sale.

This definition doesn't include the following:

A. Farmer's markets or similarly structured events are exempt from licensing fees to the extent that the farmers, cooperatives, or similar business structures operating the market, are wholly owned by the farmers, who produced the produce and are actually selling the produce.

B. Yard sales, or similar activities, held not more than two 2 consecutive weeks and no more than twice a year.

FLOODPLAIN: A relatively flat or low land area adjoining a river, stream, or water course which is subject to partial or complete inundation once in every one hundred (100) years. Any portion of a lot that is located within the 100-year floodplain shall not be included as a part of required lot area as set forth in this Ordinance.

FLOOR AREA OR GROSS FLOOR AREA: The total area of all floors as measured to the outside surfaces of exterior walls, or from the centerline of party walls separating two buildings , but excluding crawl spaces, cellars, and unfinished and unheated attics with an apex height of less than six and one half (6.5) feet. Enclosed porches and basements that are utilized as habitable space are included.

FORESTRY: The management of forests and timberlands when 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.

FUEL OIL AND GAS SALES AND STORAGE: The bulk storage of fuel oil, gasoline, kerosene, propane, or similar fuels for sales and distribution.

FUNERAL HOME: A building used for the preparation of the deceased for burial, the display of the deceased, and rituals connected therewith before burial or cremation.

GAMBLING: The dealing, operating, carrying on, conducting, maintaining, or exposing for pay, any game. This definition includes off-track betting.

GARAGE SALE: See definition of Yard Sale.

GARDENING, NURSERIES AND GREENHOUSES, RESIDENTIAL: Home gardening and accessory structures used for nurseries or as greenhouses are permitted in residential districts provided that they are not used for commercial purposes.

GOVERNING BODY: The Tunkhannock Township Board of Supervisors.

GROUP HOME: A building used as group living quarters for a student body, religious order, the sheltered care of persons with special needs, developmentally disabled, victims of domestic violence, or other needs. This definition includes, but is not limited to dormitories, fraternities, sororities, religious quarters, and boarding for sheltered care. In addition to food and shelter these facilities may also provide some combination of personal care, social or counseling services, and transportation. A group home does not include the use of "Treatment Center".

HAZARDOUS STRUCTURE: Any dwelling, building or structure that has been damaged by fire, wind, neglect or other causes so as to render it dangerous to life, safety, health and welfare of its occupants or the public at large. Hazardous structures may include but are not limited to:

A. Any dwelling or building which has parts thereof which are so attached that they may fall and injure persons or property.

B. Any dwelling or building which has support member or members which have deteriorated to such an extent as to be unable to safely support the applied loads or which have considerable damage or deterioration of the non-supporting enclosed or outside walls or covering.

C. Any vacant building which is not weather tight and whose doors and windows are not secured.

D. Any dwelling or building whose walls and vertical members list, lean or buckle to such an extent that there is danger of collapse.

HAZARDOUS SUBSTANCE: A product or waste, or combination of substances that because of the quantity, concentration, physical or infectious characteristics, if not properly treated, stored, transported, used or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into ground water resources and the subsurface environment which includes the soil and all subsequent materials located below.

HEIGHT: The vertical distance measured from the average elevation of the proposed ground level of the building to the highest point of a structure.

HELIPORT: An area used for the take-off and landing of helicopters, and related support facilities.

HOME OCCUPATION : Any use conducted entirely within a dwelling or a permitted accessory structure which is carried on only by the inhabitants of such dwelling or one additional person and which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change its character.

HOME OWNERS ASSOCIATION: See definition for Community Association.

HOSPITAL: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, and including, as an integral part of the institution, related facilities, training facilities, medical offices, and staff residences.

HOTELS AND MOTELS: A facility offering lodging accommodations to the general public and may provide additional accessory services, such as eating and drinking establishments, meeting rooms, entertainment, and recreational facilities.

HUNTING AND FISHING CLUBS: A group of persons organized for a common purpose to pursue common goals, such as hunting and fishing. Activities and structures shall comply with applicable articles of this Ordinance.

I -INDUSTRIAL DISTRICT: To provide space for those manufacturing and other types of industrial activities which can be developed and operated with minimal conflicts with the natural environment and rural residential character of the Township.

IMPERVIOUS SURFACE: Area covered by roofs, concrete, asphalt or other non-porous cover. The Township Engineer shall decide any dispute over whether an area is impervious.

IMPROVEMENTS: Those physical additions, installations and changes required to render land suitable for the use proposed (also referred to as "Required Improvements").

JUNK: Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliance, motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers and building materials. Junk shall not include: a) solid waste temporarily stored in an appropriate container that is routinely awaiting imminent collection and proper disposal, b) toxic substances awaiting imminent collection and proper disposal, c) yard waste, or d) items clearly awaiting imminent recycling at an appropriate location.

JUNK VEHICLE: Includes any vehicle or trailer that meets any of the following conditions:

A. cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs,

B. cannot be towed, in regards to a trailer designed to be towed,

C. has been demolished beyond repair,

D. has been separated from its axles, engine, body or chassis, and/or

E. includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle.

JUNKYARD: Any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk or junk vehicles.

LAND DEVELOPMENT: (1) A subdivision of land; (2) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

A. A group of two (2) or more residential or non-residential buildings, whether proposed initially or cumulatively, or a single non-residential building on a lot or lots regardless of the number of occupants or tenure; or

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

The definition of Land Development shall also include the expansion or addition to a nonresidential building which involves any of the following as measured cumulatively from the effective date of this provision:

A. The addition of twenty-five (25) percent or more of floor area to the original structure; or

B. The increase by twenty-five (25) percent or more of impervious area (including building area) on the parcel; or,

C. Any increase in impervious area which will result in the generation of storm water in such volume as will not be controlled by existing storm water facilities pursuant to the requirements of this Ordinance.

The definition of Land Development shall not include the following:

A. The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than three (3) residential units, unless such units are intended to be a condominium;

B. The addition of an accessory building, including farm buildings, on a lot subordinate to an existing principal building.

C. The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an Amusement Park. For the purposes of this subclause, an Amusement Park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an Amusement Park until the proper authorities have approved initial plans for the expanded area.

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

LOADING, UNLOADING SPACE: An off-street space or berth used for the loading or unloading of cargo, products, or materials from vehicles. Each off-street loading and unloading space shall be a minimum of fourteen feet by seventy-five feet and in addition have sufficient maneuvering room, as not to in interfere with any street, road or highway, and separate from other parking to eliminate traffic conflicts within off-street loading and parking areas.

LOT: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

LOT, CORNER: A lot or parcel of land abutting upon two or m