Definitions. When used in this Chapter, the following words, terms
and phrases shall have the following meanings, unless expressly stated
otherwise or unless the context clearly indicates otherwise.
ABUT
Next to or adjacent to, and includes the words "directly
across from streets, natural features and rights-of-way."
ACCESS DRIVE
A privately owned, constructed and maintained vehicular access
from a public or private street to four or more off-street parking
spaces or to at least one loading space.
ACCESSORY BUILDING
A building (such as a private garage, private tool house
or children's playhouse or a noncommercial greenhouse) which is subordinate
and accessory to a principal building on the same lot and which is
used for purposes customarily incidental to those of the principal
building.
ACCESSORY STRUCTURE
A structure serving a purpose customarily incidental to the
use of the principal building and located on the same lot as the principal
building.
ACCESSORY USE
A use subordinate to the principal use on the same lot and
customarily incidental thereto.
ADJACENT
A state of being side by side, next to, adjoining, contiguous
or abutting one to another.
ADULT BOOKSTORE
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 sexual activities or an establishment with
a designated segment or section devoted to the sale or display of
such material.
ADULT MOTION PICTURE THEATER
An enclosed building or outdoor theater used for presenting
motion pictures, slides or video tape disks or similarly reproduced
images distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual activities for observation by patrons
therein.
AGE QUALIFIED HOUSING
Housing units arranged and constructed to serve the needs
of older persons who prefer an independent residential environment.
Age qualified housing shall comply with applicable regulations of
the Federal Fair Housing Act, as amended.
AGRICULTURE
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.
ALLEY
A public or private way affording only secondary means of
access to the back or side properties otherwise abutting on a street.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or mechanical equipment or an enlargement
of the building and/or structure, whether by extending on a side or
by increasing in height, or the moving from one location or position
to another.
ANIMAL HOSPITAL
A building, structure or area of land where animals are given
medical care, other than the premises where such animals are normally
kept.
ANIMAL HUSBANDRY
The raising and keeping of livestock, fish, fur-bearing animals,
honey bees or poultry for any commercial purpose. The keeping of livestock,
fish, fur-bearing animals, honey bees or poultry as farm pets or for
domestic purposes pursuant to the regulations of this Chapter shall
not be construed as animal husbandry.
ARCADE
A place of business where three or more coin operated video
screen game machines are located.
AUDITORIUM
A building containing a stage and seating for meetings and/or
performances.
AUTO, RECREATION VEHICLE OR BOAT SALES AREA
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles, recreation vehicles
or boats in operable condition, and where no major repairs are done.
AUTO REPAIR GARAGE
Buildings and land where gasoline and other automobile parts
and supplies are sold at retail and where major auto repairs are conducted.
AUTO SERVICE STATION
Buildings and land areas where gasoline, oil, grease, batteries,
tires or automobile accessories are supplied and dispensed at retail
and where minor auto repairs and services are conducted.
AUTO WRECKING
The dismantling or disassembling of used motor vehicles or
recreation vehicles, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
BANK
Includes Savings and Loan, finance companies, credit unions
and other similar commercial or financial entities.
BASEMENT
That portion of a building which is partly below and partly
above grade and having more than 1/2 its height above grade (see "cellar").
BEACON LIGHTING
Any source of electric light, whether portable or fixed,
the primary purpose of which is to cast a concentrated beam of light
generally skyward as a means of attracting attention to its location
rather than to illuminate any particular sign, structure, or other
object.
BLOCK
Property bounded on one side by a street, and on the other
three sides by a street, railroad right-of-way, public park, waterway,
Borough line, tract of land held in separate ownership or any combination
thereof.
BOARD
Any body granted jurisdiction under a land use ordinance
or under this Chapter to render final adjurations.
BOARDING HOUSE
A building used for the purpose of a residence for one family
in which the resident rents a room within the building, or in a building
accessory thereto, to not more than six nontransient persons, with
or without the provision of table board for such persons.
BOROUGH
The Borough of Red Hill, Montgomery County, Pennsylvania.
BOROUGH COUNCIL
The duly elected governing body of the Borough of Red Hill,
Montgomery County, Pennsylvania.
BUFFER
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, "buffer" may be included as part
of the required setbacks and yard areas. Buffers are divided into
two types.
A.
SCREEN BUFFERA buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to provide a minimum initial barrier of 60% and to effectively block the view from one side to another during all seasons of the year.
B.
SOFTENING BUFFERA buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to provide a minimum initial barrier of 35% and to soften and ease the view from one side to another during all seasons of the year.
BUILDING
A structure having a roof supported by columns or walls,
used for the shelter, housing or enclosure of persons, animals or
property. "Building" is interpreted as including "or part thereof."
BUILDING COVERAGE
The ratio obtained by dividing the maximum horizontal cross-section
of all principal and accessory buildings on a lot (including balconies
and decks, covered porches, carports and breeze-ways but excluding
patios) by the total area of the lot upon which the buildings are
located.
BUILDING LINE
The line of a structure or building existing at the effective
date of this Chapter or the legally established line which determines
the location of a future building or structure with respect to any
lot line and yard requirement.
BUILDING HEIGHT
A building's vertical measurements from the one mean level
of 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.
CABARET
A club, bar, tavern, theater, hall or similar place which
features topless or bottomless dancers, entertainers or employees,
strippers, simulated sex acts, live or actual sex acts or similar
entertainers or entertainment.
CAMPGROUND
Any lot, parcel or tract of land upon which space is rented
for two or more tents, recreation vehicles, camping trailers, travel
trailers, pick-up coaches, motor homes or any combination thereof
for temporary occupancy.
CARPORT
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
CARTWAY
The paved portion of a street or highway designed for vehicular
traffic.
CELLAR
That portion of a building which is partly or completely
below grade, and having more than 1/2 of its height below grade (see
"basement").
CEMETERY
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including crematoriums, mausoleums
and mortuaries when operated in conjunction with and within the boundary
of such cemetery.
COMMERCIAL SERVICES
A business which provides a service or sells retail goods
predominately to businesses and not to the general public (including
quick-printing, office supply stores, etc.).
COMMISSION
The Planning Commission of the Borough of Red Hill.
CONDITIONAL USE
A use permitted in a particular zoning district by the Borough
Council pursuant to the provisions of this Chapter and Article VI
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601
et seq.
CONDOMINIUM
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963 or the Pennsylvania Uniform Condominium
Act.
CONSTRUCTION
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position; includes
the demolition of a preexisting building; provided, that further construction
be diligently carried on.
CONVERSION
To change or adapt land or structures to a different use,
occupancy or purpose.
COUNTY
The County of Montgomery, Commonwealth of Pennsylvania.
CURATIVE AMENDMENT
A proposed zoning amendment made to Borough Council by any
landowner who desires to challenge on substantive grounds the validity
of an ordinance which prohibits or restricts the use or development
of land in which he has an interest.
DAY CARE CENTER
A facility in which care is provided for seven or more children
at any one time, where the child care areas are not being used as
a family residence. Care shall be provided by full-time adult supervision;
children served by the day care center shall be under the age of 12.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this Chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the County and judicial district wherein the Borough
lies.
DETACHED
A state of being surrounded on all sides by yards.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
B.
The Zoning Hearing Board.
C.
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
DEVELOPABLE ACRE
A measurement of land area which excludes the area of the
existing rights-of-way and includes only the land that can be built
on.
DIGITAL DISPLAY
The portion of the sign message made up of internally illuminated
components capable of changing the message periodically. Digital displays
may include but are not limited to LCD, LED, or plasma displays.
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 Pennsylvania Department of Health to dispense Medical Marijuana. The term does not include a health care medical marijuana organization under Chapter
19 of the Medical Marijuana Act.
DISTRICT OR ZONING DISTRICT
A portion of the territory of the Borough within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this Chapter.
DRIVEWAY
A privately owned and constructed vehicular access and parking
facility from a private or public street or alley to accommodate off-street
parking spaces.
DUMP
A site used primarily for the disposal by abandonment, dumping,
burial, burning or other means and for whatever purpose of garbage,
trash, junk, vehicles or parts thereof, or waste material of any kind.
DUMPSTER
A.
TEMPORARY DUMPSTERA dumpster not used for regular collection of trash but placed on or at a property for a special purpose such as collection of demolition waste, construction waste, items discarded while moving, clean outs, fire and/or flood restoration or other temporary special purpose.
B.
REGULAR COLLECTION DUMPSTERA dumpster located on a property for the regularly-scheduled collection of waste generated on the property, including, but not limited to, regular household waste, garbage, perishables and similar waste which is collected on a scheduled and routine basis. The definition of a regular collection dumpster shall include dumpsters for multi-family residential waste collection but shall not include trash cans, wheeled trash totes, trash bags or any other portable trash receptacles used for collection of individual residential household waste.
DWELLING OR DWELLING UNITS
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 (1) direct access from the outside or through a common hall
or (2) separate kitchen or cooking equipment for the exclusive use
of an occupant of the unit.
DWELLING TYPES
A.
(1)
MOBILE HOMEA transportable single-family detached dwelling, other than a travel trailer or motor home, as hereinafter described certified by appropriate State and Federal agencies intended for permanent occupancy contained in one or more units designed to be joined into one integral unit capable of again being relocated, which arrives at the site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
(2)
MODULAR HOMEA single-family detached dwelling designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent foundation and connected to utilities. The term "modular home" shall not be deemed to include a "mobile home."
B.
SINGLE-FAMILY ATTACHED DWELLINGA multi-dwelling building designed for and occupied exclusively as the residence for one family per dwelling with no more than two party walls in common with any other dwelling.
C.
SINGLE-FAMILY SEMI-DETACHED DWELLING (TWIN)A two-dwelling building designed for and occupied exclusively as the residence for one family per dwelling and having a party wall unpierced by openings in common with the adjacent dwelling; but detached from any other building.
D.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A two-dwelling building designed for and occupied exclusively as the residence for one family per dwelling with one of the dwellings being wholly or partly over the other rather than side by side.
E.
MULTIFAMILY DWELLINGS (MULTIPLEX)A detached multiple-dwelling building occupied exclusively as the residence of three or more families, each living independently of the other in individual dwellings.
(1)
LOW-RISE APARTMENTA multifamily dwelling (multiplex), as defined above, which is three stories or less in height.
(2)
MID-RISE APARTMENTA multifamily dwelling (multiplex), as defined above, which is four or five stories in height.
F.
VILLAGE SINGLE DWELLINGA building designed for and occupied exclusively as a dwelling for one family that is detached from neighboring structures. A village single dwelling is permitted on a smaller lot than a traditional single-family detached dwelling and typically has a smaller front yard.
EASEMENT
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.
FACADE
The face of a building, especially the principal front that
looks onto a street or open space. A facade may be a building face
given special architectural treatment.
FAMILY
Any number of individuals living together as a single, housekeeping
unit and doing their cooking on the premises, when said individuals
are related by blood, marriage or adoption, including any number of
foster children under the care of same; or no more than five unrelated
individuals living together as a single, housekeeping unit using a
single kitchen facility and a common eating area. Domestic servants
shall be considered an adjunct to the term "family." This definition
excludes the occupants of a club, fraternity house, lodge, residential
club and boarding house.
FAMILY DAY CARE HOME
Any premise other than the child's own home, operated for
profit or not for profit, in which child day care is provided at any
one time to a maximum of six children who are not relatives of the
caregiver.
FARMER'S MARKET
An area where two or more enterprises sell agricultural,
horticultural and animal husbandry products.
FAST FOOD RESTAURANT
A building in which food is prepared and served to the public
for consumption, but where no waiters or waitresses take orders and
serve food to seated patrons at tables, booths or counters.
FENCE
A manmade barrier constructed of commercially-available fencing
materials purchased from a reputable retailer or wholesaler and placed
or arranged as a line of demarcation between lots or to enclose a
lot or a portion thereof. Fencing constructed of pallets, scrap lumber,
scrap wood or unmilled wood from trees or other noncommercially-available
fencing material is specifically prohibited. The term "Fence" shall
be deemed to include a wall constructed as a line of demarcation between
lots or to enclose a lot or a portion thereof. All such walls must
be constructed of materials approved by Borough Council prior to the
issuance of permits and construction of the wall.
FESTOON LIGHTING
A type of illumination comprised of either:
A.
A group of incandescent light bulbs hung or strung overhead
or on a building or other structure; or
B.
Light bulbs not shaded or hooded or otherwise screened to prevent
direct rays of light from shining on adjacent properties or rights-of-way.
FLOOR AREA (GROSS FLOOR AREA)
The total area of all floors, as measured to the outside
surfaces of exterior walls (or from the center line of party walls
separating two buildings), but excluding cellars, crawl spaces, garages,
carports, attics without floors, open porches, balconies, decks, basements
and terraces.
FOOTCANDLE
A unit of light intensity stated in lumens per square foot
and measurable with a luminance meter.
GARAGE, PRIVATE
An 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 two commercial vehicles or trucks may be stored in a
private garage.
GARAGE, PUBLIC
A 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.
GARAGE, STORAGE
A one-story private or public building used solely for the
storage of motor vehicles (other than trucks) but neither used for
the sale, service or repair thereof nor used for the sale of fuel,
accessories or supplies.
GARAGE SALE
Includes all sales entitled "garage sale," "yard sale," "lawn
sale," "attic sale," "rummage sale," "flea market sale" or any similar
casual sale of tangible personal property.
GENERAL MERCHANDISE STORE
A building with less than 10,000 square feet of floor area
in which retail merchandise is sold, except for any type of business
selling any type of merchandise which is specifically listed in this
Chapter.
GOVERNMENT SERVICES AND FACILITIES
Municipal, County, State or Federal government buildings
or facilities designed and intended to be occupied by the government
or designed and intended for public use sponsored by such governments.
GRADE
The elevation of finished ground or paving.
GROSS SITE AREA
The total area of a lot as measured to its deeded boundaries.
GROUP HOME
A building occupied as a residence by one resident supervisor
and no more than five residents who receive twenty-four-hour resident
supervision and is licensed under an applicable State program.
GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to grow and process Medical Marijuana. The term does not include a health care medical marijuana organization under Chapter
19 of the Medical Marijuana Act.
GROWING/PROCESSING FACILITY
A building or structure used to grow and process Medical
Marijuana by a licensed Grower/Processor that meets all requirements
of the Medical Marijuana Act.
HAZARDOUS WASTES
Those wastes where a significant potential exists for causing
adverse public health or environmental impacts as defined by either
State or Federal law and/or if the waste is handled, stored, transported,
treated or disposed of in a manner customarily accepted for nonhazardous
solid or liquid wastes and/or subject to special State or Federal
licensing.
HEALTH CLUB
A building where indoor exercise equipment and facilities
are provided for members and guests.
HISTORICAL CONSULTANT
A consultant who shall possess the professional qualifications
of the National Park Service as designated by the Secretary of the
Interior's Standards and Guidelines for Archeology and Historic Preservation.
The qualifications of the consultant shall include the minimum education
and experience required in one or more of areas of expertise such
as: history, archeology, architectural history, architecture, or historic
architecture.
HOME OCCUPATION
An accessory use that is customarily carried on within a
dwelling unit or in an accessory building by one or more occupants
of such dwelling unit except that one person not residing in such
dwelling may be employed.
HOSPITAL
A building used for the diagnosis, treatment or other care
of human ailments. Unless otherwise specified, "hospital" shall be
deemed to also include a sanitarium, sanitorium, clinic, medical center
or other equivalent use.
HOTEL
A building used for the purpose of furnishing for compensation
temporary lodging to the public, with or without meals, and having
lodging accommodations for 10 or more persons.
HOUSING FOR THE ELDERLY
Those housing units designed for and intended for occupancy
exclusively by those persons over the age of 62. Such units include,
but are not limited to, those projects developed under applicable
Federal and/or State housing assistance programs. Such housing units
shall contain appropriate safety features pertinent to the needs of
their residents and recreational and other community facilities as
an integral part of their development concept.
ILLUMINATION
A source of any artificial or reflected light, either directly
from a source of light incorporated within or indirectly from an artificial
source.
IMPERVIOUS COVERAGE
The land area covered by buildings and paved surfaces which
do not permit water to penetrate into the soil. Buildings, parking,
driveways, compacted gravel surfaces, walks, courts, pools (swimming
and ornamental) and patios are included unless constructed of pervious
or porous materials as determined by the Borough.
IMPROVEMENT
A structure or public utility, or any other installation
or physical change made in a property with a view to increasing its
value, utility or appearance.
JUNK OR SALVAGE
Any discarded material or articles including, but not limited
to, scrap metallic or nonmetallic items, whole or parts of vehicles
and equipment, paper, glass, containers and structures. It shall not
include refuse or garbage kept in a proper container for the purpose
of prompt disposal.
JUNKYARDS (SALVAGE YARDS)
Any land or structure where junk or salvage is discarded,
bought, sold, exchanged, stored, bailed, cleaned, packed, disassembled
or handled.
KENNEL
Any lot on which three or more adult (over six months of
age) dogs or cats are kept.
KITCHEN FACILITIES
Consist of all the following: sink with piped water, a permanent
cookstove and a refrigerator.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
C.
"Land development" does not include development which involves:
(1)
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
(2)
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building.
(3)
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 subsection, 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 initial plans for the expanded
area have been approved by the proper authorities.
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), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LITTLE FREE LIBRARY
An accessory use whereby books that any person may borrow
are placed into a Little Free Library Book Stand constructed on a
lot.
LITTLE FREE LIBRARY BOOK STAND
An accessory structure consisting of a small stand and enclosed
box at the top that contains a door and is designed to hold approximately
20 books that are available for use by members of the public.
LOADING, UNLOADING SPACE
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of the 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.
A.
CORNER LOT A lot having contiguous frontage on two or more intersecting roads. The yard setback for each road frontage shall be the front yard setback for the district in which the lot is located. One of the other two sides shall have a rear yard setback and the other shall be the side yard.
B.
INTERIOR LOTA lot other than a corner lot (whose sides do not abut a street).
C.
REVERSE FRONTAGE LOTSLots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.
LOT AREA
The total horizontal area of the lot lying within the lot
lines; provided, that no area of land lying within any street line
(existing or future) shall be deemed a portion of any lot area. The
area of any lot abutting a street shall be measured from the existing
right-of-way or ultimate right-of-way whichever is greater.
LOT AREA, GROSS
The area of land contained with the property lines of a parcel,
tract or lot as described in the deed or as shown on an approved subdivision
plan.
LOT AREA, NET
The gross lot area, excluding the following areas:
A.
Any area within the street ultimate right-of-way, or within
any other ultimate right-of-way, whether public or private, that provides,
or is intended to provide, access to more than one lot by way of vehicular
and/or pedestrian circulation.
B.
Any area, easement or right-of-way to be used for emergency
access, drives or fire lanes.
LOT DEPTH
The mean average horizontal distance between the front and
the rear lot lines.
LOT LINE
Any property boundary line of a lot, further defined as follows:
A.
FRONT LOT LINEThe line identical with the street ultimate right-of-way line (also known as "street line").
B.
REAR LOT LINEThe line or lines most nearly parallel or concentric to the front lot line.
C.
SIDE LOT LINESThe lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable. The remaining line shall be considered the rear lot line.
D.
A lot which fronts on more than one street shall have a front
lot line on each street frontage.
LOT WIDTH
The horizontal distance between side lot lines, measured
at the building line, parallel or concentric to the ultimate right-of-way
line. For a corner lot, lot width shall be measured parallel or concentric
to the ultimate right-of-way line of the higher classification of
street, where applicable.
MAJOR AUTO REPAIRS
Includes major mechanical and body work, straightening of
body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in service
stations.
MASSAGE PARLOR
Any place or establishment where a massage is available,
including, without limitation, a massage school, but excluding a hospital,
nursing home, medical clinic, the office of a duly licensed physician,
surgeon, physical therapist, chiropractor or osteopath, or a barbershop
or beauty salon in which a massage is administered only to the scalp,
face, neck or shoulders. As used herein, a massage shall be construed
to mean the performance of manipulative exercises upon the human body
of another as a method of treating the external parts of the human
body for comfort or pain, consisting of rubbing, stroking, kneading,
tapping or vibrating with the hand or hands or with any instrument,
and excluding overtly or strongly suggestive sexual contact, including,
without limitation, genital contact.
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in the Medical
Marijuana Act.
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
A building or structure used as a Dispensary or a Growing/Processing Facility. The term does not include a health care medical marijuana organization under Chapter
19 or a clinical registrant under Chapter
20 of the Medical Marijuana Act.
MEDICAL OFFICE BUILDING
A building used exclusively by physicians or dentists for
treatment and examination of patients; provided, that no overnight
patients shall be kept on the premises.
MEMBERSHIP CLUB
An area of land or building owned, leased or occupied by
an association of persons, operated solely for a recreational, social,
fraternal, religious, political or athletic purpose, and whose activities
are confined to the members and guests.
MINOR AUTO REPAIRS AND SERVICES
Includes:
A.
Sale and servicing of spark plugs, batteries and distributors
and distributor parts.
B.
Tire servicing and repair but not recapping or regrooving.
C.
Replacement of mufflers and tail pipes, water hoses, fan belts,
brake fluid, light bulbs, fuses, floor mats, seat covers, windshield
wipers and wipe blades, grease retainers, wheel bearings, mirrors
and the like.
D.
Radiator cleaning and flushing.
E.
Washing and polishing, and sale of automotive washing and polishing
materials.
F.
Greasing and lubrication.
G.
Providing and repairing fuel pumps, oil filters and lines.
H.
Minor servicing and repair of carburetors.
I.
Emergency electrical repairs.
J.
Adjusting and repairing brakes.
K.
Minor motor adjustment not involving removal of the head or
crankcase or racing the motor.
L.
Mini grocery store with sales of packaged foods, beverages,
tobacco and similar convenience goods for filling station customers,
as accessory to principal operation.
M.
Provision of road maps and other informational material to customers;
provision of rest room facilities.
N.
State inspection and normal State inspection repairs.
O.
Excludes all body work and painting.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
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 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.
MOTOR COURT OR MOTEL
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
providing sleeping accommodations for automobile travelers and is
suitable for occupancy at all seasons of the year.
MOTOR HOME
A self-propelled recreational vehicle which includes facilities
for transient human occupancy such as traveling or camping.
MOTOR FREIGHT TERMINAL
The building plus contiguous space to which freight is brought
for transfer, assembly and sorting for shipment by motor truck.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
NITS
A unit of measurement of luminance, or the intensity of visible
light, where one nit is equal to one candela per square meter. Nits
are used to describe the brightness of displays.
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. The business or commercial activity must satisfy the requirements set forth in §
27-409.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this Chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this Chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this Chapter or amendment
or prior to the application of this Chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this Chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this Chapter or amendment, or prior to the application
of this Chapter or amendment to its location by reason of annexation.
NURSERY/GREENHOUSE
The raising of trees (for transplanting), ornamentals, shrubs,
flowers or houseplants for any commercial purpose.
NURSING HOME
A building containing sleeping rooms used by elderly persons
who are lodged and furnished with meals with or without nursing care.
Unless otherwise specified, a "nursing home" shall be deemed to also
include a convalescent home, rest home, life care community or other
similar use.
OFFICE
A building in which a business is conducted, but no merchandise
is displayed or professional or personal services are performed.
OFFICIAL MAP
The official map as adopted or amended by Borough Council
showing the characteristic of streets, watercourses and public grounds.
OFFICIAL ZONING MAP
The map as adopted or amended by Borough Council which designates
the location and boundaries of zoning districts.
OPEN SPACE
Public or private lands designated for the use and enjoyment
of residents of a development and/or the general public, incorporating
natural features such as woodlands, streams, or meadows, and including
state, county or Red Hill Borough parks, trails, and other recreational
facilities. Also includes "common open space" as defined below and
other private lands which are available for the use of Red Hill Borough
residents (i.e., through access easements). (See "open space, common.")
OPEN SPACE, COMMON
A parcel or parcels of land, an area of water or a combination
of land and water within a development site designed and intended
for the use and enjoyment of Red Hill Borough residents or occupants
of the development or community or for the protection of natural or
historic resources, not including streets, off-street parking areas
and areas set aside for public facilities. Common open space shall
not be part of individual residential lots and shall be substantially
free of structures but may contain recreational facilities (including
tennis courts, playgrounds, golf courses, swimming pools or other
like uses) for park users or historic buildings as are shown in the
approved development plan.
ORCHARD
The raising and keeping of tree crops for any commercial
purpose, including a Christmas tree farm.
ORDINANCE
The Zoning Ordinance for the Borough of Red Hill, including
the Official Zoning Map, and any amendments enacted by Borough Council.
PARK
Any publicly owned area which is predominantly open space
and is used principally for active or passive recreation.
PARKING FACILITIES
Outdoor areas, such as parking lots, or specially designed
buildings or garages used for the parking and storage of vehicles.
PARKING SPACE
A reasonably level space, available for the parking of one
motor vehicle.
PATIO
An area or courtyard which is not covered by a roof or permanent
awning, and is designed for outdoor living purposes as an accessory
use to a structure. A patio with footers, for purposes of this Chapter,
shall be considered a structure which complies with all applicable
yard requirements in this Chapter.
PENNANT
A triangular or irregular piece of fabric or other material,
commonly attached in strings or strands, or supported on small poles
intended to flap in the wind.
PERMIT
A document issued by the proper Borough authority authorizing
the applicant to undertake certain activities.
A.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough which authorizes an applicant to commence with said construction, alteration or reconstruction.
B.
OCCUPANCY PERMITA permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this Chapter and may be used for the purposes set forth in the occupancy permit. For purposes of this Chapter, an occupancy permit is also issued for all commercial and industrial uses and for multiple-family dwellings where there is change in the use of a structure or parcel of land or the re-occupancy of a structure of land.
C.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with this Chapter which authorizes an applicant to proceed with said use, building or structure.
PERMITTED USE
A use which does not require special action by the Zoning
Hearing Board or by Borough Council before a zoning permit is granted
by the Zoning Officer.
PERSON
An individual, partnership, organization, association, trust
or corporation. When used in a penalty provision, "person" shall include
the members of such partnership, the trustees of such trust and the
officers of such organization, association or corporation.
PERSONAL SERVICE
A business which provides a service oriented to personal
needs which do not involve primarily retail sales of goods or professional
advisory services. Personal services includes barber and beauty shops,
shoe repair shops, household appliance repair shops and other similar
establishments.
PLANNED DEVELOPMENT
An area of land under single ownership containing any combination
of two or more principal uses permitted by right, as a special exception,
or as a conditional use in the district in which the development is
proposed; provided, special exception use or conditional use approval
must be obtained for any proposed use so listed in the regulations
of the district in which the development is proposed.
PORCH
A roofed or unroofed structure projecting from the front,
side or rear wall of a building.
PORTABLE STORAGE CONTAINER
A weather-resistant, portable storage and/or moving container,
with or without wheels affixed to the container, designed to be readily
moved by truck and/or trailer, which is used for storing and/or moving
of personal property.
PROFESSIONAL OFFICE
A building in which services are performed by a member of
a profession including, but not limited to, an accountant, architect,
author, community planner, dentist, engineer, insurance agent, landscape
architect, lawyer, minister, notary, optometrist, physician, realtor
or undertaker.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas.
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, 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 Act of June 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. §§
271 et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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.
RADIO/TV TRANSMITTER
Any structure used for the transmission or retransmission
of a commercial radio or TV broadcast signal.
RENTAL UNIT
One or more rooms intended to be occupied by one family as
separate living quarters but does not contain one or more of the following:
sanitary facilities, kitchen facilities or direct access from the
outside or through a common hall.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
RESTAURANT
A building in which food is prepared and served to the public
for consumption, where waiters or waitresses take orders and serve
food to people at tables, booths or counters.
RETAIL CENTER
A building with 10,000 square feet or more of floor area
in which retail merchandise is sold, except for any type of business
selling any type of merchandise which is specifically listed in this
Chapter.
RETAIL STORE
A building with less than 5,000 square feet in floor area
in which retail merchandise is sold, except for any type of business
selling any type of merchandise which is specifically listed in this
Chapter.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied at some
future date by roads, railroads, transmission lines, pathways, oil
and gas pipelines, waterlines, sewer lines, and other similar facilities.
SANITARY FACILITIES
All of the following: sink with piped water, a toilet and
a bathtub or shower with piped water.
SEWAGE DISPOSAL SYSTEM
A system designed to collect, treat and dispose of sewage
as defined by the Sewage Facilities Act of Pennsylvania.
SHOPPING CENTER
A group of commercial establishments planned, developed,
owned and managed as a unit, with parking shared.
SIGN
A visual display or image which is affixed to, painted or
represented directly or indirectly upon a building, structure, land
or any surface and which directs attention to an object, product,
service, place, activity, person, institution, organization or business,
regardless of whether such display or image is permanent or temporary,
which shall include all corporate logos, symbols or any other icons
representative of any type of business, even if such logos, symbols
or icons do not contain any lettering; however, displays or images
which are purely decorative such as decorative wood work or other
gratuitous decorative art work surrounding a sign shall be excluded.
A.
ABANDONED SIGNA sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 180 days in the case of off-premises signs or at least 360 days in the case of on-premises signs.
B.
ANIMATED SIGNA sign depicting action, motion, or light or color changes through electrical or mechanical means.
C.
BALLOON SIGNA lighter-than-air, gas-filled balloon, tethered in a fixed location, which contains an advertisement message on its surface or attached to the balloon in any manner.
E.
ILLUMINATED SIGNA sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.
F.
INTERACTIVE SIGNAn electronic or animated sign that reacts to the behavior or electronic signals of motor vehicle drivers.
G.
MESSAGE CENTER SIGNA type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text often used for gas price display signs and athletic scoreboards.
H.
OFF-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered elsewhere than upon the premises where the sign is located or to which it is affixed.
I.
ON-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed (including signs offering premises for sale, rent or development or advertising building trades during construction or alteration).
J.
PARALLEL SIGNA sign which is attached to or is part of the facade of a building and does not extend more than 14 inches from such facade.
K.
PERMANENT SIGNAny sign located on a lot for 180 days or more in any calendar year.
L.
PROJECTING SIGNA sign which is attached to the facade of a building and extends more than 14 inches from such facade.
M.
REFLECTIVE SIGNA sign containing any material or device which has the effect of intensifying reflected light.
N.
REVOLVING SIGNA sign which revolves in a circular motion; rather than remaining stationary on its supporting structure.
O.
ROOF SIGNA building-mounted sign erected upon, against, or over the roof of a building.
P.
SNIPE SIGNA sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. (Also known as "bandit sign.")
Q.
TEMPORARY SIGNAny sign located on a lot for less than 180 days in any calendar year.
R.
WINDOW SIGNA sign affixed to or visible through a window of a building.
SIGN, GROSS SURFACE AREA OF
The gross surface area of a sign shall be the entire area
within a single continuous perimeter enclosing the extreme limits
of such sign and in no case passing through or between any adjacent
elements of the sign. However, such perimeter shall not include any
structural or framing elements lying outside the limits of such sign
and not forming an integral part of the display.
SIGNS, EXTERNAL ILLUMINATION
Artificial light, located away from the sign, which lights
the sign, the source of which may or may not be visible to persons
viewing the sign from any street, sidewalk, or adjacent property.
SIGNS, INTERNAL ILLUMINATION
A light source that is concealed or contained within the
sign and becomes visible in darkness through a translucent surface.
SITE ALTERATION
Includes regarding the existing topography, filling lakes,
ponds, marshes or floodplains, clearing vegetation or altering watercourses.
SOLAR ACCESS
The capability of receiving direct sunlight between 9:00
a.m. and 3:00 p.m. (solar time) on areas of a lot within required
yard areas.
SOLID WASTE DISPOSAL AREA OR FACILITY
A place including, but not limited to, a sanitary landfill
where garbage, trash or junk is disposed of or is processed or recycled
for disposal or reuse. Such use shall not include the disposal or
processing of hazardous or radioactive materials.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant
to the provisions of this Chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10601 et seq.,
10901 et seq.
STORY (AND HALF-STORY)
That portion of a building, included between the surface
of any floor and the ceiling next above it, having a vertical distance
of not less than seven feet shall be considered a full story. Any
such portion of a building having a vertical distance of less than
seven feet shall be considered a half-story, basements shall be considered
full stories while cellars shall not be considered as being stories
or half-stories.
STREAMERS
A display made of lightweight, flexible materials, consisting
of long, narrow, wavy strips hung individually or in a series, with
or without a logo or advertising message printed or painted on them
and typically designed to move in the wind.
STREET or ROAD
Any right-of-way which serves to access and provide for transportation
between multiple properties, whether under public or private ownership,
and used or intended to be used by vehicular traffic and pedestrians,
and which may also be used to provide space for sewer, other utilities
and sidewalks, including street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, viaduct, or other similar facilities.
Categories of streets are further defined as follows:
A.
ARTERIALArterial streets provide a high degree of mobility in order to better serve trips of longer length. Access to abutting property is not their major function, and access controls are desirable to enhance mobility. A principal arterial is a major highway not on the interstate system with generally two to four lanes. Principal arterials primarily carry the highest volumes of traffic on a regional level. They connect to major transportation and employment centers and carry significant amounts of traffic. Both urban and rural principal arterials generally have posted speeds of 45 miles per hour dependent upon local site conditions.
B.
COLLECTORCollector streets serve a dual function of providing a mix of accessibility and mobility. They typically serve trips of up to four miles in length and channel or distribute traffic to or from a road of a higher classification. Major collectors provide a combination of access and mobility with more emphasis on mobility. They accommodate trips within and between neighboring municipalities. Access is permitted with at-grade intersections and ideally is limited to major access driveways of selected land uses such as retail or employment centers. A major collector may serve as a major road through large industrial parks or provide key connections between roads of higher classification.
C.
LOCALLocal roads and streets have relatively short trip lengths, generally not exceeding one mile. Because property access is their main function, there is little need for mobility and high operating speeds. This function is reflected by use of lower posted speed between 25 miles per hour and 35 miles per hour. Through traffic is discouraged from using local roads. Local roads can only provide a link between individual properties and the collector road network.
D.
RESIDENTIALNew streets or extensions of existing streets in residential developments function primarily to provide vehicular access and street frontage for each lot. Parking on both sides is assumed on residential streets unless no driveways take access on them or the development otherwise provides significant off-street public parking which is convenient to all the proposed houses.
E.
NONRESIDENTIAL ACCESSNonresidential access streets function primarily to provide vehicular access and street frontage for industrial, office, institutional and commercial lots and land uses.
STREET LINE
A line identical to the ultimate right-of-way line.
STREET RIGHTS-OF-WAY
Rights-of-way for street purposes are defined as follows:
A.
LEGAL RIGHT-OF-WAYThe total width of any land dedicated as a street as reflected on a recorded subdivision plat, boundary plat or dedication plat.
B.
ULTIMATE RIGHT-OF-WAYThe total width of any land which is projected as necessary for adequate handling of anticipated maximum traffic volumes, determined by the street's function, in accordance with street classifications contained in this Chapter, and outlined in the Upper Perkiomen Valley Regional Comprehensive Plan. The ultimate right-of-way becomes the legal right-of-way when it has been offered for dedication and accepted by Red Hill Borough.
C.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with street classifications contained in this Chapter, and outlined in the Upper Perkiomen Valley Regional Comprehensive Plan.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBTERRANEAN BUILDING
A building covered by land on at least 50% of the total surface
of its walls and roof.
SWIMMING CLUB
An area containing a swimming pool which is used by the public
or by members for a fee.
SWIMMING POOL
A body of water or receptacle for water having a depth at
any point greater than 30 inches which is primarily used or intended
to be used for swimming or bathing.
TEMPORARY STRUCTURE
A structure which is not designed to last or to be used for
a specific use for more than one year.
TOURIST HOME
A dwelling in which sleeping accommodations for less than
10 persons are provided for compensation.
TRAVEL TRAILER
A recreational vehicle requiring a separate power source
for pulling, which may include living, sleeping, eating and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
ULTIMATE RIGHT-OF-WAY LINE
The dividing line between a lot and the outside limit of
a street ultimate right-of-way. Identical with "front lot line" and
"street line."
USE
Any activity, occupation, business or operation carried on
or intended to be carried on in a structure or on a lot.
VARIANCE
Relief granted pursuant to the provisions of this Chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
VILLAGE HOUSING
The development of land with single-family detached or attached
housing on a large site with area set aside for open space. The open
space requirement can be satisfied with a fee-in-lieu or a credit
for other improvements, as determined by Borough Council.
WAREHOUSE
A building or group of buildings primarily used for the commercial
storage, transfer and distribution of products and materials.
WAREHOUSE, MINI
A building or group for buildings situated in a controlled
access compound which are divided into individual separate access
units which are rented or leased for the storage of tangible personal
property.
WATER SUPPLY SYSTEM
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate State agencies
and the Borough.
YARD
The area(s) of a lot between the principal structure on a
lot and the lot line of the lot, which must remain free of buildings
or other structures and may be used as lawn or planted area, parking,
or driveway space, in compliance with the provisions of this Chapter.
A yard is measured at right angles from the right-of-way or lot line
to the nearest building wall. Yard is further defined as follows:
A.
YARD, FRONTA yard which extends across the full width of a lot along the front lot line, for a depth equal to the minimum front yard setback distance required by the specific regulations of the Zoning Ordinance, measured perpendicular from the street right-of-way line,
unless stated otherwise, toward the center of the lot.
B.
YARD, REARThe space extending across the full width of a lot along the rear lot line, for a depth equal to the minimum rear yard setback distance required by the specific regulations of the Zoning Ordinance, measured perpendicular from the rear lot line to the center of the lot.
C.
YARD, SIDEA space extending from the front yard to the rear yard along a side lot line for a depth equal to the minimum side yard setback distance required by the specific regulations of the Zoning Ordinance, measured perpendicular from the side lot line toward the center of the lot. However, corner lots shall be regarded as having two front yards for the frontage along a street. Therefore, the setback for a side yard with street frontage shall be the same as the front yard setback for the zoning district in which the property is located.
ZONING OFFICER
The person or agency appointed by Red Hill Borough to administer
and enforce the provisions of the Zoning Ordinance. The term "Zoning
Officer" shall also include any duly appointed staff or assistants.