In interpreting this chapter, the present tense
includes the future; the singular number includes the plural and the
plural the singular; the word "building" includes the word "structure"
and shall be construed as if followed by the words "or part thereof;"
the word "occupy" includes the words "designed" or "intended to be
occupied;" the word "person" includes any natural persons, partnership,
firm, association or corporation.
[Amended 2-22-1979 by Ord. No. 127-G; 8-21-1980 by Ord. No.
127-I; 12-1-1980 by Ord. No. 127-I; 6-10-1982 by Ord. No.
127-L; 3-2-1992 by Ord. No. 127-P; 10-5-1992 by Ord. No. 127-R; 8-30-1993 by Ord. No. 127-S; 9-26-1996 by Ord. No. 199; 12-16-1996 by Ord. No.
202; 12-16-1996 by Ord. No. 203; 4-7-2003 by Ord. No. 239; 8-4-2003 by Ord. No. 244]
As used in this chapter, the following terms
shall have the meanings indicated:
ADULT BOOKSTOREAn establishment which has, as a substantial or significant portion of its stock-in-trade, books, magazines or other periodicals which are sexually explicit and which excludes minors by virtue of age.
ADULT MOVIE HOUSEAn enclosed building with a capacity of 50 or more persons used for presenting motion pictures, films, movies, slides or similar photographic reproductions which are sexually explicit for observation by persons therein and which excludes minors by virtue of age.
ADULT MINI THEATERAn enclosed building with a capacity of less than 50 persons used for presenting motion pictures, films, movies, slides or similar photographic reproductions which are sexually explicit for observation by persons therein and which excludes minors by virtue of age.
MASSAGE PARLORSAny place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such items by a member of the opposite sex, unless licensed as a practicing physician or chiropractor.
OTHER ADULT USESAny business, activity or use similar to or of the same general nature as the uses listed above. This definition shall include but shall not be limited to rap centers, nude wrestling studios, sensitivity centers and escort bureaus, all of which exclude minors by virtue of age as patrons thereof.
A planned development of land consisting of multiple structures
constructed expressly for use and residency of persons who have achieved
the minimum age requirement for residency of 55 years or older.
[Added 8-4-2014 by Ord.
No. 310]
The cultivating of the soil and the raising and harvesting
of the products of the soil, including, but not by way of limitation,
nursery, horticulture and forestry.
Any change in exit facilities, structural parts or mechanical
equipment which does not increase the cubic content of a building.
Satisfactions derived from ownership or occupancy, or both,
of a property because of qualities of excellence which characterize
the property and its surroundings. In appraising, the term is most
frequently used in connection with considerations relating to properties
which typically are strongly appealing to prospective buyers for owner
occupancy.
A transmitting and/or receiving device used in telecommunications
that radiates or captures radio signals.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A dwelling unit in a building containing three or more units
having some common services or facilities, or both, and served by
a common entrance hall.
A building containing three or more units having some common
services or facilities, or both, and served by a common entrance hall.
Passed upon as satisfactory by the authority by law to give
approval to the matter in question.
An establishment that furnishes, in one or more facilities,
food and shelter to four or more persons who are unrelated to the
proprietor of the establishment and that provides personal care services
which include assistance with meals, dressing, movement, bathing,
or other personal needs or maintenance; the administration of medication;
or the general supervision or oversight of a person’s physical
and mental well-being.
[Added 8-4-2014 by Ord.
No. 310]
A story partly underground but having less than half its
clear height below grade. For floodplain management purposes, a basement
shall mean any area of the building having its flood subgrade (below
ground level) on all sides.
Any enlargement of a building, whether by extending on any
side or by increasing in height, any change in the use or classification
of a main building or the moving of a building from one location to
another.
A plant or operation which has as its primary function the
mixing of rock materials with asphalt oils or other binders for road
building or construction purposes.
The area remaining on a lot, determined after calculating
the developable area, setbacks and all Township land use requirements,
on which a structure can be built.
[Amended 12-3-2007 by Ord. No. 274]
Any structure having enclosing walls and roof, permanently
located on the land.
A building subordinate to the principal building on the same
lot therewith and used for purposes customarily incidental to those
of the principal building.
STORAGE SHEDA structure designed for storage of lawn and garden equipment and similarly related items, not to exceed 15 feet by 15 feet or 225 square feet in size.
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot, excluding cornices, eaves and gutters but
including porches, breezeways and carports.
The ratio of the total ground floor area of the building
or buildings to the area of the lot on which they are located.
[Amended 12-7-2009 by Ord. No. 292]
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located, provided that, in the case of a lot where
the side lines are not parallel, the building line shall be at that
point where minimum lot width first coincides with the required lot
width but in no case closer to the street line than the required front
yard.
A building in which is conducted the principal use of the
lot on which it is situated.
A tract or parcel of land that contains the cellular communications
antenna, its support structure, accessory building(s) and parking,
and may include other uses associated with and ancillary to cellular
communications transmission.
A commercial low-power mobile radio service licensed by the
Federal Communications Commission (FCC) to two providers in a specific
geographical area, in which the radio frequency spectrum is divided
into discrete channels which are assigned in groups to geographic
cells within a service area and which are capable of being reused
in different cells within the service area.
A covered pit with open-jointed linings into which raw sewage
is discharged, the liquid portion of which is disposed of by seepage
or leaching into the surrounding porous soil, the solids or sludge
being retained in the pit.
Provision made for traffic within or through buildings, outside
areas and communities.
A development pattern wherein structures are arranged in
closely related groups, reducing lot sizes and preserving land for
open space.
All the real property and improvements set aside for the
common use and enjoyment of the residents, including, but not limited
to, buildings, open land, private roads, parking areas, walkways,
recreation areas, landscaped areas, drainage easements and any utilities
that service more than one unit such as sewer and water facilities.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of the development not including
streets, off-street parking areas and areas set aside for public facilities.
Common open space shall be substantially free of structures but may
contain such improvements as are in the development plan as finally
approved and as are appropriate for the recreation of residents.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The Lower Pottsgrove Township Comprehensive Plan of 1964
and amendments thereto, including maps, charts and/or descriptive
matter officially adopted by the Township Planning Commission and
Township Commissioners indicating recommendations for the continuing
development of the Township and including all elements required by
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
An estate in real property consisting of an undivided interest
in a portion of a parcel together with a separate interest in a space
within a structure. This form of ownership may be applied in residential,
professional office, limited industrial and commercial land uses.
The materials and methods of fabricating the various elements
of a structure or building.
The remodeling or alteration of a structure so as to accommodate
the provision of more apartment units (or dwelling units) than were
originally intended. Conversions would then include the alteration
of a nonresidential structure into a dwelling unit for at least one
family; the modification of a single-family structure so as to accommodate
more units than originally intended.
An open, unoccupied space bounded on two or more sides by
the exterior walls of a building or by exterior walls and lot lines.
INNER COURTA court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
OUTER COURTA court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable with one side or end open to a street, driveway, alley or yard.
That percentage of the area of a site occupied by buildings.
A structure at or near the top of the low-power mobile radio
service telecommunications facility which provides support and horizontal
separation for the antenna(s).
A minor street with entrance and exit at the same end.
The elevation of the top of a curb at a given point with
a reference to a designated datum.
A written instrument whereby an estate in real property is
conveyed by a grantor to a grantee.
DEED RESTRICTIONA restriction upon the use of a property placed in a deed.
WARRANTY DEEDA deed in which, either expressly or by implication, the grantor guarantees that the title which he undertakes to transfer has not been previously conveyed by him and is free from defects and that the property is unencumbered except as stated and for himself and heirs agrees to defend and protect the grantee against any loss which may be suffered by reason of the existence of any other title or interest in the property existing at the time the deed was executed and not excepted therein.
The number of units (persons, families or dwellings) per
acre or square mile.
Those floodplain conservation districts specifically designated
by this chapter as being inundated primarily by the one-hundred-year
flood. Included would be areas identified as Floodway District (FW),
Floodway-Fringe (FF), Approximated Floodplain (FA) and alluvial soil.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of the one-hundred-year
magnitude as specifically defined in this chapter.
[Amended 12-3-2007 by Ord. No. 274]
The portion of a lot, site or parcel which shall
be used for density calculations. The permissible developable area
shall be calculated according to the following equation and shall
be sufficiently substantiated using evidence in the form of plans
and data to support the calculations:
|
Gross site acreage less:
| |
|
Acreage of existing road rights-of-way
| |
|
Acreage of noncontiguous land
| |
|
100% of floodplain acreage
| |
|
100% of wetland acreage
| |
|
100% of pond or lake acreage
| |
|
50% of slopes from 15% to 25% (acres)
| |
|
85% of slopes over 25% (acres)
| |
|
50% of existing utility rights-of-way
(acres)
| |
|
Equals: Developable Area
|
In the calculation of developable area, the
following shall apply:
Land separated by roads or railroads or land
where the connecting link is less than 50 feet wide is considered
noncontiguous land.
The calculated one-hundred-year floodplain shall
be used where available.
Where two or more categories overlap, the overlapping
acreage shall be counted only once, using the most restrictive classification
to yield or permit the smallest developable area.
Utility corridors owned in fee simple by the
utility shall not be counted toward the applicant's land area.
The density of a lot (number of units or square
footage of buildings) shall be determined by dividing the developable
area by the minimum lot size allowed in a zoning district and rounding
to the nearest whole number.
The term "developable area" may also be referred
to in this chapter as "net density" or "site capacity," and all terms
are to be determined in the manner set forth above.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, mining,
dredging, filling, grading, excavation or drilling operations, the
subdivision of land and the storage of materials or equipment.
The provisions for development of a planned residential development,
including a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities. The phrase "provisions of the development
plan" shall mean the written and graphic materials mentioned above.
An antenna or array of antennas designed to concentrate a
radio signal in a particular area.
A store in the business of filling medical prescriptions
and the sale of drugs, medical devices and supplies and nonprescription
medicines as well as the sale of retail goods of a general nature
and retail services such as photography developing and products, deliveries,
etc., which may or may not include a drive-through for the purpose
of dropping off and picking up prescriptions.
A house, an apartment or other group of rooms or a single
room is regarded as a dwelling when it is occupied or intended for
occupancy as separate living quarters, that is, when the occupants
do not live and eat with other persons in the structure and there
is either: a) direct access from the outside or through a common hall;
or b) a kitchen or cooking equipment for the exclusive use of the
occupants of the unit.
When described in the pertinent articles of this chapter,
the various dwelling types are intended to have the following meanings:
SINGLE-FAMILY DETACHED DWELLING (or SINGLE-FAMILY DWELLING)A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjoining building.
TOWNHOUSE (or SINGLE-FAMILY ATTACHED DWELLING)A building designed for and occupied exclusively as the residence for one family with party walls (except in the case of end units) in common on both sides.
TWIN (or TWO-FAMILY SEMIDETACHED DWELLING)A building designed for and occupied by two families having one party wall in common with each dwelling unit.
DUPLEX (or TWO-FAMILY DETACHED DWELLING)A building designed for and occupied by two families, one living above the other, having a common partition between them and having no party wall in common with an adjoining building.
MULTIFAMILY DWELLINGSA detached building occupied by three or more families, each living independently of the other.
GARDEN APARTMENTA multifamily dwelling, as defined above, which is three stories or less in height.
A vested or acquired right to use land other than as a tenant
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
The product of the antenna power input and the numerically
equal antenna power gain.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public, provided that in residential districts
an electric substation shall not include rotating equipment, storage
of materials, trucks or repair facilities, housing of repair crews,
offices or places of business.
An establishment where horses or similar animals are boarded
and cared for; where instruction in riding, jumping, showing and other
related activities is offered; and/or where horses may be hired for
riding.
[Added 12-3-2007 by Ord. No. 276]
A large, privately owned lot comprising all or part of an
area of open land. The purpose of the estate lot is to provide surrounding
residents with visual access to open land while keeping the land under
private ownership and maintenance. Only a small portion of the estate
lot may be developed; the remainder may be farmed or left in its natural
state. Public access to estate lots is not required.
A collective body of two or more persons living and cooking
together who occupy a dwelling unit as a single housekeeping unit
and are related by blood, marriage, adoption, as foster children or
domestic bond, or as a community living arrangement (CLA), said CLA
being a residential grouping of handicapped people which is designed
to emulate a permanent family-like environment with twenty-four-hour
supervision by people qualified by training and experience in the
field for which the CLA is intended and as licensed under applicable
federal, state and local programs.
A temporary condition of partial or complete inundation of
normally dry land areas.
A relatively flat or low land area adjoining
a river, stream or watercourse which is subject to partial or complete
inundation.
An area subject to the unusual and rapid accumulation
or runoff of surface waters from any source.
Alluvial soils as defined by the USDA Natural
Resources Conservation Service, Montgomery County Soil Study (1967).
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineers, U.S. Army, Publication No. EP 1165 2 314 (June 1972, and
as subsequently amended). Floodproofing measures for all new construction
and substantial improvements of structure shall satisfy the requirements
of the completely dry spaces (W1) and essentially dry spaces (W2)
classes referenced in these regulations. In said publication where
reference is made to "below" (or "above") the "BFD" (base flood datum)
it shall be interpreted as meaning below (or above) the base flood
elevation.
A low-power mobile radio service telecommunications facility
that consists of a stand-alone support structure, antennas and associated
equipment. The support structure may be a wooden pole, steel monopole,
lattice tower, light standard or other vertical support. Whip antennas
on a freestanding low-power mobile radio service facility may extend
the maximum of 15 feet above the highest portion of a structure to
which they are attached; panel antennas may extend a maximum of six
feet above the highest portion of the structure to which they are
attached.
The extent of a building or of land along a public road or
public waterway.
PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the service or repair thereof nor for the sale of fuel, accessories or supplies.
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of gasoline or other motor
vehicle fuel or accessories, and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles but
which shall not include painting or body and fender repairs.
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, if any, expressed
in square feet and measured from the center line of joint partitions
and from outside wall faces.
A building occupied as a dwelling by no more than five occupants
(including house parents and/or supervisors) who receive twenty-four-hour
resident supervision, licensed under an applicable state program.
If the house parents and/or supervisors serve on a rotating basis,
only that number at the dwelling at any one time shall be counted
as occupants.
A building's vertical measurement from the main level of
the ground surrounding the building to a point midway between the
highest and lowest points of the roof, provided that chimneys, spires,
towers, elevator penthouses, tanks and similar projections shall not
be included in calculating the height.
Any building listed in "Architectural Survey: Report of 1981-1982,
Lower Pottsgrove Township, a project of the Historical Committee of
the Cornerstone of the Arts, Inc." October 1984, or any addendum to
the building list approved by the Board of Commissioners.
An activity carried out for financial gain by a resident
and conducted as a customary, incidental and accessory use in the
resident's dwelling which does not change the character thereof. Low-impact
home occupations include: dressmaking, millinery, upholstery, furniture
refurbishing (excluding paint stripping operations) or similar handicrafts;
professional offices of an architect, physician, dentist, engineer,
lawyer, musician, photographer, teacher, or practitioner of similar
character; day-care of five children or less; or other low-impact
home occupations of similar character and impact. Low-impact home
occupations shall not include the following: a barber, beauty shop
or hair stylist; tearoom; tourist or boardinghouse, bed-and-breakfast;
kennel or equestrian facility.
[Added 12-3-2007 by Ord. No. 276]
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.
[Added 12-3-2007 by Ord. No. 276]
A community association combining individual home ownership
with shared use or ownership of common property and facilities. The
homeowner owns the lot, including the interior and exterior of the
individual home, while the association owns and maintains the common
facilities.
A building used for the purpose of furnishing for compensation
more or less temporary lodging to the public, with or without meals,
and having lodging accommodations for 10 or more persons.
Any area or surface which prevents the infiltration of water
into the ground. Impervious surfaces include but are not limited to
any structure, roof, walkways, swimming pools, parking or driveway
areas, areas covered by gravel, concrete, non-porous asphalt and/or
similar material, and any other similar areas determined by the Township
Engineer/Building Inspector to be impervious.
[Added 4-5-2021 by Ord.
No. 353]
A structure or public utility or an other installation or
physical change made in a property with a view to increasing its value,
utility or beauty.
A facility containing dwelling units, accessory uses and
support services specifically designed for occupancy by persons 55
years of age or older. Such facilities may include accommodations
for persons who are fully ambulatory or who require no medical or
personal assistance or supervision, as well as accommodations for
persons who require only limited or intermittent medical or personal
assistance.
[Added 8-4-2014 by Ord.
No. 310]
Any structure or premises in which more than six dogs or
domesticated small animals more than one year old are housed, groomed,
bred, boarded, trained or sold.
[Added 12-3-2007 by Ord. No. 276]
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), a lessee having a
remaining term of not less than 40 years, or other person having a
proprietary interest in land, shall be deemed to be a landowner.
A part of the earth's surface or the view of a portion of
land or land and water as seen from any given point.
The alteration of existing ground conditions together with
construction and development of ground features, including minor structures.
A guyed or self-supporting three- or four-sided open, steel
frame structure used to support telecommunications equipment.
A space accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
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.
FRONT OF LOTThe edge of a lot which borders on the highway or street. In the case of a corner lot, the front may be designated by the proper authority or by election of the owner.
[Amended 12-7-2009 by Ord. No. 292]
LOT AREAThe total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street line shall be deemed a portion of any lot area; the area of any lot abutting a street shall be measured to the street line only.
LOT LINEA property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts the street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street line even though such may be the property boundary line.
LOT WIDTHThe width of a lot measured at the building line.
REAR OF LOTThe edge of a lot opposite the front. In the case of triangular or gore lot, the rear is designated by the authority having jurisdiction.
A system of low-power commercial telecommunications facilities
which allows wireless conversation to occur from site to site.
Mobile service provided for various uses, including: a) for
profit; b) interconnected to public switch network; c) available to
the public for such classes of eligible users as to be effectively
available to a substantial portion of the public, which service must
propose to or have developed multiple network sites within the County
of Montgomery and any surrounding counties bordering Lower Pottsgrove
Township.
A facility which consists of equipment for the
reception, switching and transmission of low-power mobile radio service
communications. Such facility may be elevated (either building-mounted
or ground-mounted) transmitting and receiving antennas, low-power
mobile radio service base station equipment and interconnection equipment.
The categories of facility types include:
For purposes of zoning district height limitations,
the height of freestanding low-power mobile radio service telecommunications
facilities shall be measured from the average elevation of the finished
grade of the building or structure.
An unmanned facility consisting of equipment for the reception,
switching and/or receiving of wireless telecommunications operating
at 1,000 watts or less effective radiated power (ERP), including,
but not limited to, the following:
Point-to-point microwave signals.
Signals through FM radio translators.
Signals through FM radio boosters under 10 watts
effective radiated power (ERP).
Cellular, enhanced specialized mobile radio
(ESMR) and personal communications networks (PCN).
Private low-power mobile radio service.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of the National
Flood Insurance Program regulations.
A grass or low shrub field maintained so as not to become
a forest.
A low-power mobile radio service telecommunications facility
used to provide increase capacity in high cell demand areas or to
improve coverage in areas of weak coverage. Microcells communicate
with the primary low-power mobile radio service facility in a coverage
area via fiber-optic cable or microwave. Coverage area for a microcell
is typically a one-mile radius or less. Microcells shall not exceed
the following maximum characteristics:
Pole height. Not to exceed the height limit
of the underlying zoning district as measured from the average elevation
of the finished grade of the building or structure; height is measured
to the top of the antennas.
Permissible number of whip or panel antennas:
four.
Permissible number of microwave antennas: one.
Size of accessory building: No building permitted.
Setback requirements: The setback requirements
as established for any accessory building or structure within the
applicable zoning district shall apply.
A dish-like antenna manufactured in many sizes and shapes
used to link communications sites together by wireless transmission
of voice or data.
The least environmental disturbance possible give the allowed
development density. It shall not mean zero loss of vegetation or
slope disturbance and it shall be incumbent upon the applicant to
prove that vegetation loss and slope disturbance is minimized.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site complete and
ready for occupancy except for minor and incidental unpacking and
assembly operations and constructed so that it may be used with or
without a permanent foundation. The term does not include recreational
vehicles or travel trailers. For floodplain management purposes, the
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
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.
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.
A structure composed of a single spire used to support telecommunications
equipment.
A building or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate ground-floor
entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
the providing of sleeping accommodations for automobile travelers
and is suitable for occupancy at all seasons of the year.
In a cluster subdivision, a development consisting of between
five and 25 single-family detached dwellings surrounded by open land
that comprises at least 50% of the tract area.
See definition of "buildable area."
[Added 12-3-2007 by Ord. No. 274]
Structures for which the start of construction commenced
on or after December 1, 1980, and includes any subsequent improvements
to such structures.[1]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
[Added 12-3-2007 by Ord. No. 276]
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
[Added 12-3-2007 by Ord. No. 276]
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
[Added 12-3-2007 by Ord. No. 276]
Land separated by roads, railroads or land where the connecting
link is less than 50 feet wide.
A facility that provides lodging and skilled nursing care
for elderly, disabled, chronically ill or convalescent patients.
[Added 8-4-2014 by Ord.
No. 310]
An antenna that is equally effective in all directions, and
whose size varies with the frequency and gain for which it is designed.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year). This is more precisely defined/delineated in this chapter in § 250-38.
The elevation of the one-hundred-year flood as referenced
in the Flood Insurance Study, prepared by the Federal Insurance Administration,
Federal Emergency Management Agency. Within the Approximated Floodplain
or other floodplain where the one-hundred-year flood elevation is
not provided, this elevation shall be established as a point on the
boundary of the approximated or other floodplain closest to the construction
site in question.
Within a cluster subdivision, that portion of a tract (at
least 60%) that is set aside for the protection of sensitive natural
features, farmland, scenic views and other unique features. Open land
may be accessible to the residents of the development and/or the municipality
or it may contain areas of farmland or estate lots which are not accessible
to the public.
A reasonably level space available for the parking of one
motor vehicle not less than 10 feet wide and 18 feet deep, exclusive
of passageways, driveways or other means of circulation or access.
[Amended 12-6-2021 by Ord. No. 355]
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
An area of land, controlled by a landowner, to be developed
as a single entity for a variety of dwelling types and incidental
institutional or commercial uses if deemed desirable by the Board
of Commissioners.
All other forms of wireless telecommunications which have
similar physical facilities as commercial low-power mobile radio service,
but which do not meet the definition of "commercial mobile radio service."
An office for a physician, lawyer, dentist, architect, professional
engineer, planner or other such profession, but not including beauty
shop or mortuary.
A formal meeting held pursuant to public notice by the Board
of Commissioners or planning agency intended to inform and obtain
public comment prior to taking action in accordance with this chapter.
Notice published once each week for two 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 seven days from the date of the hearing.
A building or structure and its equipment used for the transmission
and exchange of telephone, radio, television, gas, power, sewer and
water facilities; provided, however, that in a residential district
these shall not include public business facilities, storage of materials,
trucks or repair facilities or housing of repair crews.
An excavation or other place from which stone, gravel, sand,
slate or other minerals are removed by cutting, digging, blasting
or other means and including, but not limited to, those related operations
of crushing, sorting, sizing or stockpiling of quarried materials
including overburden and topsoil as well as sediment basins and equipment
maintenance and parking area.
The process of removing stone, gravel, sand, slate or other
minerals by cutting, digging, blasting or other means and including,
but not limited to, those related operations of crushing, sorting,
sizing or stockpiling of quarried materials including overburden and
topsoil as well as sediment basins and equipment maintenance and parking
area.
A plant or operation which has as its primary function the
mixing of materials to make concrete.
A low-power mobile radio service telecommunications facility
that extends coverage of a cell to areas not covered by the originating
cell. Repeater facilities shall not exceed the following maximum characteristics.
Pole height: in all zoning districts, not to
exceed the underlying zoning district height limit as measured from
the average elevation of the finished grade of the building or structure;
height is measured to the top of the antennas.
Permissible number of whip or panel antennas:
four.
Permissible number of microwave antennas: one.
Size of accessory building: one accessory building
up to 100 square feet gross floor area in size.
Setback requirements: The setback requirements
as established for any accessory building or structure within the
applicable zoning district shall apply.
An area of land, whether or not paved or otherwise improved
in any way, acquired by reservation, dedication, prescription or condemnation
and intended to be occupied by a street, crosswalk, railroad, electric
transmission lines, oil or gas pipeline, waterline, sanitary storm
sewer or other similar public or private uses.
[Added 12-7-2009 by Ord.
No. 292]
The legal lines that form the boundaries of a right-of-way.
[Added 12-7-2009 by Ord.
No. 292]
The minimum width for a street or other corridor, computed from the center line, as required by state or federal highway departments or as described in the Township Subdivision and Land Development Ordinance (Chapter 215), which is expected to be needed in the future to adequately and properly accommodate the anticipated vehicular and pedestrian traffic and related appurtenances, based on the function of the road in the circulation system, and is the line from which required setbacks are measured.
[Added 12-7-2009 by Ord.
No. 292]
A low-power mobile radio service telecommunications facility
in which antennas are mounted to an existing structure on the roof
(including rooftop appurtenances) or building face. Roof- or building-mounted
facilities may include microcell and/or repeater facilities. Such
facilities must be screened, constructed or colored to match the existing
structure to which they are attached. Roof- and/or building-mounted
facilities shall not exceed the following maximum criteria:
The facility may include up to a maximum of
four whip antennas, which may extend a maximum of 15 feet above the
highest portion of the structure to which they are attached, including
any rooftop appurtenances.
The facility may extend a maximum of six feet
above the highest portion of the structure to which it is attached,
including any rooftop appurtenances.
A single accessory building may be constructed,
provided that the building does not exceed 500 square feet gross floor
area (GFA).
Antennas on the rooftop or above a structure
shall be screened, constructed and/or colored to match the structure
to which they are attached. Antennas mounted on the side of a building
or structure shall be painted to match the color of the building or
structure or the background against which they are most commonly seen.
Microwave antennas exceeding 12 inches in diameter on a roof- or building-mounted
facility shall not exceed the height of the structure to which they
are attached, unless fully enclosed. If an accessory equipment shelter
is present, it must blend with the surrounding building(s) in architectural
character and color.
Any dwelling or part thereof in which space is let by the
owner or operator to more than five persons who are not members of
the family.
A public sanitary sewer system or a comparable common or
package sanitary sewer facility approved by the appropriate governmental
health agency.[2]
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
Structures such as homes, offices or retail buildings; but
does not include sheds, garages or other outbuildings.
See definition of "developable area."
[Added 12-3-2007 by Ord. No. 274]
That part of a building comprised between any floor and the
floor or roof next above.
A public or privately owned right-of-way serving as a means
of vehicular and pedestrian travel, furnishing access to abutting
properties.
See "ultimate right-of-way line."
Any form or arrangement of building materials involving or
providing proper support, bracing, tying, anchoring or other protection
against the forces of the elements.
The science or technology of communications by electronic
transmission of impulses as by telegraph, cable, telephone, radio,
television, microwave, earth station broadcast/cable television communications
and other similar technology not otherwise enumerated and as may evolve
after enactment of this chapter.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone or radio telephone
messages between subscribers and other business of the telephone company.
A dwelling in which sleeping accommodations for less than
10 persons are provided or offered primarily for automobile travelers
for compensation.
A parcel or multiple adjacent assembled parcels, all of the
same owner or equitable owner, intended for subdivision or land development,
treated as one parcel for calculation purposes. A tract may be bisected
by a road, right-of-way, railroad, property line or watercourse.
[Added 12-1-2014 by Ord.
No. 316]
A vehicle without motive power which may be towed on public
highways by a passenger automobile without a special hauling permit,
which is designed for human occupancy under transient circumstances
such as camping, travel or other recreation, and having a body width
not exceeding eight feet and a body length not exceeding 32 feet.
A parcel of land under single ownership which has been planned
and improved for the placement of trailers for transient use.
[Amended 12-7-2009 by Ord. No. 292]
See "right-of-way, ultimate."
[Amended 12-7-2009 by Ord. No. 292]
COMMERCIAL USEUsed predominantly for trade or commercial service purposes.
INDUSTRIAL USEUsed for manufacturing purposes often accompanied by warehouses, freight yards, docks, etc.
RESIDENTIAL USEUsed for a purpose related to the residential character of the property.
The remodeling or alteration of a residential structure to
accommodate more dwelling units than existing; and/or the transformation
of a structure either from a residential use to a nonresidential use
or from a nonresidential use to a residential use.
BEARING WALLA wall which supports any vertical load in addition to its own weight.
COMMON WALLA wall owned by one party but jointly used by two parties, one or both of whom is entitled to such use under the provisions of a lease.
DRY WALLA wall of stone or other durable material laid without mortar.
FIRE WALLA wall which subdivides a building to restrict the spread of fire. It starts at the foundation and extends continuously through all stories to and above the roof.
FOUNDATION WALLAny bearing wall or pier below the first-floor construction.
PARAPET WALLThat part of an exterior, party or fire wall extending above the roofline.
PARTY WALLA wall used jointly by two parties under easement agreement and erected at or upon a line separating two parcels of land that may be held under different ownership.
An antenna that is cylindrical in shape which can be directional
or omnidirectional. Its size varies based upon the frequency and gain
for which it is designed.
An open unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky.
YARD, FRONTA yard extending the full width of the lot along the front line and extending in depth from the front lot line to the nearest point of any structure on the lot.
YARD, REARA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.
YARD, SIDEA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any structure on the lot.
Division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land
and height, area, bulk and use of buildings and yard requirements
and, in some states, density of population. Zoning is effected by
local ordinance under the police power of the state granted by specific
legislation generally termed an "enabling act."
Zoning is a part of city or community planning designed to
promote and protect the health, safety, morals, convenience, prosperity
and general welfare of the inhabitants of the community. By a zoning
ordinance, a municipality may be divided into districts in which the
use of land; the use, height and bulk of buildings; the density of
population; and the area of the lot upon which buildings may be placed
are regulated. (From "The Preparation of Zoning Ordinances," 1931.)
Formerly the "Zoning Board of Adjustment," as defined in Article XXX, herein.
[1]
Editor's Note: The definition of "nonconforming
building or use," which immediately followed this definition, was
repealed 12-3-2007 by Ord. No. 276.
[2]
Editor's Note: The definition of "sign," which immediately followed this definition, was repealed 11-15-2007 by Ord. No. 275; see now Art. XXVI, Signs, of this chapter.
[3]
Editor's Note: The definition of "nonconforming use," which
immediately followed this subsection, was deleted 12-7-2009 by Ord.
No. 292.
