[Amended 1-16-2020 by Ord. No. 662]
[Amended 1-16-2020 by Ord. No. 662]
It is hereby declared to be the intent of the Board of Supervisors
that:
A.Â
If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective and all other
provisions of this chapter shall continue to be separately and fully
effective.
B.Â
If a court of competent jurisdiction finds that the application of
any provision or provisions of this chapter to any lot, building,
or other structure or tract of land to be invalid or ineffective in
whole or in part, the effect of such decision shall be limited to
the person, property, or situation immediately involved in the controversy
and the application of any such provision to other persons, property,
or situations shall not be affected.
This chapter is enacted for the purpose of promoting
the health, safety and general welfare of the Township, is in accordance
with a Comprehensive Plan and is designed to lessen congestion in
the streets, roads and highways and to secure safety from fire, panic
and other dangerous concentration of population; to facilitate the
adequate provision of transportation, water, sewerage, schools, parks
and other public requirements and to encourage the most appropriate
use of land throughout the Township.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the Township. The community development objectives which shall be encompassed in the Lower Providence Township Comprehensive Plan when it is enacted shall be stated therein and have been formulated to implement the purposes set forth in § 143-3 hereinabove, with a view toward the following objectives:
A.Â
Guiding and encouraging the future development of
the Township in accordance with comprehensive planning of land use
and population density that represents most beneficial and convenient
relationships among the residential, commercial, industrial and recreational
areas within the Township, having regard to their suitability for
the various uses, as indicated by topography and soil conditions,
and the trends in population in the direction and manner of the use
of land in building development and in economic activity, considering
such conditions and trends both within the Township and with respect
to the relation of the Township to surrounding areas.
B.Â
Protecting the character and social and economic stability
of each of such areas and encouraging their orderly and beneficial
growth.
C.Â
Protecting and conserving the value of land and buildings
throughout the Township appropriate to the various zoning districts
established herein.
D.Â
Bringing about through proper timing the gradual conformity
of land use to the Comprehensive Plan aforesaid and minimizing conflicts
among the uses of land and buildings.
E.Â
Aiding in bringing about the most beneficial relation
between land use and the circulation of traffic throughout the Township.
Having particular regard to and from the expressways and to avoidance
of congestion in the streets and the provisions of safe and convenient
access appropriate to the various land uses.
F.Â
Aiding in providing a guide for public safety and action in the efficient provision of public facilities and services, in the provision of safe and proper sanitary sewage disposal and for private enterprise in building, development, investment and other economic activity relating to land use; insofar as such objectives are consistent with the purpose set forth in § 143-3 and with the aforesaid minimum requirements interpreted, administered and applied in such a manner as will facilitate attainment of said objectives.
[Amended 1-16-2020 by Ord. No. 662]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience, and general welfare.
A.Â
Whenever any regulations made under authority of this chapter require
a greater width or size of yards, courts, or other open spaces; or
require a lower height of buildings or smaller number of stories;
or require a greater percentage of a lot to be left unoccupied; or
impose other more restrictive standards than are required in or under
any other statute or ordinance, the regulations made under authority
of this chapter shall govern.
B.Â
Whenever the provisions of any other statute or ordinance require
a greater width or size of yards, courts, or other open spaces; or
require a lower height of buildings or smaller number of stories;
or require a greater percentage of a lot to be left unoccupied; or
impose other more restrictive standards than are required by any regulations
made under authority of this chapter, the provisions of such other
statute or ordinance shall govern.
C.Â
Whenever any regulations pertaining to a specific use or activity
under authority of this chapter impose a different requirement concerning
the width or size of yards, courts, or other open space; the height
or stories of buildings; the percentage of a lot to be left unoccupied;
or other zoning standards than are required for the zoning district
or generally required under this chapter, the greater or more restrictive
standards shall govern.
D.Â
This chapter does not repeal, abrogate, annul, or in any way impair
or interfere with existing provisions of other laws or ordinances
(except those specifically or impliedly repealed by this chapter)
nor with any private restrictions placed upon property by covenant,
deed, or other private agreement.
[Amended 2-15-2001 by Ord. No. 453; 9-19-2002 by Ord. No. 472; 4-3-2003 by Ord. No. 478; 4-7-2005 by Ord. No. 524; 1-16-2020 by Ord. No. 662]
A.Â
Interpretation. For the purposes of this chapter,
words and terms used herein shall be interpreted as follows:
(1)Â
Words used in the present tense include the future.
(2)Â
The singular number includes the plural, and the plural
includes the singular.
(3)Â
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
(4)Â
The word "person" includes an individual, corporation,
partnership, incorporated association and/or any other similar entity.
(5)Â
The words "include" or "including" shall not limit
the term to the specified examples but are intended to extend the
meaning to all other instances of like kind and character.
(6)Â
The word "building" shall always be construed as if
followed by the words "or part thereof."
(7)Â
The word "may" is permissive, and the words "shall"
and "will" are always mandatory.
(8)Â
Words used in the present tense include the future.
(9)Â
The word "building" shall always be construed as if
followed by the words "or part thereof."
(10)Â
The word "used" or "occupied" as applied to any land
or building include the words "intended, arranged, or designed to
be used or occupied."
(11)Â
The word "should" means that it is strongly encouraged
but is not mandatory.
(12)Â
The word "lot" includes plot or parcel.
(13)Â
The words "street," "highway" and "road" have the
same meaning and are used interchangeably.
(14)Â
The word "sale" shall also include "rental."
(15)Â
The masculine gender shall include the feminine and
neuter.
(17)Â
Any word or term not defined in this chapter or the Township Subdivision and Land Development Ordinance, as amended, the word or term shall be used with the meaning of standard usage within the context of the section in question. The standard Webster's Dictionary definition shall be used as a reference. Section 123-7A also applies to this section.
(18)Â
The words "such as," "includes," "including" and "specifically"
shall provide examples, but shall not by themselves limit a provision
only to items specifically mentioned, if other items would otherwise
comply with the provision.
(19)Â
If a word is defined in both this chapter and another
Township ordinance, each definition shall apply to the provisions
of each applicable ordinance.
B.Â
ABUT
ACCEPTED ENGINEERING PRACTICE
ACCESS DRIVE or ACCESSWAY
ACCESS POINT
ACCESS STRIP
ACRE
ACT 247
AGRICULTURAL BUILDING
AGRICULTURE DISTRICT
ALLEY
ALTERNATIVES
ANCHORING
ANSI
APCA
APPLICANT
APPLICATION
APPLICATION FOR SUBDIVISION OR DEVELOPMENT
BASEMENT
BERM
BLAST or BLASTING
BLOCK
BOARD OF SUPERVISORS
BUFFER
BUFFER AREA
BUILDING
BUILDING CODE OFFICIAL (BCO)
BUILDING COVERAGE
BUILDING INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM
BUILDING LINE
(1)Â
(2)Â
BUILDING, PRINCIPAL
CARTWAY
CENTER LINE OF STREET
CERTIFIED HISTORIC STRUCTURE
(1)Â
(2)Â
(3)Â
(4)Â
CHAIRPERSON
CLEAN WOOD
CLEAR-CUTTING
COMMERCIAL
COMMERCIAL DISTRICT
COMMERCIAL VEHICLE
COMMISSION
COMMON FACILITIES
COMMON OPEN SPACE
COMMUNICATIONS ANTENNA
COMMUNICATIONS EQUIPMENT BUILDING
COMMUNICATIONS TOWER
COMPOSTING
COMPREHENSIVE PLAN
CONDOMINIUM
CONSERVATION EASEMENT
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
CONSTRUCTION
CONVERSION
CORNER LOT
CORPORATION
COUNTY
COUNTY PLANNING COMMISSION
CUL-DE-SAC
CULVERT
CURBLINE
CUT
DAYS
DAYTIME HOURS
dB(A)
DECIBEL (db)
DE MINIMIS IMPROVEMENT
D.E.P. (or "DEP")
DEVELOPABLE ACRE
DEVELOPMENT
DEVELOPMENT PLAN
DISTRICT or ZONING DISTRICT
DRAINAGE
DRAINAGE FACILITIES
DRIVEWAY
DWELLING
DWELLING UNIT
EARTHMOVING AND/OR GRADING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
EASEMENT
EMERGENCY
EMPLOYEES
ENCLOSURE
ENGINEER
EPA
EROSION
ESSENTIAL SERVICES
EXCAVATION
FACADE
FAMILY
FEEDING AREAS
FENCE
FILL
FLOODPLAIN-RELATED TERMS
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
(12)Â
(a)Â
(b)Â
FLOOR AREA, GROSS
FLOOR AREA, NET
FLOOR AREA RATIO
FOOTPRINT
FRONTAGE
GRADE
GROSS ACREAGE
GROUND COVER
HAZARDOUS WASTE
HEIGHT OF BUILDING
HISTORIC SITE
HITCH
HOMEOWNERS' ASSOCIATION (HOA)
IMPERVIOUS COVERAGE
IMPERVIOUS SURFACES
IMPROVEMENT
INDUSTRIAL DISTRICTS
INSTITUTIONAL DISTRICT
INTERIOR LOT
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
JUNK
JUNK VEHICLE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
LAND DEVELOPMENT
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
LANDOWNER
LOADING SPACE
LOT
LOT AREA
LOT, FLAG
LOT, INTERIOR
LOT LINE
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
(3)Â
LOT, REVERSE FRONTAGE
LOT, THROUGH
LOT WIDTH
MAINTENANCE GUARANTY
MANUFACTURED HOME
MASONRY MAILBOX STRUCTURE
MINERALS
MIXED USE BUILDING
MOBILE HOME
(1)Â
(2)Â
(3)Â
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME SEWER CONNECTION
MOBILE HOME SEWER RISER PIPE
MOBILE HOME STAND
MODULAR HOME
MOST ENVIRONMENTALLY SOUND ALTERNATIVE
MOTOR HOME
MUNICIPALITIES PLANNING CODE or PA MUNICIPALITIES PLANNING CODE
(MPC)
NEW CONSTRUCTION
NIGHTTIME HOURS
NOISE
NOISE POLLUTION
NONCONFORMING
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICIAL HIGHWAY MAP
OPEN SPACE
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(2)Â
(3)Â
(a)Â
(b)Â
(c)Â
OUTDOOR LIVING SPACE
PARKING SPACE
PARKING SPACE, ALL-WEATHER
PERFORMANCE GUARANTIES
PERMIT
PERMITTED BY RIGHT USE
PERSON
PLAN
(1)Â
(a)Â
(b)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
PLANTING AREA
PLANNING COMMISSION
PORTABLE SWIMMING POOL
PRIMARILY
PRINCIPAL USE
PROPERTY LINE
PUBLIC FLOOR AREA
PUBLIC UTILITY TRANSMISSION TOWER
REAR LOT
RECREATIONAL VEHICLE
RECREATIONAL VEHICLE STORAGE AREA
RELATED or RELATIVE
RESIDENTIAL DISTRICT
RESIDENTIAL LOT LINES
RIPARIAN BUFFER AREAS
SCREENING
SETBACK
SINGLE AND SEPARATE OWNERSHIP
SITE
SITE AREA
(1)Â
(2)Â
SKIRTS
SLASH
SOIL SURVEY
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR HOT WATER SYSTEM
SOLAR PANELS
SOLID WASTE
(1)Â
(2)Â
SOUND LEVEL
SOUND-LEVEL METER
SOUND PRESSURE
SOUND-PRESSURE LEVEL
SOURCE
STACK
STAFF DEVELOPMENT REVIEW COMMITTEE
START OF CONSTRUCTION
STATE
STEALTH DESIGN
STEEP SLOPE
STORY (AND HALF-STORY)
STREET
(1)Â
(2)Â
(a)Â
(b)Â
STREET LINE
STREET RIGHTS-OF-WAY
(1)Â
(2)Â
(3)Â
STRUCTURE
SUBDIVISION
SUBSTANTIALLY COMPLETED
SUPERVISORS
SWALE
TOPSOIL
TOWNSHIP
TRACT
TRACT AREA
TRACT BOUNDARY LINE
TRAILER, HOUSE
TRAVEL TRAILER
ULTIMATE RIGHT-OF-WAY LINE
UNREGISTERED VEHICLE
USE
VIBRATION
VISUAL SCREEN
WALL
WATERCOURSE
WETLANDS
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING DISTRICT
ZONING MAP
ZONING OFFICER or DIRECTOR OF ZONING
ZONING ORDINANCE
Unless otherwise expressly stated, the following words
shall, for the purpose of this chapter, have the meanings herein indicated:
[Amended 9-21-2006 by Ord. No. 556; 4-16-2009 by Ord. No. 577; 4-7-2012 by Ord. No. 600; 10-20-2011 by Ord. No. 602; 4-7-2016 by Ord. No. 637; 7-21-2016 by Ord. No. 641; 3-15-2018 by Ord. No. 654; 1-16-2020 by Ord. No. 662]
Areas of contiguous lots that share a common lot line, excluding
lots entirely separated by a street or a nonintermittent waterway.
That which conforms to accepted principles, tests or standards
of nationally recognized technical, scientific and/or engineering
authorities.
A privately-owned, constructed and maintained vehicular access
roadway accessing more than one dwelling unit or more than one commercial,
institutional or industrial principal use. See also "driveway."
One combined entrance/exit point, or one clearly defined
entrance point separated from another clearly defined exit point.
This term shall not include accessways or driveways that are strictly
and clearly limited to use by only emergency vehicles; such accesses
are permitted by right as needed.
A piece of land which provides physical access to and legal
road frontage for a lot but which does not comply with the minimum
lot width regulations of this Part 1. Access strips provide access
to rear or interior lots.
Forty three thousand five hundred sixty square feet.
The Pennsylvania Municipalities Planning Code, originally
enacted as Act 247 of 1968, which establishes the basic authority
for the exercise of municipal land use controls in Pennsylvania. All
subsequent amendments are included.
A structure utilized to store farm implements, hay, feed,
grain or other agricultural or horticultural products or to house
poultry, livestock or other farm animals. The term shall not include
habitable space or spaces in which agricultural products are processed,
treated or packaged and shall not be construed to mean a place of
occupancy by the general public.
The Zoning District known as R-1.
A public or privately owned right-of-way on which no new
dwellings, stores or other principal buildings are intended to front,
serving as the secondary means of access to two or more properties.
Alternative methods to the proposed use or project which
fully examine a range of all possible approaches, including total
abandonment, and must rigorously explore and objectively evaluate
all alternatives to the project or use.
The fastening of the mobile home to its mobile home stand
in order to prevent upset or damage due to wind, erosion or natural
forces.
The American National Standards Institute or its successor
bodies.
Air Pollution Control Act.[2]
Any person who has filed an application for approval of subdivision
or land development plans, including his/her heirs, successors, agents
and assigns. This term also includes the landowner, developer, builder
and/or other persons responsible for the plans and construction of
buildings and/or other improvements on any parcel of land.
A written form supplied by the Township for a Township approval,
decision or permit, including any accompanying site plan and additional
information and materials that the Township requires the applicant
to submit.
Every application for subdivision or land development, tentative,
preliminary or final, required to be filed and approved prior to start
of construction or development, including application for all permits.
An enclosed floor area partly or wholly underground. A basement
shall be considered a "story" if more than 50% of the perimeter walls
at the basement ceiling height are five feet or higher above the adjacent
finished grade.
A mound or ridge of landscaped earth designed to act as a
screen or buffer.
The explosion of dynamite, black powder, fuse, blasting cap,
detonators, electric squibs or other explosives.
An area bounded by streets or streets and natural or man-made
features.
The elected governing body of Lower Providence Township;
also referred to as the "Supervisors."
An area designed to separate the uses of land which abut
it and which functions to ease the transition between them. Unless
otherwise specified, buffers may be included as part of the required
setbacks and yard areas. Buffers may be comprised of natural and/or
man-made materials, depending upon the purpose they are intended to
serve.
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass or other ground cover material and within which
no structure or building is permitted except a wall or fence which
meets Township requirements.
Any structure, whether built conventionally or in a manner
generally referred to as "mobile," "modular" or "manufactured," having
enclosed walls and a roof and permanently located on the land, the
ordinary use of which requires people to enter the structure.
A construction code official who manages, supervises and
administers building enforcement activities. Duties include but are
not limited to: management of building code enforcement activities;
supervision of building inspectors or plan examiners; issuance of
building permits, violation notices and orders to vacate; and the
initiation of prosecutions. These duties may include the duties of
a Township Zoning Officer who is certified to act as a BCO.
The maximum horizontal area covered by buildings at or above
grade.
A BIPV system forms part of the structure to which it is
affixed. Typically integrated into a roofing system (e.g., solar shingles),
BIPV systems can provide architectural interest and/or an unobtrusive
solar energy system installation.
The line which serves as the rear boundary of the minimum
front yard. For the purposes of measuring lot width at the building
line, the following apply:
For wedge-shaped lots which are narrower at
the street than at the rear property line, the building line may be
moved back from the minimum front yard depth to a point where the
lot width equals the minimum required for the district, provided that
the lot complies with all other dimensional requirements of the district.
Where rear lots are permitted, the building
line shall be oriented as parallel or concentric to the street from
which access is provided as is feasible and set back from the intervening
property line at least the minimum front yard depth.
A building in which is conducted the principal use of the
lot on which it is situated.
The portion of a street, alley or driveway intended for vehicular
use.
A line equidistant from and parallel to the existing rights-of-way
lines on each side of the street.
A building or structure which is either:
Listed in the National Register of Historic
Places;
Located within a registered historic district
and certified by the Secretary of the United States Department of
the Interior as being of historic significance to the district;
Listed in "A Bicentennial History of Lower Providence
Township, 1976;" or
Listed in the most recently completed and accepted
historic inventory conducted by Montgomery County.
Includes chairman, chairwoman, chair and acting chairperson
(when applicable).
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with preservatives
or chemicals, including, but not limited to, copper chromium arsenate,
creosote, or pentachlorophenol.
A logging method that removes over 50% of all trees from
a tract of land or a portion thereof.
Intended to be for profit.
Includes the PBO, MU, VC, GC, HC and BO Zoning Districts.
Any motor vehicle or trailer that is primarily used for business
purposes, including but not limited to making service calls, transporting
equipment used in a business or in accomplishing physical work as
part of a business (such as hauling material). This term shall not
include any of the following: emergency medical vehicles, fire trucks,
school buses, recreational vehicles for personal use, U.S. Postal
Service vehicles, municipally-owned vehicles, vehicles clearly primarily
intended for agricultural uses, or vehicles actively engaged in the
construction or repair of streets, curbs, sidewalks or utilities in
the immediate area.
The Planning Commission of the Township of Lower Providence.
All the real property and improvement set aside for the common
use and enjoyment of residents of a development, including but not
limited to buildings, open space, 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 a combination of land and
water within a development site designed and intended for the use
or enjoyment of residents of a development, not including streets,
off-street parking areas and areas set aside for public facilities;
also referred to as "open space."
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service,
or any other wireless communications signals, including, without limitation,
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such devices. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment, including, without limitation,
ham or citizen band radio antennas.
An unmanned building or building addition containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, a
self-supporting tower, or a guyed tower, designed and used to support
communications antennas.
The controlled processing of vegetative material to allow
it to biologically decompose under controlled anaerobic or aerobic
conditions to yield a humus-like product.
The current, officially adopted Lower Providence Township
Comprehensive Plan, consisting of maps, charts and written and graphic
materials, as well as any revisions or amendments thereto.
Real estate, portions of which are designated for separate
ownership and the remainder of which are designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land in a manner
approved by the Township Solicitor and Board of Supervisors and shall
run in perpetuity. Such easement shall be recorded in the Montgomery
County Recorder of Deeds Office. At a minimum, any conservation easement
established to meet a requirement of a Township ordinance shall restrict
uses of the land in a manner closely similar to all of the following:
The vast majority of the land shall be preserved
in a near-natural or landscaped state or for agricultural uses;
No new principal buildings may be constructed
on the lot, other than for noncommercial recreation or as necessary
to support on-site agricultural activities;
The land shall not be used for any mineral extraction,
commercial or industrial activities, other than agriculture or the
growing of trees and plants for replanting or for Christmas tree sales
or a lawful home occupation;
The lot shall not be further subdivided;
Currently forested areas shall be maintained
as forests, with only carefully selective cutting of trees in such
as a way as to preserve the character of such lands as forested lands,
without any clear-cutting;
The land shall not be used for stormwater management
facilities; and
A maintenance escrow or other arrangement guaranteeing
maintenance of the easement area in a form acceptable to the Township
Solicitor and Board of Supervisors shall be provided by the property
owner when deemed applicable by the Board of Supervisors.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
To change from one use to another use, or to increase the
number of dwelling units within a building, unless otherwise stated.
This definition shall include an in-law apartment.
A lot having continuous frontage on two or more intersecting
roads.
Any licensed corporation organized under the laws of Pennsylvania
or any other state of the United States. This shall include limited
partnerships, business trusts, limited liability partnerships and
limited liability corporations.
Montgomery County, Pennsylvania.
The Montgomery County Planning Commission.
A road with access at one end and terminated at the other
by a paved vehicular turnaround.
Any enclosed structure which has the purpose of carrying
stormwater and intermittent or constant surface drainage water flow.
The outermost edge of a cartway.
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
also, the material removed in an excavation.
Calendar days.
7:00 a.m. to 8:00 p.m., local time.
The abbreviation for the sound level in decibels determined
by the A-weighting network of a sound level meter or by calculation
from octave band or one-third octave band data.
A unit of measure, on a logarithmic scale, or the ratio of
a particular sound pressure squared to a standard reference pressure
squared. For the purpose of this chapter, 20 micropascals shall be
the standard reference pressure.
An improvement to an existing developed lot, tract or parcel
of land which is otherwise consistent with the provisions of this
Part 1 and other applicable Township ordinances and which does not
increase the impervious surface on said lot by 10% of that existing
prior to the new improvement, or 2,000 square feet, whichever is less.
The Pennsylvania Department of Environmental Protection,
and its relevant bureaus. Any reference to DER or the Department of
Environmental Resources shall be interpreted to mean DEP.
For the purpose of calculating density per developable acre,
the developable acreage shall equal the gross land area of the proposal,
minus the following acreage:
Any man-made change to improved 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 provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, parking facilities, ways, common open space and public facilities.
The phrase "provisions of the development plan" shall mean the written
and graphic materials referred to in this definition.
A land area within the Township within which certain uniform
regulations and requirements or various combinations thereof apply
under the provisions of this chapter.
The natural or man-made features of the land that are specifically
designed to store or carry surface water runoff.
The natural or man-made features of the land that are specifically
designed to store or carry surface water runoff.
A private cartway providing vehicular access between a public
street and a lot, property or development and/or providing vehicular
circulation within a lot, property or development.
A building or part of a building constructed for or intended
for occupancy as a permanent residence, containing one or more dwelling
units. Travel trailers shall not be considered buildings or dwellings.
Housing facilities for rental to transient guests or which are part
of a medical, instructional, or religious institution, such as hotels
and motels, rooming houses, tourist homes, institutional homes, group
homes, hospitals, residential clubs, dormitories, automobile courts,
tourist homes, and training centers, are not considered "dwellings."
That part of a dwelling design for use by one family only
and containing one or more rooms and facilities for living, including
cooking, sleeping, storage of possessions and sanitary needs. Units
designed for transient occupancy, such as hotels, motels and tourist
homes, or for sleeping and sanitary needs only, such as club, rooming
house, fraternity or institutional home, are not considered as dwelling
units for purposes of this chapter.
For the purposes of this chapter, "earthmoving" as defined in applicable DEP regulations (Chapter 102, Erosion and Sediment Control of 25 PA Code of Regulations), and also shall include any one or more of the following activities:
Cutting down of trees or clearing of brush,
other than clearing of grass and weeds;
Excavation of the ground, filling of the ground
or mineral extraction;
Grading, re-grading, any change in the ground
surface elevation greater than one foot, disturbance of topsoil or
vegetative cover of the land;
For the purposes of this definition, the term
"earthmoving" shall apply to any soil, clay, overburden, sediment,
dredge spoils or similar material;
Removal of tree stumps or brush with earthmoving
equipment.
A permanent right, including a right-of-way, granted by a
property owner for the limited use of his/her private land for public,
quasi-public or private purposes. It can be a utility, drainage or
public access easement or for other purposes. The owner of the property
shall have the right to make any other use of the land which is not
inconsistent with the rights of the grantee.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer and both employees and contractors)
present on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
Any type of structure used to surround a patio, pool or deck
at any height.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
United States Environmental Protection Agency.
The removal of surface materials by the action of natural
elements.
Uses that are necessary for the preservation of the public
health and safety, and that are routine, customary and appropriate
to the character of the area in which they are to be located. See
utilities in the Pennsylvania Municipalities Planning Code. Essential
services shall not include a central sewage treatment plant, a solid
waste disposal area or facility, communications and cellular towers,
a power-generating station, switching stations, septic or sludge disposal,
offices, storage of trucks or equipment or bulk storage of materials.
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as
the conditions resulting therefrom.
A building elevation that faces a public right-of-way, private
street, or an internal access driveway that functions as a street.
One person living alone in a single dwelling unit, or more
than one person living together and functioning as a common household
in a single dwelling unit. A family shall not include more than four
persons who are not related to each other by blood, foster relationship,
marriage or adoption. A family may also include up to five persons
living in a dwelling (including any staff present during any one shift)
in a group home but shall not include a criminal treatment center.
For a use involving greater numbers of unrelated persons, see boardinghouse
or institutional group home.
All areas which encompass and surround the indoor area. These
areas do not include pastures if the pastures are rotated, are fenced
in at least 15 feet from all residential property lines and the use
does not meet the definition of livestock raising.
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier that is constructed of wood, chain-link
metal or aluminum and/or plastic inserts. Man-made barriers constructed
principally of brick, concrete, cinder block or similar materials
shall be considered walls. The term "wall" does not include engineering
retaining walls, which are permitted uses as needed in all districts.
The terms "fence" and "wall" do not include barriers of trees or shrubs.
Fences shall not contain materials such as barbed wire or have potentially
dangerous features such as spikes.
Any act by which natural materials are placed, pushed, dumped,
pulled, transported or moved to a new location above the natural surface
of the ground or on top of the stripped surface, as well as the conditions
resulting therefrom.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this and other ordinances, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration —Â
BASE FLOOD ELEVATIONThe one-hundred-year-flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain or other similarly documented areas, the one-hundred-year-flood elevation shall be established nearest to the construction site in question.
FEMA AND FIAThe Federal Emergency Management Agency and the Federal Insurance Administration, who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this Part 1, it also delineates floodplain areas.
FLOOD INSURANCE STUDYThe examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this Part 1 and other ordinances.
FLOODPLAINThat area defined in Chapter 143, Zoning, as the Floodplain Conservation District; the floodplain definition contained therein is made a part of this Part 1 by reference.
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improve 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, United States Army, publication number EP 1165 2 314 (June 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures 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.
ONE-HUNDRED-YEAR FLOODA flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year.
REGULATORY FLOOD ELEVATIONThe one-hundred-year-flood elevation, plus a freeboard safety factor of 1Â 1/2 feet.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on a National
Register of Historic Places or a state inventory of historic places.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls,
or from the center line of a wall separating two buildings, but not
including interior vehicular parking or loading or any space where
the floor-to-ceiling height is less than six feet.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking and
loading and all floors below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public. The area excluded as unusable may not exceed 15%.
A ratio derived by dividing the total (gross) floor area
of all buildings on a lot by the net buildable area of the lot.
The perimeter of a building or structure.
The length of the lot line abutting a street ultimate right-of-way.
The slope of a street, parcel of land, utility lines, drainageways,
etc., specified in percent and shown on plans as required herein.
The total acreage of a property, tract, lot or parcel proposed
for subdivision or land development, including lands within existing
street rights-of-way, floodplains and steep slopes.
Low-growing plant materials planted in a manner to provide
continuous plant cover of the ground surface; lawn, ivy and other
low plant materials are included. Nonplant ground cover may also include
bark or wood chips, gravel and stone, provided that they are maintained
as a continuous pervious cover.
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated, or disposed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation, including but
not limited through the Pennsylvania Solid Waste Management Act.
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of the roof for flat roofs, to the deckline of mansard roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs, provided that chimneys, spires, towers, mechanical
penthouses, tanks and similar building architectural projections of
the building not intended for human occupancy shall not be included
in calculating the height. If there are two or more separate roofs
on a single building, the height of such shall be calculated from
the highest roof.
Any area, building or natural feature which has been designated
by statute, ordinance or departmental or executive declaration of
any governmental body as possessing historic significance.
A device which is part of the frame or attaches to the frame
of a mobile home and connects it to a power source for the purpose
of transporting the unit.
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.
That percentage of the total lot area which is covered by
impervious surfaces, including buildings as well as all paved areas.
Those surfaces which do not absorb water. All buildings,
parking areas, driveways, roads, sidewalks and any areas in concrete
and asphalt shall be considered impervious surfaces within this definition.
Porous paving materials used in parking lots, driveways or other applications
may be excluded from this definition following review and approval
by the Board of Supervisors.
The physical additions, installations and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities and drainage facilities.
Includes the IND, LI and IP Zoning Districts.
Includes the INO Zoning District.
A lot:
With insufficient frontage on a public street;
Located where one or more lots sit between the
public street and the portion of such lot which would meet the front
yard, the side yard and the area requirements of this chapter; and
Which cannot by reason of bona fide separate
ownership of adjacent lots be made to conform to the required width
at the street line.
The term "interior lot" as used in this chapter
is also referred to as a "rear lot."
Any discarded, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicles, aircraft, glass, industrial waste, machinery,
equipment, containers, structures and other used building materials.
Junk shall not include organic solid waste, grass clippings, leaves,
tree limbs or household items intended to be recycled. Outdoor storage
and outdoor processing of junk shall only be permitted within an approved
junkyard or solid waste disposal area. Junk shall not include solid
waste customarily stored in a completely enclosed and sanitary container
that is routinely awaiting collection.
A motor vehicle that meets any of the following conditions:
Does not display a license plate with a current
state registration sticker, except for new or used vehicles located
on commercial sales or trailer lots;
Does not have a valid state safety inspection
sticker where that would be required for it to travel on a public
street, except for new or used vehicles on commercial vehicle sales
or trailer lots;
Cannot be immediately moved under its own power,
in regards to a vehicle designed to move under its own power, other
than a vehicle clearly needing minor repairs;
Cannot be immediately towed, in regards to a
vehicle designed to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body
or chassis; includes only the axle, engine or body parts and/or chassis,
separated from the remainder of the vehicle.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
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;
The division or allocation of land or space
between or among two or more existing or prospective occupants by
means of or for the purpose of streets, common areas, leaseholds,
condominiums, buildings or building groups or other features;
The construction or erection of a communications
tower, communications antennas or communications equipment building.
A subdivision of land. "Land development" as
defined herein shall not include the addition of an accessory building
subordinate to an existing principal building on a lot or lots.
The legal or beneficial owner or owners of land or a building
thereon or a portion of either, 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 proprietary
interest in land.
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 parcel of land which is occupied or is to be occupied by
one principal building or other structure or use, together with any
necessary buildings or other structures or uses, customarily incidental
to such principal building or other structure or use, and such open
spaces as are arranged or designed to be used in connection with such
principal building or other structure or use, such as open spaces,
and the area and dimensions of such lot being not less than the minimum
required by this chapter. The term "lot" as used in this chapter is
used for purposes of describing zoning requirements and, as such,
is not limited to being a tax lot or deeded lot. The term "lot" or
"building lot" means the same when used in describing regulations
based upon buildings.
The total horizontal area of the lot lying within the lot
lines, provided that, for the area of any lot abutting a road, the
area shall be measured to the ultimate right-of-way line. Lot area
shall exclude any public right-of-way but shall include the area within
any easement. Lots shall be measured in square feet in lots up to
three acres in size and, for lots over three acres, it shall be measured
in acres.
An irregularly shaped lot characterized by an elongated extension
from a street to the principal part of the lot. The flag shape of
the lot is normally intended to provide for access to an otherwise
landlocked interior lot or parcel.
A lot other than a corner lot.
Any property boundary line of a lot, further
defined as follows:
Front lot line: the line identical with the
ultimate right-of-way line. Also known as "street line."
Rear lot line: the line or lines most nearly
parallel or concentric to the front lot line.
Side lot lines: the 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, as described
in the Township Comprehensive Plan. The remaining line shall be considered
the rear lot line.
A lot which fronts on more than one street shall
have a front lot line on each street frontage.
A 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.
The lot abuts two approximately parallel streets but only
has access onto one street, usually the less heavily traveled street.
A lot that abuts two approximately parallel streets.
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.
Any security which may be required of a developer of the
Township after the final acceptance by the Township of improvements
installed by the developer. Such security may include, but is not
limited to, maintenance bonds, surety agreements or other collateral
in accordance with the laws of the Commonwealth of Pennsylvania.
A manufactured home constructed in accordance with the provisions
of Federal Manufactured Housing Construction and Safety Standards
of 1976, as amended. A manufactured home does not represent a mobile
home since it is not designed to be towed or transported and is intended
for installation on a permanent foundation.
Any brick, stone or block fabrication having the singular
purpose of supporting a rural mailbox that conforms to U.S. Postal
Service standards.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
A building containing multiple types of nonresidential and/or
residential uses.
A transportable, single-family detached dwelling intended
for permanent occupancy, which may not meet local building codes but
does meet the standards set by the United States Department of Housing
and Urban Development, 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 with or
without a permanent foundation. A "mobile home" may include any roofed
addition, such as extra rooms, covered patios, porches, etc. The following
shall apply to all mobile home dwellings:
No more than one mobile home shall be placed on a single parcel,
and such mobile home shall be occupied by not more than a single family.
The area between the ground level and the perimeter of the mobile
home shall be enclosed by means of a suitable skirting.
Each mobile home shall be placed on a permanent foundation of
at least eight poured concrete or masonry pillars set on a concrete
base at least eight inches thick. The pillars shall be spaced no spaced
no more than 10 feet apart with the end piers being no farther than
five feet from the ends of the unit. The pillars shall be at least
one foot by two feet in size and at least 36 inches below grade. Each
pillar shall have installed a tie-down ring to which the mobile home
shall be secured.
A parcel of land in a mobile home park provided with the
necessary utility connections, patio and other appurtenances necessary
for the erection thereon of a single mobile home and the exclusive
use of its occupants.
A parcel of land under single ownership which is planned
and constructed for the placement of more than one mobile home in
compliance with the applicable requirements set forth elsewhere in
this chapter concerning such a development.
All pipes, fittings and appurtenances from the drain outlet
of the mobile home to the inlet of corresponding sewer riser pipe.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home space.
That part of an individual lot which has been reserved and
prepared for the placement of the mobile home.
Any structure designed as a single-family or multifamily
dwelling which is wholly or in substantial part made, fabricated,
formed, or assembled in manufacturing facilities for erection, installation,
and/or assembly on the building site in such a manner that all concealed
parts or processes of manufacture cannot be inspected at the site
without disassembly, damage, or destruction. The completed unit shall
be erected/placed upon a permanent foundation and shall meet the applicable
Township Building Codes. A "modular home" is different from a mobile
home, in that it is not designed to be towed or transported and is
intended for installation on a permanent foundation.
The alternative to the proposed use or project that has the
least impact on the natural environment and communities within the
Township of the range of alternatives examined and proposed to the
proposed use or project.
A travel trailer which combines the living section and the
power source into a single unit.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.[3]
Structures for which the start of construction as herein
defined commenced on or after the effective date of Part 1. This term
does not apply to any work on a structure existing before the effective
date of Part 1.[4]
8:00 p.m. of one day through 7:00 a.m. of the next day.
The intensity, frequency, duration and character of sound,
including sound and vibration of sub-audible frequencies.
The presence of noise of sufficient loudness and character,
from a single source or from multiple sources, which is, or may be
predicted with reasonable certainty to be, injurious to health, safety
and comfort or which unreasonably interferes with the peaceful enjoyment
of property or with any lawful business or activity. Noise/sound pressure
levels exceeding those permitted in residential districts constitute
noise pollution.
A building or other structure, use or lot which, by reason
of design, size or use, does not conform to the requirements of the
district or districts in which it is located.
Any lawful lot which does not conform to one or more of the
applicable dimensional regulations of the zoning district in which
it is located either on the effective date of Part 1[5] or as a result of a subsequent amendment thereto.
A structure or part of a structure manifestly not designed
to comply with the applicable lot area, dimensional and other provisions
in this chapter, as amended, where such structure lawfully existed
prior to the enactment of such ordinance or amendment. Such nonconforming
structures include, but are not limited to, signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment.
A map depicting the routes of vehicular travel within the
Township, which is part of the Township of Lower Providence Comprehensive
Plan, which depiction of such routes only is hereby incorporated by
reference in Part 1[6] and shall be as much a part of Part 1 as if fully described
herein; provided, however, that said depiction may be amended from
time to time. The depiction of said routes is available for inspection
by the public at the Lower Providence Township Building.
That portion of a tract that is set aside for the use and
enjoyment of residents and the protection of sensitive natural features,
farmland, scenic views and other unique features. Open space may be
accessible to the residents of the development and/or Township or
it may contain areas of farmland which are not accessible to the public.
In the R-3 District, that portion of gross site
area not required or assigned as area for:
Buffer area.
Building coverage, excluding structures necessary
to the open space purpose, such as but not limited to recreational
buildings and shelters, swimming pools, etc.
Site service facilities and systems, such as
streets, parking areas, service buildings and the like, where recreation
activities are prohibited, but excluding those facilities necessary
to the open space purposes.
Outdoor living adjacent to building and dwelling
units, including but not limited to yards.
Further, "open space" is defined as the area
to be utilized for the practice of natural preservation or passive
and/or active recreation or a combination of these uses.
Additionally, open space may be classified by
the limitations to site resident uses because the open space is used
for:
Reservation open space where, by physical features,
plan design or regulations, the use of the open space is limited for
reasons of health, safety, land and water preservation, sign amenity
or site utility, or accessibility.
Private open space where, by design or regulation,
the open space is limited by assignment, membership or service fee
(golf course, boating, tennis courts, etc.).
Common open space where open space is not limited
to site resident use except by the limitations placed on use by the
nature of the activity to be performed within the space. By way of
illustration, a tennis court is part of open space as long as it is
not private open space, even though some residents cannot or may not
want to use the facility.
The area or portion of an area adjacent to a building or
dwelling unit as set by yard, setback or other area requirements and
which is assigned for private or common use of the dwelling residents
of the building.
A reasonably level space, available for the parking of one
motor vehicle, exclusive of passageways, driveways or other means
of circulation or access.
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
Any security which may be required of a developer by the
Township in lieu of a requirement that certain improvements be made
before the Township approves the developer's subdivision plan or land
development plan. Such security may include, but is not limited to,
performance bonds, escrow agreements, surety agreements, irrevocable
letter of credit or other types of security approved by the Township
and consistent with Act 247.
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
Uses that do not have to be approved as uses by the Zoning
Hearing Board or the Board of Supervisors. (A site plan review by
the Planning Commission and the Board of Supervisors is required for
certain permitted by right uses to ensure that the use would comply
with all Township ordinances.) A nonconforming use shall not be considered
to be a permitted use.
Any individual, group of individuals, lessee, lessor, guest,
licensee, firm, partnership, voluntary association or corporation
responsible for the use of property.
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes. Plans are further
defined as follows:
PLAN, FINALA plan consisting of two parts, a record plan and an improvement construction plan, as described below:
Record plan: a plan prepared for recording, showing all ultimate rights-of-way, easements, lot lines and all other items and certifications required under § 123-20; a required part of the final plan.
Improvement construction plan: a plan prepared by a registered engineer, showing the construction details described in § 123-20B, including the details for streets, drains, sewers, bridges, culverts and other improvements; a required part of the final plan when the application includes any of the improvements described in § 123-20B.
PLAN, MINOR LAND DEVELOPMENTA plan showing the provision for development of a tract that meets the criteria of § 123-8C(1) for consideration as a minor land development.
PLAN, MINOR SUBDIVISIONA plan for the division of a single tract of land, with lot lines prepared by a registered surveyor. A plan meeting the criteria of § 123-8B(1) or Part 1[7] for consideration as a minor subdivision.
PLAN, PRELIMINARYA plan for the division of a single tract or showing the provision for development of a tract, including the proposed street and lot layout, easements and all the other information required in § 123-18. A preliminary plan shall be submitted for any proposed subdivision or land development in Lower Providence that does not qualify for submission as a minor subdivision or minor land development.
PLAN, RECORDA plan prepared for recording, showing all ultimate rights-of-way, easements, lot lines and all other items and certifications required under § 123-20.
PLAN, TENTATIVE SKETCHA draft showing proposed streets, lots, buildings and topography that is used by the applicant to obtain advice and guidance from the Township prior to the preparation of preliminary plans.
Any area designated for landscaping purposes.
The Planning Commission for the Township of Lower Providence.
A swimming pool of less than 24 inches in height. Portable
swimming pools are not regulated by this chapter. Other swimming pools
are subject to the regulations of this chapter and the Township Building
Code.[8]
The types of uses, structures, or buildings which are specifically
permitted and allowed on a property.
The dominant use(s) or single main use on a lot, as opposed
to an accessory use.
Has the same meaning as "lot line."
That portion of a building designed for use by customers,
clients, guests, members or the general public expressed in square
feet and measured from center lines of partitions and outside wall
faces, not including stairwells, rest rooms and corridors, but including
lobbies, waiting rooms, cafeterias or snack bars and similar enclosed
public spaces.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines; excluding
thereout and therefrom, street poles and service poles designed and
installed to provide local distribution systems with drop lines or
other service connection to structures in the Township.
Also known as an "interior or flag lot." A lot which conforms
in all respects to the dimensional requirements of the district in
which it is located, except that road frontage and access is limited
to an access strip which has limited frontage along the abutting street.
A vehicle which is designed primarily to transport a person
for primarily recreational instead of transportation purposes, or
a vehicle that serves as a mobile, temporary dwelling. This may include
a vehicle that is self-propelled, towed or carried by another vehicle,
but shall not include camper cabs that fit over pickup trucks. This
term shall also include the following: watercraft with a hull longer
than 12 feet, motor homes, travel trailers, all-terrain vehicles and
snowmobiles.
An outdoor area used for the storage of two or more recreational
vehicles. Retail sales or major repair work shall only be allowed
if those uses are permitted in that district.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
brother, sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin. This term specifically shall not include
relationships such as second, third or more distant cousins. See definition
of "dwelling unit."
Includes the R-1, R-2, R-3, R-4, R-5, PFO, and MHP Zoning
Districts.
The lot line of a lot containing an existing dwelling or
the lot line of undeveloped land zoned as a residential district.
Land immediately adjoining and upgradient from any type of
natural watercourse, wetland, fen, river or stream that is vegetated
with a combination of trees, shrubs and other herbaceous plants. Riparian
buffer areas can include floodplain and wetland areas.
A year-round vegetative material of substantial height and
density designed to buffer some use from adjacent properties or uses.
See "yard" and "building line."
The ownership of a lot by one or more person, partnership
or corporation, which ownership is separate and distinct from that
of any abutting or adjoining lot.
A land area having metes and bounds description and distinguished
by the fact that development of the area is existing or intended to
exist, and the land development of the area is existing or intended
to exist, and the land development has or shall be undertaken comprehensively
as a whole. A site contains one or more buildings and/or building
lots, a circulation system and supporting facilities.
The area of a site is termed:
"Gross site area" when describing the total
land and water surface area contained in a site.
"Net site area" when describing the part of
the site surface area upon which structures, circulation system and
supporting facilities are existing or intended to exist as a part
of the development. Net site area shall be calculated by deducting
from the gross site area all area necessary to meet:
Panels specifically designed for the purpose of screening
the underside of a mobile home by forming an extension of the vertical
exterior walls of the mobile home and covering the entire distance
between the bottom of the exterior walls and the ground elevation
below.
In regards to commercial timber (tree) harvesting, "slash"
shall mean all debris resulting from timber harvesting operations,
including stems, limbs, tops, stumps and parts thereof of a tree.
A report entitled "Soil Survey of Montgomery County, Pennsylvania,"
published April 1967 by the Soil Conservation Service, United States
Department of Agriculture, which is available through the Extension
Service, Agricultural Agent, the Pennsylvania State University.
Radiant energy (direct, diffuse and reflected) received from
the sun.
An energy system which converts solar energy to usable energy
to meet all or any part of a structure's energy requirements.
Uses solar energy to heat water. The most common types of
solar water heaters are evacuated tube collectors and glazed flat
plate collectors generally used for domestic hot water; and unglazed
plastic collectors used mainly to heat swimming pools.
A device, material, or structure which is designed and used
to convert solar energy into usable electrical energy by the way of
a solar energy system.
Any garbage, refuse, sewage sludge or other
discarded material, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, institutional, public,
household, commercial or mining activities.
For the purposes of this chapter, the following
materials shall not be considered to be solid waste: 1) portions of
trees or shrubs, leaves, mulch and rocks; 2) substances legally disposed
of into the air or water through a federal or state pollution discharge
permit; 3) customary residual wastes from a permitted mineral extraction
use; or 4) materials of a character such as paper, plastic, aluminum
and metal that have been separated from the waste stream for recycling.
In decibels, the weighted sound-pressure level measured by
the use of a sound-level meter satisfying the requirements of ANSI
SI.4, 1971, Specifications for Sound-Level Meters. "Sound level" and
"noise level" are synonymous.
An instrument meeting ANSI SI.4, Specifications for Sound-Level
Meters, comprising a microphone, an amplifier, an output and frequency
weighting network or networks that is used for the measurement of
sound-pressure levels in a specified manner.
Minute fluctuations in atmospheric pressure which accompany
the passage of a sound wave.
In decibels, 20 times the logarithm to the base 10 of the
ratio of a sound pressure to the reference sound pressure of 20 micropascals
(20 micronewtons per square meter). In the absence of any modification,
the level is to be that of a root-mean-square pressure.
Any person or property, real or personal, contributing to
noise pollution.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor wood-fired boiler, especially
that part of a structure extending above a roof.
The Committee composed of Township administrative staff,
including the Township Manager, Code Enforcement Officer, Township
Engineer, Director of Parks and Recreation, Director of Public Works,
Chief of Police and Director of Planning and Economic Development,
which shall review subdivision plans and which shall make recommendations
to the Board of Supervisors concurrently with other boards and commissions
for the plan's conformance to standards as determined by the Township,
their planning documents and studies and by other regulatory agencies
for the health, welfare and safety of the public.
The first placement of permanent construction of a structure,
other than a mobile home, on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent
construction work does not include land preservation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include the excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not as part of the main structure. For a structure other than a
mobile home without a basement or poured footings, the start of construction
includes the first permanent framing or assembly of the structure
or any part thereof on its piling or foundation. For mobile homes
subdivision, "start of construction" is the date on which the construction
of facilities for serving the site on which the mobile home is to
be affixed, including, at a minimum, the construction of streets,
either final site grading or the pouring of concrete pads, and installation
of utilities, is completed.
The Commonwealth of Pennsylvania and its agencies.
Design criteria for communications antennas and related facilities
to enhance compatibility with adjacent land uses, including but not
limited to architecturally screened and/or landscaped communications
antenna and the related facilities and communications towers which
are designed to look other than like communications towers, such as
a light pole, a component of a building or a tree.
A grade of 15% or greater as determined by the soil survey
or accurate contour mapping.
A floor level of a building having an average vertical distance
of not less than six feet between the surface of any floor and the
ceiling next above it shall be considered a full story. Any such portion
of a building having a maximum vertical distance of less than six
feet shall be considered a half-story, except as provided in the definition
of "basement."
A public or privately owned right-of-way serving
as a means of vehicular and pedestrian travel and furnishing access
to abutting properties.
Streets in R-3, R-4 and R-5 Districts will be
classified as "through roads" and "site internal service roads" and
shall be governed as follows:
"Through roads" shall be those which are used
as connecting and through roads to serve residential streets to collector
roads and community facilities.
"Site internal service roads" shall be those
which are used strictly to service residential areas and do not serve
as through roads in a development.
A line identical with the front lot line and ultimate right-of-way
line.
Rights-of-way for street purposes are defined as follows:
Legal right-of-way: the street right-of-way
legally in the public domain at the time a plan is submitted.
Ultimate right-of-way: the street right-of-way
projected as necessary for adequate handling of anticipated maximum
traffic volumes. The ultimate right-of-way is the legal right-of-way
where it has been offered for dedication and accepted by the Township.
Front yard setbacks are measured from the ultimate right-of-way
Equivalent right-of-way: a 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 the
street classifications contained in the Township's Subdivision and
Land Development Ordinance.
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, tying, anchoring or
other protection against the forces of the elements.
Division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in the existing lot lines, for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres
not involving any new roads or easements of access or residential
dwellings shall be exempt.
Where, in the judgment of the Township Engineer, at least
90% of those improvements required as a condition for final approval
have been completed in accordance with the approved plan, so that
the project will be able to be used, occupied or operated for its
intended use.
The duly elected governing body of Lower Providence Township,
also known as the "Board of Supervisors."
A low-lying stretch of land which gathers or carries surface
water runoff.
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A-Horizon."
The Township of Lower Providence.
A parcel of land capable of being subdivided into two or
more lots. Following subdivision, the term may still be applied to
residential developments, shopping centers, or office or industrial
parks which contain a number of smaller lots but which share common
property management and/or private services.
The total acreage within the lot lines, excluding that area
continuously covered by water and rights-of-way of existing public
roads.
Any property line of a tract of land. The term does not apply
to the existing or proposed lot lines of individual lots within the
tract. If the tract is not proposed for subdivision into two or more
lots, the tract boundary line is identical to and functions as a lot
line.
Any vehicle used for living or sleeping purposes.
A recreational vehicle requiring a separate power source
for pulling it, which may include living, sleeping, eating and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
The line parallel to the center line of any public or existing
private road which defines the boundary of the ultimate right-of-way.
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker. This term shall not apply to vehicles
(such as licensed antique cars) for which state regulations do not
require an inspection sticker. The term also shall not include motor
vehicles displaying a license and inspection stickers that have each
expired less than 90 days previously.
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: recreational vehicle storage or parking of commercial vehicles
on a lot. As used in this chapter, "use" includes "building" or "structure."
Vibration is an oscillatory motion of solid bodies described
by displacement, velocity or acceleration with reference to a given
point reference point.
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
See "fence."
Any natural or artificial swale, stream, channel, drain or
culvert in which waters flow continuously or intermittently.
An area of land and/or water meeting one or more definitions
of a "wetland" under Federal and/or Pennsylvania law and/or regulations.
(NOTE: The following was the official federal
definition of wetlands: "Those areas that are inundated or saturated
by surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs and similar areas."
Wetlands are technically defined on the basis of types of vegetation
and soils and the level of the water table below the surface. The
regulations are enforced by the U. S. Army Corps of Engineers, the
U. S. Fish and Wildlife Service and the Pennsylvania Department of
Environmental Protection.)
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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.
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the nearest
point of any structure on the lot.
A 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.
A 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.
The land use category defined according to the Zoning Ordinance
of Lower Providence Township.
The Official Zoning Map of Lower Providence Township, Pennsylvania.
The administrative officer charged with the duty of enforcing
the provisions of the Zoning Ordinance, or his or her officially designated
assistant(s). This position may also include the duties of a building
code official, if certified by the State of Pennsylvania under the
Pennsylvania Uniform Construction Act, Act 45, as amended.
The Lower Mount Providence Township Zoning Ordinance, as
amended.
[Added 1-16-2020 by Ord. No. 662]
A.Â
Applicability of regulations. Unless otherwise provided by law or
in this chapter, no building or structure shall be constructed, erected,
or extended and no structure or land shall be used or occupied except
for the purposes permitted in this chapter.
B.Â
Uses subject to other regulations. Uses permitted by right, by special
exception, or by conditional use shall be subject, in addition to
use regulations, to such regulations of yard, lot size, lot width,
building area and height, impervious surface, off-street parking and
loading, etc., as are specified in other articles of this chapter.
All subdivisions and land developments shall comply with all zoning
district regulations within which the site is located whether or not
the applicant intends to build presently or in the future.
[Added 1-16-2020 by Ord. No. 662]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings and regulations
herein indicated:
A use which is subordinate, accessory, incidental, and customarily
associated with the principal use permitted in the applicable zoning
district. The following are specific types of accessory uses:
ACCESSORY BUILDING/STRUCTURE, NONRESIDENTIALA building/structure that is clearly subordinate, accessory, and incidental to, and customarily associated with, the principal nonresidential building on the same lot and used for purposes of a permitted accessory use. All nonresidential accessory buildings/structures shall meet all of the setback requirements and other regulations applicable to the principal building on the same lot.
ACCESSORY BUILDING/STRUCTURE, RESIDENTIALA building/structure that is clearly subordinate, accessory, and incidental to, and customarily associated with, the principal dwelling on the same lot and used for purposes of a permitted accessory use, including the following structures and structures that are very similar in nature: tennis court, basketball backboard and/or court, volleyball court, gazebo, greenhouse, and children's playhouse or play equipment with less than 150 square feet in ground coverage, but not including accessory buildings/structures/uses specifically named in this chapter, such as: bus shelter, carport, household garage, household storage shed, household swimming pool, and solar system. No business shall be conducted in a residential accessory building/structure. Such buildings/structures shall be subject to the following:
No residential accessory building/structure shall be located
within the required front yard setback. Ground-mounted solar (GMSES),
swimming pools, sport courts, sheds, greenhouses, children's playhouses/play
equipment, and other similar structures shall not be located anywhere
in the front yard.
Except as otherwise specifically permitted in this chapter,
all residential accessory buildings/structures shall meet all of the
setback requirements applicable to the principal building on the same
lot.
ACCESSORY USES, NONRESIDENTIALNonresidential uses clearly subordinate, accessory, and incidental to, and customarily associated with, the principal nonresidential use on the lot and subject to specific limitations on said uses as may be established in this chapter.
ACCESSORY USES, RESIDENTIALResidential uses clearly subordinate, accessory, and incidental to, and customarily associated with, the principal residential use on the lot and subject to specific limitations on said uses as may be established in this chapter. The following are specific types of residential accessory uses:
Accessory building/structure, residential.
Backup generator.
Bus shelter.
Carport.
Garage, household.
Garage/yard sales.
Home occupations.
In-law suite.
Keeping of pets.
Sale of agricultural products.
Shed, household storage.
Short-term rental.
Solar system.
Swimming pool, household.
BACKUP GENERATORPermanent backup generators, used only on a temporary emergency basis, are allowed in all zoning districts as an accessory use.
In the R1, R2, and R3 Zoning Districts, generators shall be
installed no closer than seven feet to a rear or side property line
and shall not be installed in front yards outside of the required
building envelope.
In all other zoning districts, generators shall only be installed
within the required building envelope and meet all setback requirements
of the principal use.
No modification may be made to a generator's manufacturer-installed
noise reduction mechanisms.
BUS SHELTERA structure consisting of at least two transparent walls, covered by a roof, erected pursuant to an agreement with Lower Providence Township for the purpose of providing shelter to persons awaiting public transportation. All such shelters shall be open to the public and shall be erected along public highways and rights-of-way or upon private property.
A bus shelter may be located within a public right-of-way, provided:
The provider of the bus shelter has secured all rights/permission
necessary for said use from any governmental entity responsible for
the particular right-of-way to be used.
The bus shelter provider and the Township shall enter into an
agreement satisfactory to the Township for, but not limited to, the
construction, location, maintenance, signage, advertising, revenue,
permits, fees, renewal, and removal of said bus shelter.
Bus shelters may be located on private property, provided:
The use of the bus shelter on said private property shall continue
to be open to the public.
The private property owner requests and/or agrees, in writing,
that the bus shelter shall be located on its private property and
that the private property will remain open to the public for use of
the bus shelter.
The private property owner and the bus shelter provider enter
into an agreement with the Township for, but not limited to, construction,
location, maintenance, signage, advertising, revenue, permits, fees,
renewal, and removal of said bus shelter.
All bus shelters provided in accordance with the provisions
herein shall:
Have any zoning setback requirements applicable to the specific
location of a bus shelter permitted hereunder suspended for the duration
of the time the bus shelter remains in said location.
Said setback suspension shall be specific to the bus shelter
and shall not be applicable or extend to any other structure or use
on said property.
Said setback suspension shall expire upon the violation of the
terms and conditions of the agreement with the Township and/or the
removal of the bus shelter.
CARPORTA building intended for the storage of one or more motor vehicles, but which is not enclosed on all sides. If any portion of a carport is attached to a principal or an accessory building, it shall be considered to be part of that building.
CONCESSIONSConcession operations located upon and accessory to parkland, fairgrounds, commercial and private recreation, camp grounds, golf courses, racetracks, auditoriums, and cultural centers. Such operations may include the following: refreshment stands, boat and bicycle rentals, stables for boarding or renting horses, retail stands, and similar activities whenever Township regulations are not preempted by another jurisdiction.
DRIVE-THROUGH SERVICEAn establishment where all or a portion of the patrons are served in their motor vehicles. "Drive-through service" shall be used only in conjunction with a restaurant, pharmacy, or financial institution principal use.
FAMILY DAY CAREA family day-care use is a facility, operated as a home occupation, in which care is provided for one or more children, but no more than six at any one time, who are not relatives of the caregiver, and where the child care areas are being used as a family residence.
Licensing, approval and permit procedures. Prior to the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, as amended, of the Department of Public Welfare's Social Services Manual by this Department to the applicant subject to licensure under Article X of the Public Welfare Code, as amended.
This use shall be conducted in a building designed for residential
occupancy and for the safety and well-being of the occupants.
A minimum outdoor play area of 200 square feet of contiguous
area shall be provided for each child as a recreational area for the
children. This area shall not include any impervious surface or parking
areas.
Family day-care uses are only permitted in a single-family detached
dwelling.
If a family day-care use is located adjacent to a nonresidential
use, a parking lot, or on a street classification higher than a residential
access street, the outdoor play area must be enclosed by a four-foot-high
fence which is deemed appropriate by the Township. The outdoor play
area shall be located to the side or rear of the property.
No more than one person, other than members of the immediate
family residing within the principal dwelling, may be employed in
conjunction with this use.
This use shall be located on a public street.
Parking standards. In addition to the off-street parking required
for a single-family dwelling, at least one additional off-street parking
space is required for a nonresident employee and at least one additional
off-street parking space is required for up to every three children
being cared for by this use.
GARAGE, HOUSEHOLDAn accessory building located upon a residential property or a part of a principal residential building used for the storage of motor vehicles of the type and nature permitted in the zoning district and/or for the storage of personal items, sports equipment, tools, and lawn and garden equipment and materials. All of the items stored within a household garage must be owned and used by the owner or tenant of the principal residential use on the same lot.
GARAGE, STORAGEA nonresidential building, not a household 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.
GARAGE/YARD SALEThe accessory use of any lot for the occasional sale of only common household goods, household furniture, and items of a closely similar character. See Chapter 90, Garage Sales.
HOME CRAFTSHome crafts are business activities, operated as a home occupation, whereby the commodity for sale is completely manufactured by hand and may be sold on the site by the resident craftsman. Home craft uses may include, but are not limited to, the following: artists, sculptors, dressmakers, tailors, and woodworkers; and may include such activities as model making, rug weaving, lapidary work, and furniture making.
Home crafts involving non-handheld power tools (such as table
saws, drill presses, lathes, etc.) are permitted only in conjunction
with a single-family detached dwelling.
No more than one person, other than members of the immediate
family residing within the principal dwelling, may be employed in
conjunction with this use.
The outdoor display of the home craft is limited to one finished
product.
In addition to the off-street parking spaces required in this
chapter for the principal residential use on the lot, a home craft
use requires at least one additional off-street parking space, as
well as at least one additional off-street parking space for any nonresident
employee.
HOME OCCUPATIONAny lawful occupation for gain customarily conducted in a dwelling as an accessory use, clearly subordinate to the existing residential use of the property, and subject to specific requirements placed on said uses as may be established in this chapter. All home occupations shall comply with the following:
A home occupation must be conducted within a dwelling which
is the bona fide residence of the principal practitioner of the occupation
or in an accessory building located on the same lot as such a dwelling.
The home occupation shall be carried on wholly indoors.
No more than one home occupation is allowed per dwelling unit.
In no way shall the appearance of the residential structure
be altered or the occupation within the residence be conducted in
a manner which would cause a premises to differ from its residential
character by the use of colors, materials, construction, lighting,
show windows, or advertising visible outside the premises to attract
customers or clients, other than those signs permitted by this chapter.
All commercial vehicles shall be parked on-lot. Off-street parking
spaces are not permitted in the front yards. A ten-foot driveway providing
access to parking areas in the side or rear of the property may be
located in the front yard. All off-street parking areas must be located
at least 10 feet from any property line. Off-street parking lots with
three or more spaces shall be buffered from abutting residences. The
buffer shall include either an evergreen hedge or a solid six-foot-high
wooden or vinyl fence, placed around the perimeter of the parking
area.
No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, odors, dust, or electrical
interference detectable to the normal senses off the lot. No equipment
or process shall be used which creates visible or audible interferences
in any radio or television receivers off of the premises.
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation.
A zoning permit shall be required for all home occupations.
A home occupation shall not include the following: animal hospital,
commercial stable or kennel, clinic, hospital, funeral parlor or undertaking
establishment, antique shop, tearoom, restaurant, tourist home, rooming/boarding/lodging
house, or any other similar use.
High-impact general standards. The following shall apply to
all home occupations except for a no-impact home-based business:
The maximum amount of floor area devoted to a home occupation
shall not be more than 25% of the ground floor area of the principal
structure or 400 square feet, whichever is less. At least 850 square
feet of the total floor area must remain a residential use.
Unless otherwise stated, only members of the immediate family
residing within the principal dwelling shall be employed by the home
occupation, and no more than three persons, including the resident
members of the immediate family, may be employed in conjunction with
a home occupation.
IN-LAW SUITEA single, additional, separate dwelling unit, located on the same lot as a single-family detached dwelling unit, and located only within the principal building or a detached household garage on that same lot. The intent of these provisions is to allow for related family members to reside on the same lot in separate dwelling units, but to prohibit the creation of for-profit apartments in districts where multifamily housing is not otherwise permitted. An in-law suite must meet the following requirements:
An in-law suite shall not be larger than 50% of the total floor
area of the primary living area (the living room, dining room, kitchen,
one bathroom, and the largest bedroom) of the principal residence
on the lot. In no event shall the in-law suite exceed a total floor
area of 800 square feet.
An in-law suite may contain separate cooking, sleeping, living,
and bathroom facilities.
Only one in-law suite shall be permitted on a lot. There shall
be no changes to the exterior of the residence or garage containing
the in-law suite which suggests that this building is anything other
than a single-family detached dwelling or a garage, respectively.
The owner of the property to contain the in-law suite shall
execute a written agreement with the Township, which shall be recorded
against this property, at the office of the Recorder of Deeds, Montgomery
County, that lists all of the zoning requirements contained within
this use definition and shall:
The property owner shall secure a separate zoning permit from
Lower Providence Township authorizing the creation/occupancy of the
in-law suite.
The in-law suite shall be limited to, and used by no more than,
two members of the same family that occupies the principal single-family
dwelling on the same lot.
The property owner shall submit a statement by January 15 of
each calendar year certifying whether the person(s) identified as
the persons for whom the living quarters were initially approved continues
to occupy the in-law suite.
The property owner shall immediately remove all of the separate
cooking facilities from the in-law suite at such time as the in-law
suite is no longer occupied full time by the person(s) identified
as the person(s) for whom the facilities were installed.
The property owner shall notify the Township within 30 days
from the date when the person(s) for whom the facilities were installed
discontinues full-time use of the in-law suite.
The property owner shall surrender the zoning permit issued
by the Township at the time of the owner's notification to the Township
that the in-law suite is no longer occupied by the person(s) for whom
the suit was installed.
Upon expiration of the zoning permit, the in-law suite shall
revert back to its original status as a single-family dwelling unit
or garage without the additional living quarters for family members.
The property owner shall pay all Township permit fees and Recorder
of Deeds recording fees at the time of issuance of the zoning permit
for the in-law suite.
The property owner shall be responsible to pay any and all expenses
incurred by Lower Providence Township, including reasonable attorney's
fees, costs, and expenses incurred for the enforcement of any of the
provisions of this use definition and/or the agreement executed hereunder.
One off-street parking space shall be provided for this accessory
use in addition to the required number of residential parking spaces
for the single-family detached dwelling upon the lot.
INSTRUCTIONAL SERVICESAn instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The establishment of this home occupation shall not require a room or series of rooms specifically designed for that purpose and shall only take place within the principal dwelling as an accessory use.
Instructional services involving musical instruments are only
permitted in single-family detached dwellings or residential accessory
buildings on the same lot.
No persons shall be employed in conjunction with this use other
than members of the immediate family residing within the principal
dwelling.
No more than six students, including the instructor's family
members, shall be taught at any one time.
In addition to the off-street parking spaces required in this
chapter for the principal residential use on the lot, an instructional
service use requires one off-street parking space per two students
being instructed at any one time. A maximum of three off-street parking
spaces are permitted on the lot exclusive of the parking required
for the principal residential use.
KEEPING OF PETSDomestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include the keeping dogs, cats, small birds, racing pigeons, gerbils, rabbits, honey bees, and other nonpoisonous animals commonly sold in retail pet shops for noncommercial purposes. This use shall also include the keeping of up to two horses or ponies, so long as the property is three acres or larger.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use within a residential dwelling which is clearly secondary to the residential dwelling use, and which involves no customer, client, or patient traffic (vehicular or pedestrian) in excess of that normally associated with a residential use, and shall not involve any pickup, delivery, or removal activities, to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the principal
residential use of the property and surrounding residential uses.
The business shall employ no employees other than members of
the immediate family residing within the principal dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the principal
dwelling and may not occupy more than 25% of the habitable floor area.
Also known as "outdoor wood-fired furnaces," "outdoor wood-burning
appliance," or "outdoor hydronic heaters, water stoves," etc. A fuel-burning
device that meets the following requirements:
Designed to burn or that is capable of burning clean wood or
wood pellets made from clean wood or other approved solid fuels;
That the manufacturer designs or specifies for outdoor installation
or for installation in structures not normally intended for habitation
by humans or domestic animals, including structures such as garages
and sheds; and
Which heats building space and/or water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
This definition does not apply to devices or appliances involved
in: grilling or cooking using charcoal, wood, propane, or natural
gas; cooking or heating within a building used for human or animal
habitation such as a stove, furnace, or fireplace; the use of propane,
acetylene, natural gas, gasoline, or kerosene to provide heating for
construction activities.
It has been determined that air pollution from outdoor wood-fired
boilers may be detrimental to the health, comfort, living conditions,
welfare, and safety of the citizens of the Township, and it is hereby
declared to be the policy of the Township to regulate and restrict
the use of outdoor wood-fired boilers in order to safeguard the citizens
of the Township from air pollution. Therefore, outdoor wood-fired
boilers that do not meet the Phase 2 requirements are prohibited in
all districts, whether as a primary use or an accessory use.
OUTDOOR WOOD-FIRED BOILER, PHASE 2An outdoor wood-fired boiler that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pound per million British Thermal Units output or lower and is labeled accordingly and which has a rated thermal output of less than 350,000 BTU per hour. Phase 2 outdoor wood-fired boiler models will be identified with a white hang tag. Where Phase 2 outdoor wood-fired boilers are permitted as conditional uses, the applicant shall prove compliance with all of the following standards and requirements:
The Phase 2 outdoor wood-fired boiler shall be set back at least
150 feet from all property lines, including, without limitation, 150
feet from the street line. The Phase 2 outdoor wood-fired boiler shall
have a permanent attached stack with a minimum stack height of 10
feet above the ground that also extends at least two feet above the
highest peak or highest point of the roof of any occupied building
located less than 150 feet from the outdoor wood-fired boiler.
The fuel used for the Phase 2 outdoor wood-fired boiler shall
be limited to the following, and no other fuel shall be used: clean
wood or wood pellets made from clean wood. The following fuel is also
permitted when used as a starter fuel or supplemental fuel for a dual-fired
boiler: home heating oil, natural gas, or propane.
The Phase 2 outdoor wood-fired boiler shall not be used or operated
between the dates of May 1 and September 30 of any year.
The Phase 2 outdoor wood-fired boiler shall be used or operated
in compliance with all applicable state, local, and federal regulations.
PERSONAL SERVICESA service business established as a home occupation, including, but not limited to, salons, barbershops, and photography studios, which must be conducted in accordance with the following:
This use shall only be established in a single-family detached
dwelling or an accessory residential building on the same lot.
Salons and barbershops may be permitted provided no more than
two customer chairs are proposed.
No more than one person, other than members of the immediate
family residing within the principal dwelling on the lot, may be employed
in conjunction with this use.
The minimum lot area shall be 25,000 square feet.
In addition to the off-street parking spaces required in this
chapter for the principal residential use on the lot, a personal services
use requires one off-street parking space for each non-resident employee,
plus one additional space for each 200 square feet of floor space
used for this use. A maximum of six off-street parking spaces are
permitted on the lot, inclusive of the required residential parking.
PROFESSIONAL IN-HOME OFFICEA professional office is a service-oriented business use conducted within an enclosed area specifically designed for the functional needs of professional services, such as, and similar to, a doctor, dentist, psychiatrist, attorney, accountant, architect, engineer, land surveyor, broker, insurance agent, real estate agent, salesperson, manufacturer's representative, minister, rabbi, or priest. A professional office is a permitted home occupation provided that it complies with the following conditions:
A professional office shall only be established in a single-family
detached dwelling in which the professional resides and restricted
to the first floor of the residence.
No goods or products shall be displayed or sold in conjunction
with this use.
No more than two persons, other than members of the immediate
family residing within the principal dwelling on the lot, may be employed
in conjunction with this use.
The minimum lot area shall be one acre.
In addition to the off-street parking spaces required in this
chapter for the principal residential use on the lot, a professional
office use requires one off-street parking space for each nonresident
employee, plus one additional space for each 200 square feet of floor
space occupied by this use. A maximum of six off-street parking spaces
are permitted on the lot, inclusive of the required residential parking.
REPAIR SERVICEA repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, and other goods, but not including vehicle, automobile, truck, motorcycle, and boat repairs. This use must be conducted as a home occupation and in accordance with the following:
Repair service use is only permitted in single-family detached
dwellings or in an accessory residential building on the same lot.
No additional people other than members of the immediate family
residing within the principal dwelling on the lot may be employed
in conjunction with this use.
In addition to the off-street parking spaces required in this
chapter for the principal residential use on the lot, this accessory
use requires one off-street space per 300 square feet of floor space
occupied by this home occupation.
SALE OF AGRICULTURAL PRODUCTSThe retail sales of agricultural products at roadside stands or other structures to the general public when conducted in accordance with the following:
Sale of agricultural products is an accessory use which shall
be clearly subordinate to a primary residential or agricultural use.
All products sold must be grown, produced or raised on the property,
unless the lot size exceeds 10 acres, in which case at least 50% of
the products sold shall be grown on the property.
The maximum floor area shall be limited to 2,000 square feet.
The sale area of agricultural products, or if such sale area
is located within a structure, that structure, shall meet the yard
and setback requirements for the related primary agricultural use.
This use shall only be established in conjunction with an agriculture
and/or single-family detached dwelling principal use.
Parking: one off-street parking space for each 200 square feet
of sales area.
SHED, HOUSEHOLD STORAGEA structure or building which is less than 250 square feet and is used only for the storage of lawn equipment and personal items accessory to a residential use. Any other type of use other than storage shall not be allowed within the shed.
SHORT-TERM RENTALThe renting out of one or more rooms in a single-family detached dwelling on a short-term basis, usually through websites such as Airbnb or VRBO. This short-term rental use is allowed subject to the requirements for a single-family detached dwelling and the provisions listed below.
Accessory use. This short-term rental use shall be accessory
only to a single-family detached dwelling and shall be allowed only
where:
The dwelling is the principal building on the property and used
by its owner(s) as his/her/their primary residence.
The room(s) offered for rent shall be within the principal building
and shall not be in an accessory building.
The owner of the dwelling must be present overnight in the dwelling
during the course of the short-term rental.
The rental period for a specific occupant(s) shall be less than
15 consecutive nights.
The total rental period shall be no more than 20 separate rentals
a year.
The entire principal dwelling shall not be rented out.
The owner shall rent out no more than two bedrooms of the dwelling.
The owner shall be responsible for any zoning or other ordinance
violation(s) committed by any short-term tenant, in addition to the
tenant's liability.
Application and permit. The following shall be complied with
concerning the application for and issuance of a zoning permit for
this accessory use:
Contact information for the owner in case of emergencies or
violations shall be provided with the application.
Along with the permit application, owner/applicant shall provide
proof of the applicant's ownership of, and permanent residence of,
the property that is the subject of the application. Acceptable proof
of permanent residence includes: applicant's driver's license or voter
registration or U.S. passport showing the address of the property
or other document(s) which the zoning officer determines provides
equivalent proof of permanent residence.
A zoning permit for this use shall only last one year. The owner/applicant
is responsible for renewing this permit in a timely fashion.
A zoning permit for this use may be revoked by the Township
for any of the reasons listed below. An owner/applicant whose short-term
rental zoning permit has been revoked pursuant to this subsection
shall not be eligible to receive a new zoning permit for this use
for one year:
SOLAR SYSTEMAn accessory structure meeting the definition of a building integrated photovoltaic (BIPV) system, a solar energy system, or a solar hot water system. The solar system shall be accessory to the principal use on the same lot; and shall be authorized in all zoning districts. A solar system shall be sized and designed to only generate enough power for the principle use it is accessory to. Any solar system shall be subject to any applicable regulation set forth elsewhere in this chapter; and shall comply with the following:
Solar energy systems accessory to residential uses shall conform
to the following regulations.
Ground-mounted solar energy systems (GMSES).
No GMSES shall be permitted in a front yard.
All GMSESs shall meet the following setbacks from the property
lines:
The side yard setback shall meet the principal use side yard
setback requirement for the zoning district the GMSES is located within.
The rear yard setback shall be equal to the sum of the horizon
length of the GMSES measured between the two furthest points along
the system's longest side, which are equidistant from the existing
grade and the vertical distance of the GMSES measured from the average
elevation of the existing grade around the system to the highest point
of the GMSES, or the principal use rear yard setback requirement for
the zoning district the GMSES is located within, whichever is greater.
No GMSES shall exceed 20 feet in height, as measured from the
average elevation of the existing grade around the system to the highest
point of the GMSES.
No more than 20% of a lot may be covered with a GMSES.
GMSESs shall be located and/or arranged so that any reflection
and/or glare is directed away or buffered from neighboring properties,
sidewalks, and roadways.
Roof-mounted solar energy systems (RMSES), including, but not
limited to, solar hot water systems.
RMSES may include integrated solar panels as the surface layer
of the roof structure of a structure on the parcel with no additional
apparent change in relief or projection (i.e., BIPV systems), or other
types of solar panels, including, but not limited to, separate flush-mounted
panels attached to the roof surface.
Peaked roof. RMSESs and related equipment/materials installed
on the highest roof on the structure shall not project vertically
above the peak of the peaked roof to which they are attached.
Flat roof. RMSESs and related equipment/materials installed
on the highest roof on the structure shall not project vertically
more than five feet above the flat roof to which they are attached.
Lower roof. RMSESs and related equipment/materials installed
on a roof or area of the roof that is lower than the highest roof
on the structure shall not project vertically above this highest roof.
RMSESs shall be located and/or arranged so that any reflection
and/or glare is directed away or buffered from neighboring properties,
sidewalks, and roadways.
Design and installation.
To the extent applicable, a solar system shall comply with the
Pennsylvania Construction Code (Act 45 of 1999), 35 P.S. § 7210.101
et seq., as amended, and the applicable regulations adopted by the
Pennsylvania Department of Labor and Industry (34 Pa. Code § 401
et seq.), as amended.
The applicant shall certify that the solar system, including
its design, meets all applicable industry standards and all applicable
electric utility regulations needed for interconnection.
RMSESs and related equipment/materials shall be set back a minimum
of three feet from the edge of any roof they are installed on.
Discontinued use of solar systems.
Any solar system which has not been active and/or in service
for a period of one year or more shall be completely removed by the
property owner from the property and properly disposed of, including
any and all related equipment/materials.
The former site of the solar system shall be restored by the
property owner to its prior natural condition within six months of
the date of removal of the system from the property.
Solar systems accessory to nonresidential uses shall meet all
of the setback requirements and other regulations applicable to the
principal nonresidential building on the same lot as the system. These
solar systems shall also meet all of the other regulations set forth
above applicable to solar systems accessory to residential uses.
SWIMMING POOL, HOUSEHOLDA man-made area with walls of man-made materials constructed or intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests, subject to the following:
A zoning permit shall be required to locate or construct a household
swimming pool. Permit plans shall be submitted to the Township that
satisfactorily indicate the location, specific dimensions, area, depth,
method of fencing and latching, and method and manner of the emptying
of the pool. The issued permit shall indicate the approved method
of drainage and fencing. Before any swimming pool is filled with water,
the Township shall make a final inspection and issue a compliance
certificate.
The pool shall be illuminated by underwater or exterior lights,
or both, provided all exterior lights are located so that the light
is neither directed or reflected upon adjacent properties in such
a manner as to be a nuisance or an annoyance to neighboring properties.
Underwater lighting shall be in compliance with the applicable National
Electrical Code.
A fence shall be provided in conformance with the Township's
Building Code. At a minimum, every swimming pool shall be entirely
surrounded by a permanent wire mesh fence or its equivalent; not less
than four feet in height; equipped with an automatically closing gate
and operating lock that automatically latches. This fence shall be
located no closer than five feet from the edge of the pool. An aboveground
pool equipped with a deck or platform, however, may have the fence
installed on the edge of the deck or platform, so long as it completely
surrounds the pool.
There shall be no cross-connection with a public sewerage system.
The permanent inlet shall be above the overflow level of the
pool.
Special setbacks:
No pool or associated decking/equipment shall be located less
than 15 feet from any property or street line.
No pool or associated decking shall be located under any electric
power lines (including service lines), and the pool/decking must be
located at least 10 feet (measured horizontally) from such power lines.
No in-ground pool shall be located less than 15 feet from any
cesspool or subsurface sanitary sewer system.
These regulations apply to all pools, spas, hot tubs, etc.,
and their appurtenant facilities.
TEMPORARY USE OR STRUCTUREA use or structure which is not to be used for more than 30 continuous days.
TRADES BUSINESSA trades business is a home occupation which uses a residence as the base of operation for a craftsperson or tradesperson, but not including the conducting of any phase of the craft or trade on the property, other than administrative activities. Applicable crafts and trades include but are not limited to: electrician, plumber, carpenter, mason, painter, roofer, and similar occupations.
This use shall only be established in conjunction with a single-family
detached dwelling. The minimum lot area shall be three acres.
A maximum of three business vehicles may be parked on the property.
These vehicles shall be parked to the side or rear of the dwelling
unit.
The area of the office and for the storage of materials and
equipment (excluding vehicles) shall not exceed the floor space limitations
for home occupations in general.
No assembling, manufacturing, processing, or sales shall be
conducted on the property.
In addition to the off-street parking spaces required in this
chapter for the principal residential use on the lot, a trades business
use requires one off-street space for each business vehicle. A maximum
of six off-street parking spaces are permitted on the lot inclusive
of the required residential parking.
A use involving the cultivating of soil, the raising of livestock,
and the harvesting of the products of the soil, including, but not
by way of limitation, crop farming, animal husbandry, nursery stock,
horticulture, silviculture, aquaculture, and forestry. The following
are specific types of agricultural uses:
ANIMAL HUSBANDRYThe raising and keeping of livestock, poultry, or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "keeping of pets" accessory use and beyond what is allowed within the definition of "crop farming." "Animal husbandry" shall not include a CAFO, a slaughterhouse, nor a stockyard used for the housing of animals awaiting slaughter.
COMMERCIAL FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. This term shall not apply to Christmas tree farms.
CROP FARMINGThe cultivating, raising, and harvesting of products of the soil and the storage of these products produced on the premises. The definition of crop farming shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, non-household stables, concentrated animal feedlot operations, riding academies, or kennels.
KENNELThe keeping of more than four dogs or more than six cats, that are older than six months, or the breeding of any number of dogs or cats for compensation or commercial uses. A nonprofit animal shelter is a type of kennel.
STABLE, NON-HOUSEHOLDAny housing of three or more horses. This may include a commercial or private riding club. The housing of up to two horses shall be considered an accessory use under the "keeping of pets" on properties of three acres or more.
Includes retail sales, offices, professional services, personal
services, auto sales, auto repair garages, and other uses of a similar
commercial nature. The sale of goods or services from a vehicle on
a lot shall also be considered to be a retail store commercial use.
The following are specific types of commercial uses:
AUTO, BOAT, AND/OR MOBILE/MANUFACTURED HOME SALESA building or area, other than a street, used for the outdoor or indoor display, sale, or rental of one or more of the following: motor vehicles, recreation vehicles, boat trailers, farm equipment, motorcycles, trucks, utility trailers, construction vehicles, or boats in an operable condition, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use to a principal auto or boat sales use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park or a junkyard.
AUTO REPAIR GARAGEA building and/or land where repairs and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service center." An auto repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding, or rebuilding of transmissions. This use may also include any use described in the definition of "auto service center." The following performance standards shall be met:
All activities shall be performed within an enclosed building.
The storage of vehicles, boats, parts, or accessories shall
be within an enclosed building or behind an eight-foot high, opaque
fence. All stored items shall be fully shielded from view from any
adjacent property or roadway.
The applicant shall provide documentation that any emissions
or exhaust levels are acceptable for a residential area.
AUTO SERVICE CENTERA building and/or land where repairs and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is less intense in character than work permitted under the definition of "auto repair garage." This use includes major mechanical work and emissions testing centers, but specifically excludes body work, welding, and painting. This use may also include the accessory sale of gasoline in compliance with the requirements of a gasoline filling station. The following performance standards shall be met:
All activities shall be performed within an enclosed building.
The storage of vehicles, boats, parts, or accessories shall
be within an enclosed building or behind an eight-foot high, opaque
fence located behind the front facade of the principal building upon
the property. All stored items shall be fully shielded from view from
any adjacent property or roadway.
The applicant shall provide documentation that any emissions
or exhaust levels are acceptable for a residential area.
BAKED GOODS STOREA retail store that only sells baked goods. A baked goods store that contains seating for food consumption shall be considered a restaurant use.
BED-AND-BREAKFASTA residential use consisting of one dwelling unit together with more than two rooms that are rented to overnight or weekly guests and where meals are prepared for the guests by the proprietors. The rented rooms do not contain kitchen facilities and do not constitute separate dwelling units. This does not include a short-term rental.
BETTING USEA use where lawful gambling activities are conducted, including but not limited to off-track pari-mutuel betting, horse or dog tracks, bingo parlors, and riverboat gambling. This term shall not include betting under the state lottery programs or betting under the "small games of chance" provisions of state law, which shall instead be regulated under the regulations applicable to the principal use of the property (such as a membership club).
BOARDINGHOUSEA residential use in which individual room(s) that do not meet the definition of a dwelling unit are rented for habitation and that does not meet the definition of a hotel, dormitory, motel, life-care center, personal care center, bed-and-breakfast, group home, nursing home, or short-term rental. A boardinghouse may involve the provision of meals to residents.
BOOKSTOREA retail store that sells new and used books. An adult bookstore shall not be considered a bookstore.
CAMERA AND PHOTOGRAPHIC SUPPLY STOREThe retail selling of cameras, video devices, and photographic supplies with limited photographic development only.
CAR WASHAutomated or self-serve commercial facility for washing, cleaning, and/or detailing of automobiles and light trucks.
CHILDREN'S AND INFANTS' CLOTHING STOREThe retail selling of clothing for children and infants, including coverings for the trunk and limbs as well as coverings for hands (gloves), feet (shoes, sandals, boots), and head (hats, caps).
CLOTHING ACCESSORIES STOREThe retail selling of clothing including coverings for the trunk and limbs as well as coverings for hands (gloves), feet (shoes, sandals, boots), and head (hats, caps). Articles carried rather than worn (like purses and umbrellas) normally count as accessories rather than clothing.
CONVENIENCE STOREA retail store with limited inventory, that primarily sells routine household goods, groceries, and prepared ready-to-eat foods to the general public. This use may also include the accessory sale of gasoline in compliance with the requirements of a gasoline filling station. A convenience store shall not contain a drive-through accessory use.
FINANCIAL INSTITUTIONAn establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public and that may include automatic teller machines (ATM). This use may have a drive-through accessory use.
FLEA MARKETBusinesses with short-term or daily rental of stalls, booths, or selling spaces to individual persons for selling used and new consumer merchandise, antiques, art and craft items, and collectibles at retail. Resale of merchandise is allowable, but not as a branch or outlet of a business with another location elsewhere outside the flea market. Uses such as garage/yard sales, junk sales, used car sales, thrift shops, and consignment shops are excluded from this definition.
FUNERAL ESTABLISHMENTAn establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation, including a funeral home, mortuary, auditorium, retail sales of funeral-related equipment and goods, laboratory, and temporary storage facilities, but not including cemeteries, columbaria, crematoriums, mausoleums, or any other permanent storage facility for remains.
GARAGE, PUBLICA building, other than a household or storage garage, one or more stories in height and used solely for the commercial storage of motor vehicles and boats.
GASOLINE FILLING STATIONAny area of land, together with structures thereon, used for the retail sales of motor fuel and may include ancillary/accessory services, such as a car wash; the sale, installation, or minor repair/replacement of lubricants, tires, batteries or other automobile accessories; and the routine servicing and minor mechanical repair of motor vehicles, excluding painting, major body, upholstery, and restoration work. In addition, any such use shall meet the following standards:
HOTELA building which provides temporary lodging accommodations, with entry to individual lodging units being made from the interior of the building and with no direct entrance to individual lodging units from the exterior of the building, and which may provide eating facilities, meeting rooms, recreational facilities, and restaurants located within and forming a part of the hotel building.
LUMBER YARD/BUILDING SUPPLYThe wholesale/retail sale of construction and building materials, supplies, and accessories. May include the sale of nursey stock, residential outdoor furniture and appliances, and/or residential lawn and garden equipment as an accessory use.
MOTOR COURT OR MOTELA 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, and used for providing overnight or temporary sleeping accommodations for travelers and is suitable for occupancy at all seasons of the year.
MEAT AND SEAFOOD MARKET AND BUTCHER SHOPA retail establishment in which meat, poultry, and fish are sold. The killing of animals or fish onsite shall be considered a slaughterhouse, and thus such activities are not allowed in conjunction with this retail use. All waste material must be disposed promptly and temporarily stored correctly as required by the Township.
MEDICAL MARIJUANA DISPENSARYA shop or store holding a permit issued by the Pennsylvania Department of Health to dispense medical marijuana and that sells medical marijuana to the ultimate consumer. Other retail sales, other activities, accessory/ancillary uses, and outside storage/display are not allowed as a part of this use nor are they allowed in/on the same structure/property as this use. In addition, the establishment and operation of a dispensary shall fully comply with the Pennsylvania Medical Marijuana Act (35 P.S. § 10231.101 et seq.) and the regulations promulgated thereunder, including, but not limited to, Chapters 1141, 1151, and 1161 of Title 28 of the Pennsylvania Code (28 Pa. Code Chapters 1141, 1151, and 1161).
NEWS DEALERS AND NEWSSTANDSA place (such as an outdoor stall) where newspapers, magazines, and periodicals are sold. Any material displayed or being sold containing seminude or totally nude pictures or drawings shall be considered an adult bookstore, and thus such activities are not allowed in conjunction with this retail use.
PERSONAL SERVICESShops, including but not limited to a barber/beauty shop, hair/nail salon, electrolysis services, tailor, dressmaking, shoe repair, photographer, travel agency, or similar service uses, excluding repair service, dry-cleaning, tattoo, and massage establishments.
PHARMACYThe art, practice, or profession of preparing, preserving, compounding, and dispensing medical drugs or cosmetic material. The sale of liquor, wine, and/or beer shall not be allowed in conjunction with this retail use. A pharmacy which displays more than 40% of the gross floor area of the pharmacy in food products normally sold in grocery stores shall be considered a retail store use and not a pharmacy. Excludes a medical marijuana dispensary.
PLANT NURSERY or LANDSCAPING BUSINESSThe indoor and/or outdoor raising of trees, plants, shrubs, or flowers for sale and storage of landscaping equipment, but not primarily including commercial forestry for lumber. A plant nursery may include the growth of trees for sale for interior decoration of homes, such as a Christmas tree farm. A plant nursery or landscaping business with more than three employees shall be considered a retail store use.
PRODUCE SHOPThe retail sale of fresh agricultural products from permanent enclosed structures. Meat, fish, and/or dairy products are not permitted. Outdoor sales area may not exceed 10% of the enclosed retail sales area.
REPAIR SERVICEShops for the repair of small engines, appliances, watches, jewelry, firearms, bicycles, and other similar household items.
RESTAURANTA commercial establishment for the sale and consumption of food and beverages. Drive-in and fast food restaurants are considered separate and distinct uses from a restaurant, in general. The sale of alcoholic beverages must be incidental to the sale and consumption of food.
RESTAURANT, FAST-FOODAny restaurant which is characterized by one or more of the following features:
Orders are placed and received at a central counter.
Orders are frequently packaged for takeout.
Orders may be consumed at tables or booths within the facility
which must be cleared by the customers.
Tableside service is not provided.
Disposable containers and utensils are used rather than reusable
dishes.
Contains a drive-through as an accessory use.
Customers place and receive their orders without leaving their
cars or other motor vehicles.
RETAIL STOREA use in which merchandise is sold or rented to the general public but does not include the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store, restaurant, or other separately defined uses.
SATELLITE USEA commercial establishment in a shopping center, located independent of other buildings and frequently near the road frontage of the center. These uses are often ancillary to large stores in the center.
SELF-STORAGE FACILITYA building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property. This use may also include an accessory recreational vehicle storage use.
SHOPPING CENTERA use combining three or more satellite uses, retail stores, specialized retail, supermarkets, baked goods stores, bookstores, camera and photographic supply stores, children's and infants' clothing stores, clothing accessories stores, financial institutions, meat and seafood market and butcher shops, pharmacies, produce shops, personal services, repair services, offices, and/or restaurants.
SPECIALIZED RETAILRetail shops and stores selling gifts, novelties, flowers, books, periodicals, jewelry, apparel, tobacco, toys and crafts and stationery; a hobby shop; excluding antique stores. Stores in excess of 7,500 square feet in a single structure are not included in this use. Adult bookstores are not included in this use.
SUPERMARKETA retail store with more than 10,000 square feet of retail space where food for humans is the primary item being sold.
SWIMMING POOL, PUBLICA man-made area with walls of man-made materials constructed or intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the general public.
A zoning permit shall be required to locate or construct a public
swimming pool. Permit plans shall be submitted to the Township that
satisfactorily indicate the location, specific dimensions, area, depth,
method of fencing and latching, and method and manner of the emptying
of the pool. The issued permit shall indicate the approved method
of drainage and fencing. Before any swimming pool is filled with water,
the Township shall make a final inspection and issue a compliance
certificate.
The pool shall be illuminated by underwater or exterior lights,
or both, provided all exterior lights are located so that the light
is neither directed or reflected upon adjacent properties in such
a manner as to be a nuisance or an annoyance to neighboring properties.
Underwater lighting shall be in compliance with the applicable National
Electrical Code.
A fence shall be provided in conformance with the Township's
Building Code. At a minimum, every swimming pool or pool complex shall
be entirely surrounded by a permanent wire mesh fence or its equivalent;
not less than six feet in height; equipped with automatically closing
gates and operating locks that automatically latch. This fence shall
be located no closer than 10 feet from the edge of any pool.
There shall be no cross-connection with a public sewerage system.
The permanent inlet shall be above the overflow level of the
pool.
Special setbacks:
No pool or associated decking/equipment shall be located less
than 20 feet from any property or street line.
No pool or associated decking shall be located under any electric
power lines (including service lines), and the pool/decking must be
located at least 20 feet (measured horizontally) from such power lines.
No in-ground pool shall be located less than 30 feet from any
cesspool or subsurface sanitary sewer system.
These regulations apply to all pools, spas, hot tubs, etc.,
and their appurtenant facilities.
SWIMMING POOL, SEMIPUBLICA man-made area with walls of man-made materials constructed or intended to enclose water at least 24 inches deep for bathing or swimming and that does not meet the definition of a household or public swimming pool. This includes a pool that serves only residents of a development or members of a club, and their occasional guests.
A zoning permit shall be required to locate or construct a semipublic
swimming pool. Permit plans shall be submitted to the Township that
satisfactorily indicate the location, specific dimensions, area, depth,
method of fencing and latching, and method and manner of the emptying
of the pool. The issued permit shall indicate the approved method
of drainage and fencing. Before any swimming pool is filled with water,
the Township shall make a final inspection and issue a compliance
certificate.
The pool shall be illuminated by underwater or exterior lights,
or both, provided all exterior lights are located so that the light
is neither directed or reflected upon adjacent properties in such
a manner as to be a nuisance or an annoyance to neighboring properties.
Underwater lighting shall be in compliance with the applicable National
Electrical Code.
A fence shall be provided in conformance with the Township's
Building Code. At a minimum, every swimming pool or pool complex shall
be entirely surrounded by a permanent wire mesh fence or its equivalent;
not less than six feet in height; equipped with automatically closing
gates and operating locks that automatically latch. This fence shall
be located no closer than 10 feet from the edge of any pool.
There shall be no cross-connection with a public sewerage system.
The permanent inlet shall be above the overflow level of the
pool.
Special setbacks:
No pool or associated decking/equipment shall be located less
than 20 feet from any property or street line.
No pool or associated decking shall be located under any electric
power lines (including service lines), and the pool/decking must be
located at least 20 feet (measured horizontally) from such power lines.
No in-ground pool shall be located less than 30 feet from any
cesspool or subsurface sanitary sewer system.
These regulations apply to all pools, spas, hot tubs, etc.,
and their appurtenant facilities.
TAVERNA place where alcoholic beverages are served as at least 50% of the total sales, The sale of food and production of beverages may also occur.
THEATERA building or part of a building devoted to the showing of moving pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.
TOURIST HOMEA dwelling in which sleeping accommodations for fewer than 10 persons are provided or offered primarily for automobile travelers for compensation.
TRADESA contractor's storage yard and offices for building trades, such as but not limited to: landscaping, plumbing, electrical work, building construction, building remodeling, woodworking, and roofing.
TRUCK STOPA commercial use that primarily involves providing fuel and other services to tractor-trailer trucks. This use may also involve providing repair services, sale of gifts and various household items, a restaurant, showers, and a motel.
VETERINARIAN OFFICE OR ANIMAL HOSPITALA building routinely used for the treatment of animals and related accessory housing or boarding of sick animals. Treatment of large animals includes all types of animals including horses, cows and pigs. Housing of primarily healthy animals shall be considered a kennel and shall meet the requirements of that use.
Includes manufacturing, distribution, warehousing, and other
operations of an industrial nature, and not primarily of a commercial,
institutional, or residential nature. The following are specific types
of industrial uses:
CONCENTRATED ANIMAL FEEDLOT OPERATION (CAFO)A lot or facility where at least 50 livestock or poultry animals have been, are, or will be housed, stabled, or confined and fed or maintained for a total of at least 45 days in any twelve-month period, and the animal confinement area does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. A facility housing more than 50 animals shall be considered an industrial use and not an agricultural use. It is not necessary that the same animals are fed or maintained on the lot for the forty-five-day period, nor do the 45 days need to be consecutive. For the requirements of having a Pennsylvania Nutrient Management Plan, a CAFO is also defined as where the animal density exceeds two AEUs per acre on an annualized basis. (An AEU being defined as 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit). A CAFO shall only be located within the Industrial District as a conditional use on a tract of land with at least 10 acres. All building(s) where slaughtering takes place shall be located at least 250 feet away from all exterior lot lines and at least 1,000 feet away from any existing dwelling or any boundary of a residential zoning district. This use must meet the buffer requirements for an industrial use.
JUNKYARDAny land or area used for: the storage of paper, rags, scrap metal, or other junk/debris/waste material; the storage of automobiles, vehicles, equipment, appliances, and other types of machinery not in running condition; and/or the dismantling of such items.
DISTRIBUTIONThe processing of materials so as to sort out which finished goods are to be transported to different locations, and the loading and unloading of such goods. This use usually involves inventory control, material handling, order administration, and packaging. Specifically, a use that primarily involves either loading materials from tractor-trailers onto smaller trucks or loading materials from smaller trucks onto tractor-trailers shall be considered a distribution use. This use shall not include a trucking company terminal.
MANUFACTUREThe making, with substantial use of machinery, of some product for sale, and/or associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, recycling, distribution, and repair, with substantial use of machinery, of products for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility, or truck terminal.
MEDICAL MARIJUANA GROWER/PROCESSORAn industrial facility holding a permit issued by the Pennsylvania Department of Health to grow and process medical marijuana and that sells medical marijuana to medical marijuana dispensaries for sale to the ultimate consumer. Retail sales, other activities, accessory/ancillary uses, and outside storage/display are not allowed as a part of this use nor are they allowed in/on the same structure/property as this use. In addition, the establishment and operation of a grower/processor shall fully comply with the Pennsylvania Medical Marijuana Act (35 P.S. § 10231.101 et seq.) and the regulations promulgated thereunder, including, but not limited to, Chapters 1141 and 1151 of Title 28 of the Pennsylvania Code (28 Pa. Code Chapters 1141 and 1151).
MINERAL EXTRACTIONThe removal of bulk mineral resources from the surface or beneath the surface of the land using significant machinery. Mineral extraction includes, but is not limited to, the extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale, and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.
PRINTINGShall include printing, publishing, lithographing, photocopying, bookbinding, and similar uses.
RECYCLING COLLECTION CENTERA use for collection and temporary storage of more than 500 pounds of common household materials for recycling but that does not involve processing or recycling, other than routine sorting, baling, and weighing of materials.
SLAUGHTERHOUSEA use involving the killing of animals for the production of food or some other commercial product. Also includes the processing of meat or fish in such a manner as to change its properties with a view to preserving it, improving its quality, or making it functionally more useful. A commercial stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughterhouse. This shall not include a custom "butcher shop" that does not involve killing of animals (which is a retail sales use).
Land or structures where solid waste is processed, incinerated
or disposed of. This shall only include the following facilities,
each of which shall be required to have all permits required by the
state in place prior to initiation of the use: sanitary landfill,
solid waste transfer facility, or solid waste-to-energy facility.
The following uses for the purposes of this chapter shall not
be considered to be a solid waste disposal facility: junkyard, recycling
collection center, leaf composting, clean fill, or septage or sludge
application.
SOLID WASTE-TO-ENERGY FACILITYA type of solid waste disposal facility that utilizes waste (such as trash, sludge, or any other nonhazardous commercial, residential, or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs.
SOLID WASTE TRANSFER FACILITYA type of solid waste disposal facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste.
TIRE STORAGE, BULKThe storage of more than five tires on a lot, except for manufacture or wholesale or retail sales of new tires. All retail or wholesale bulk tire storage sales must be completely conducted indoors to be not considered bulk tire storage.
TRUCK TERMINALA use involving either a single or a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from and reloaded onto tractor-trailer trucks. This definition shall include large warehouse uses with over 50 truck docks.
A use that primarily involves loading materials from tractor-trailers
onto smaller trucks or smaller trucks onto tractor-trailers shall
be considered a distribution use.
A truck terminal may include the following as clearly accessory
uses, if they are closely related to the principal use: repair, washing,
refueling, and maintenance facilities for trucks using the terminal;
administrative uses for the terminal; and rest facilities for drivers
of trucks using the terminal.
Storage or parking of two or more empty trailers on a single
lot that are not associated with any type of specific warehouse or
distribution structure on that lot shall also be defined as operating
a trucking terminal.
WAREHOUSEA building or group of buildings containing fewer than 50 loading/unloading docks/areas and used for the indoor storage, transfer, and redistribution of products and materials, including materials owned by third parties that are transported to the site to be unloaded, stored, and subsequently reloaded onto trucks and/or tractor-trailers for delivery to other locations. A related retail use occupying a space constituting less than 5% of the total warehouse space may be included within each warehouse.
WHOLESALESales that primarily involve transactions with other businesses and their agents and not to the general public.
An organization having an educational, social, philanthropic,
or religious purpose, such as a hospital, hospice, care facilities
for the aged, nursing home, life-care center, assisted living care,
church, reformatory, school, college, and university. The following
are specific types of institutional uses:
ANIMAL CEMETERYLand or buildings used for the internment or burial of the remains of three or more animals. Burial of up to two animals on a lot shall be a permitted-by-right accessory use in all districts.
AUDITORIUM, COMMERCIALA commercial area or structure involving indoor or outdoor space for exhibits, meetings, live performances, or sports events, but not a use that meets the definition of a movie theater, adult cabaret, restaurant, drive-in restaurant, or fast-food restaurant.
CARE FACILITIES FOR THE AGEDInstitutional facilities that provide support services to the elderly, including personal care facilities, intermediate care facilities, skilled nursing care facilities, nursing homes, and life-care facilities.
CEMETERYLand or buildings used for the burial only of deceased humans and/or for the cremated remains only of humans.
CHILD DAY-CARE FACILITYAny of the following, as defined by Pennsylvania Code Title 55, Part V, Subpart D, Article I, Chapters 3270, 3280, and 3290: child day-care center, group child day-care home, or family day-care home.
COMMUNITY CENTERA noncommercial use that exists solely to provide leisure and educational activities and programs to the general public, residents of a specific development and their occasional guests, or certain age groups. The use also may include the noncommercial preparation and/or provision of meals to low-income persons. This shall not include residential uses.
CRIMINAL TREATMENT CENTERA use, other than a prison, providing living accommodations and treatment facilities for persons needing such treatment because of offenses that are criminal in nature. This shall include, but not be limited to, drug rehabilitation centers, halfway houses for persons recently released from prison, and treatment centers for drunk drivers and juvenile delinquents.
CULTURAL CENTERA building and/or land open to the public which contains exhibits of clearly artistic or cultural interest, such as a museum, art gallery or indoor nature study area. This shall not include uses that are primarily commercial.
DORMITORYA principal or accessory building that includes residential areas occupied exclusively by faculty/staff and/or students/patients of an accredited college or university, state-licensed hospital, or accredited public or private primary or secondary school.
EDUCATIONAL USEIncludes any or all of the following institutions of learning:
Schools. Public (including charter schools) and private (including
religious, sectarian, nonsectarian, and denominational schools) schools
providing primary, elementary, junior high, or high school level education
and instruction to both day and boarding students. Does not include
child day-care facilities.
Institutions of higher learning. Accredited institutions, including
junior colleges, community colleges, four-year colleges, and universities
that offer courses of general or specialized study leading to a post-secondary
or graduate degree.
Trade/vocational schools. An entity providing instruction in
a trade or vocation, such as information technology, carpentry, plumbing,
electronics, automobile repair, cosmetology, culinary arts, and other
similar activities, leading to a degree or certificate.
FRATERNITY OR SORORITY HOUSEA type of dormitory, regulated as such, which is occupied by organized groups of students currently attending an institution of higher learning, and which is officially recognized as a fraternity or sorority by such institution.
HOBBY SCHOOL OR STUDIOA facility that is primarily intended for teaching, instruction, and practice of a skill, craft, or hobby (i.e., dancing, gymnastics, martial arts, photography, ceramics, music, art, etc.) and does not include viewing or fitness as primary activities.
HOSPICEA facility that provides support services for terminally ill persons, but that does not primarily involve highly skilled medical care. Such use may occur within a hospital, care facilities for the aged, personal care center, or group home. However, if the use involves care of persons with illnesses that can be contagious through the air or casual conduct, the use shall be limited to within a hospital or nursing home.
HOSPITALA use that involves the diagnosis, treatment, or other medical care of humans that includes care requiring stays overnight and that may also include outpatient care. A medical care use that does not involve stays overnight shall be considered a "medical office or clinic." A hospital may involve care and rehabilitation for medical, dental, or mental health, but shall not include housing of the criminally insane nor primarily involve housing or treatment of persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health-care professions.
INSTITUTIONAL GROUP LIVING QUARTERSResidential living quarters where the residents do not live together as a single housekeeping unit. To be considered a single housekeeping unit, all residents must have common use of and access to all living areas, eating areas, bathrooms, and food preparation and serving areas. Dormitories, barracks, prisons, nursing homes, personal-care homes, life-care facilities for the aged, long-term care areas of hospitals, shelters, wards, juvenile institutions, group homes that meet the above definition, monasteries, convents, and any other similar living quarters that meet the above definition shall be considered an institutional group living quarter.
INTERMEDIATE CARE FACILITYA facility that provides nursing care and related medication or other personal health services on a regular basis to individuals who do not require a degree of care or treatment which a hospital or skilled nursing care facility is designed to provide, but who, because of their mental or physical disability, require hospital or skilled nursing services within the context of a planned program of care and administrative management, supervised on a continuous twenty-four-hour basis in an institutional setting. Must comply with all state regulations and licensing requirements.
LIFE-CARE FACILITYAn age-restricted continuing care development that provides a continuum of accommodations and care, from independent living units to personal care to intermediate care to skilled nursing care to hospice and nursing homes, and enters into contracts to provide lifelong care in exchange for the payment of periodic fees and an entrance fee. Independent living units are dwelling units located within a life-care facility. Must comply with all state regulations and licensing requirements.
NURSING HOMEA facility licensed by the state for the housing and intermediate or fully skilled nursing care of four or more persons. Must comply with all state regulations and licensing requirements.
PERSONAL-CARE FACILITYA premises in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator and who do not require the services of a skilled nursing or intermediate care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, or medication prescribed for self-administration. Sometimes known as an "assisted living facility." Must comply with all state regulations and licensing requirements.
PLACES OF WORSHIPBuildings, such as synagogues, churches, religious retreats, monasteries, seminaries, temples, meetinghouses, and shrines, used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes.
PRISONA correctional or penal institution which persons are required to inhabit by criminal court actions or as the result of a criminal conviction.
SKILLED NURSING CARE FACILITYA premises in which nursing care and related medical or other health services are provided for a period exceeding 24 hours for two or more individuals who are not relatives of the operator, who are not acutely ill or in need of hospitalization but who, because of age, illness, disease, injury, convalescence, or physical or mental infirmity, need such care, including, but not limited to, Alzheimer units and memory care services. Must comply with all state regulations and licensing requirements.
The following are specific types of office uses:
MEDICAL OFFICE OR CLINICA use involving the treatment and examination of patients by state-licensed physicians or dentists, provided that no patients shall be kept overnight on the premises. This use may involve the testing of tissue, blood, or other human materials for medical or dental purposes.
OFFICEA use that involves administrative, clerical, real estate, financial, governmental, or professional operations and operations of a similar character. This use shall not include commercial uses, industrial uses, medical or dental offices, veterinarian offices/animal hospitals, clinics or laboratories, photographic studios, or television or radio broadcasting studios.
The following are specific types of recreational uses:
CAMPGROUNDA commercial use that is primarily recreational in nature that involves the use of tents, portable toilets, and/or sites leased for recreational vehicles for transient and seasonal occupancy by persons recreating or by travelers using automobiles, recreational vehicles, bicycles, canoes, rafts, or boats. Also includes the use of tents or cabins for seasonal occupancy or temporary use by organized groups of persons or by private rental purposes. Rental of properties along the Schuylkill River for any type of boat, canoe, or rafting launch or landing shall be considered operating a commercial campground.
COMMERCIAL INDOOR RECREATIONA type of commercial recreation use that: a) does not meet the definition of commercial outdoor recreation; and b) is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use, rock climbing, and similar uses. This term shall not include any use listed separately as a distinct use by in this chapter, such as a theater.
COMMERCIAL OUTDOOR RECREATIONA type of commercial recreation use that: a) has a total building coverage of less than 15%; and b) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park, outdoor ice skating, and similar uses. This term shall not include any use listed separately as a distinct use by this chapter, such as a target range.
FAIRGROUNDSA use that offers primarily outdoor amusements and activities such as agriculturally and/or horticulturally-related exhibitions and shows, trade shows, boat shows, recreational vehicle shows, temporary tent sales, hobby shows, camping shows, fishing and hunting shows, and firework displays with accessory facilities such as concessions, amusement park rides, commercial games, and musical concerts. Also includes routine and customary accessory activities on the property of a Township-recognized fire company, such as small games of chance, fundraising breakfasts, and concessions to serve attendees at such events.
GOLF COURSEAn outdoor area used for the game of golf, with a minimum of nine holes each requiring a player to hit a ball at least 100 feet. This use may also include a clubhouse (which may include a restaurant, banquet facilities, and/or snack bar), swimming pools, tennis courts, indoor gyms, golf equipment sales, maintenance structures, and similar facilities as accessory uses.
PARKLANDMunicipal, county, state and federal parks, including, but not limited to: Audubon Wildlife Sanctuary, Evansburg State Park, and Valley Forge National Historical Park, as well as public lands held for conservation and open space preservation, including open space dedicated to Lower Providence Township or Montgomery County. All parkland is limited to uses of a primarily passive, nonintensive, and nonmotorized nature, including, but not limited to, picnicking, walking, running, hiking, bicycling, horseback riding, fishing, ice skating, boating, birdwatching, overnight camping, tennis, basketball, roller hockey, wildlife sanctuary, playground, forest preserve, watershed protection area, and playing fields.
RACETRACKA use primarily involving driving of any type of motor vehicle other than upon driving on a public street, and involving speeds routinely exceeding 40 miles per hour, that involves some element of timekeeping or other competition. Also covers facilities for the racing of horses or dogs and accessory uses such as restaurants and bars.
PRIVATE RECREATIONIndoor and outdoor leisure-time activities that are only open to specific members, guests, or groups connected to the use.
TARGET RANGEAn area used for firearm and/or archery shooting practice or competitions.
TRAILER CAMP OR PARKAny land used or designated to be used as parking space for more than one recreational vehicle.
WILDLIFE SANCTUARYA noncommercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance buildings.
An existing or proposed dwelling or dwelling unit on a lot.
The following are specific types of residential uses:
DUPLEXTwo dwelling units on one lot, in a single building, having one wall or floor in common, with yard area on all sides of the building containing the two dwelling units.
GARDEN APARTMENTA type of multifamily dwelling which is not more than 35 feet in height from the main finished grade level and has direct entrances from the outside to each dwelling unit.
GROUP HOMEA use that meets all of the following criteria:
Involves the care of between two and 20 persons who are not
related to each other by blood, marriage, adoption, or formal foster
relationship;
Involves the care of persons who need nonroutine support services
and oversight in order to reasonably function, because of physical
illness or infirmity, old age, physical disability, mental illness,
mental disability, or emotional disability, but that is not a criminal
treatment center;
Involves persons residing in a family-like residential environment;
and
Operates under an applicable license or certification from an
appropriate state or county agency.
MOBILE HOME PARKA track of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
MULTIFAMILY DWELLING (APARTMENT BUILDING)A freestanding residential building of three or more dwelling units, with common walls and floors, constructed on one lot. The dwelling units shall be solely accessed from interior hallways or lobbies, except for balconies or patios shall be allowed as secondary accesses. The dwellings shall have a minimum size of 750 square feet. The yard area or open space upon the lot shall be available for the common use of all the dwelling units.
MULTIPLEXThree or more dwelling units on one lot, attached side by side, back to back, top to bottom, or side to back, so that at least two intersecting exterior walls of each unit remain unattached. Each dwelling unit shall have one or more common walls with at least one other dwelling unit. There shall be yard areas or private open space on at least two intersecting exterior sides of each dwelling unit and on all sides of the building containing all of the dwelling units.
Intent. The primary purpose of this use is to provide alternative
zoning standards that will allow and encourage preservation of significant
amounts and types of open space and historic resources in the more
rural areas of the Township while permitting residential development
in the form of small, compact neighborhoods of single-family detached
homes in an open space setting. Specific objectives are as follows:
Preserve and protect open space and historic resources, including
areas containing attractive and/or environmentally significant natural
features, such as woodlands, steep slopes, streams, floodplains, and
wetlands, by setting them aside from development.
Locate and design residential neighborhoods to preserve scenic
views and elements of rural character, allow direct access to open
space, provide privacy and neighborhood identity, and reduce the perceived
intensity of development by minimizing views of new development from
existing roads.
Provide greater design flexibility and efficiency in the siting
of services and infrastructure by reducing the length of roads, utility
runs, and the amount of paving required for residential development.
Create new woodlands through natural succession and reforestation
where appropriate; encourage the preservation and improvement of habitat
for various forms of wildlife; and reduce erosion and sedimentation
by retaining existing vegetation and minimizing development on steep
slopes.
Implement the objectives of the Township's Comprehensive Plan
and Park and Recreation Plan by providing open space for active or
passive recreation for use by residents of these developments.
Eligibility criteria. Subdivisions may be developed under the
OSR Use in the R-1 and R-2 Districts only, when authorized by the
Board of Supervisors as a conditional use. Land within these districts
must meet the following eligibility requirements, as well as the conditional
use application procedures outlined in this chapter.
Minimum net tract area: 10 acres.
Minimum required open space: 50% of the site shall be suitable
for open space and shall be permanently set aside as open space.
Sewer and water. Public sanitary sewers and public water shall
serve the site or other centralized facilities, acceptable to the
Board of Supervisors, shall be used, subject to the approval of the
DEP and the Montgomery County Health Department.
Ownership. The site to be developed shall be in single ownership
or shall be the subject of an application filed jointly by all owners
of all tracts, who shall stipulate that all tracts will be developed
in accordance with a unified, approved plan.
Dwelling type. Single-family detached houses only.
Site plan requirements. The initial application shall include a site plan meeting the requirements of Chapter 123, Subdivision and Development of Land, for preliminary plans. The required site plan shall also demonstrate compliance with the provisions and intent of this use, other applicable standards of this chapter, as well as with the open space residential design standards in Chapter 123, Subdivision and Development of Land. The site plan shall also include the following:
Developable area plan. A developable area plan shall identify those parts of the site that are developable and those that are not and it shall be used as the basis for determining the maximum numbers of lots or dwelling units permitted in compliance with the standards set forth within this use definition. Once the developable area is determined, a yield plan must be drawn under the standards found in Subsection G(4) below. The developable area plan shall delineate and identify the following features of the site which shall not be included in the developable area, drawn to preliminary plan accuracy, and shall also label the acreage of each identified feature.
Floodplains and floodplain boundaries (per elevation survey
or otherwise in accordance with the floodplain regulations set forth
in this chapter).
Jurisdictional wetlands and wetland boundaries (determined by
a qualified expert).
Water bodies.
Steep slopes, which are to be regulated in accordance with Steep
Slope Conservation District of this chapter.
Legal rights-of-way of streets within or bordering the site.
Portions of the site that are or were used for other purposes
that render those areas not developable (e.g., quarries, existing
development that will remain on the property).
Identification of scenic views onto the tract from surrounding
roads and public areas, as well as views of scenic features from within
the tract. Scenic views and roads are identified in the 1995 Lower
Providence Open Space Preservation Plan.
Brief descriptions of the historic character of buildings and
structures, if applicable.
All residential lots shall be grouped and designed according to the open space residential design provisions of Chapter 123, Subdivision and Development of Land, of the Township Code.
Site capacity and bonus provision for OSR development. The number
of lots permitted under the OSR Development Use shall be equal the
number of residential lots permitted under the yield plan, as well
as any possible use of bonus provisions.
A yield plan, showing the maximum number of lots that could be developed in accordance with the underlying zoning district(s), shall be prepared for the site proposed for subdivision. This yield plan shall be drawn on a copy of the developable area plan and shall be equivalent to a preliminary plan submitted under Chapter 123, Subdivision and Development of Land, of the Township Code for regular subdivision approval; shall meet all requirements of the underlying zoning district(s), the net lot area calculation, and all other applicable standards of Chapter 123, Subdivision and Development of Land, and this chapter; and must be deemed acceptable to the Lower Providence Township Board of Supervisors, in consultation with the Township Engineer.
The number of residential lots permitted under the yield plan
shall be multiplied by 1.2 and rounded up to the next whole number
for all sites between 10 acres and 19.99 acres in order to determine
the number of lots permitted under this use.
If the site size is 20 acres or over, the number of residential
lots permitted under the yield plan shall be multiplied by 1.1 and
rounded up to the next whole number in order to determine the number
of lots permitted under this use.
The original number of residential lots permitted under the
yield plan may be multiplied by 1.2 and rounded up to the next whole
number if an applicant should provide significant assistance to Lower
Providence Township for regional transportation improvements listed
in the Act 209 Transportation Study of Lower Providence Township.
Such assistance will be above and beyond that which is currently required
by the Township Transportation Impact Fee Ordinance.
When a site has both the R-1 and R-2 Districts as underlying
zoning designations according to the Zoning Map of the Township, the
yield plan must be designed to the requirements of the underlying
zoning for each zone. The yield shall be the cumulative total yield
as determined for each of the underlying districts.
Compliance with the standards of these cluster subdivision provisions
does not guarantee that the maximum number of dwelling units will
be achievable in all cases. The applicant's ability to develop the
maximum number may be reduced as a result of the applicant's choices
of dwelling styles, building and/or lot sizes, natural constraints
of the development site, or other factors.
OSR dimensional standards. Dimensional standards for single-family
detached dwellings shall be as follows:
R-1 District
|
R-2 District
| |
---|---|---|
Minimum tract size (gross acres)
|
10 acres
|
10 acres
|
Minimum common open space
|
50%
|
50%
|
Minimum net lot size
|
15,000 square feet
|
10,000 square feet
|
Minimum lot width
|
90 feet
|
75 feet
|
Minimum front yard
|
25 feet
|
25 feet
|
Minimum side yard - each side
|
15 feet
|
15 feet
|
Minimum rear yard
|
40 feet
|
40 feet
|
Maximum building coverage (percent of lot area)
|
20%
|
25%
|
Maximum impervious surface coverage (percent of lot area)
|
35%
|
40%
|
Maximum building height
|
35 feet
|
35 feet
|
Open space residential design standards. All residential lots shall be grouped and designed according to the open space residential design provisions of Chapter 123, Subdivision and Development of Land, of the Township Code.
Estate lots. An "estate lot" is a large, privately owned lot
containing all or part of the open space required as a part of the
OSR Use and an existing dwelling unit or structure of historic significance.
The purpose of the estate lot is to provide surrounding residents
with visual access to open space 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. Any proposed
estate lot within an OSR development must adhere to the following
standards:
The proposed estate lot within the OSR site must contain a principal
historic structure identified or determined as such by one or more
of the following: the Township's Comprehensive Plan, the Township
Board of Supervisors as a structure of local or regional significance
and/or character, a listing on the National Register of Historic Places,
or being built before 1940.
Each estate lot shall be have a minimum lot size of two acres. Only a maximum of one acre of the estate lot may be developed. Such development shall only consist of a new dwelling unit, if one does not already exist upon the lot and/or accessory uses for the dwelling unit on the lot. The remainder of the estate lot must remain undeveloped in accordance with the open space standards set forth in Subsection G(8) below and may be used to meet the open space requirement of this use. This developable area must contain the historic structure.
The historic structure on the estate lot must be preserved.
If the historic structure on the estate lot is not a dwelling,
the one-acre developable area of the estate lot that may be developed
with a new single-family detached dwelling unit under the cluster
standards for one additional lot and all related accessory buildings
and structures, paved areas, lawns, and gardens, etc.
A declaration of covenants, easements, conditions, and restrictions
shall be place upon each estate lot requiring the preservation and
future maintenance of the historic structure and open space areas
and prohibiting the further subdivision of this lot.
Any dwellings on estate lots shall not be counted toward the
maximum density permitted on a site.
New dwellings on estate lots shall be sited in accordance with the open space standards set forth in Subsection G(8) below. Specifically, dwellings shall not encroach on environmentally sensitive areas and should not infringe upon scenic views from exterior roads or from other housing units.
Every estate lot must abut other open space within the development,
if any.
Open space standards. The portion of the site that is required
to be set aside as open space shall meet the following standards:
Permitted uses. The following uses are permitted in the open
space areas:
Conservation of open land in its natural state (including woodland,
fallow field, or managed meadow).
Passive recreation, including but not limited to trails, picnic
areas, community gardens, and lawn areas.
Active recreation, as may be approved by the Board of Supervisors.
Municipal water and sewer facilities, if placed underground.
New easements for drainage, access, utilities, and other public
purposes.
Stormwater management facilities for the proposed development
or for a larger area in compliance with a watershed stormwater management
plan (adopted in accordance with Act 167); provided, however, that
such stormwater management facilities, in total, shall not occupy
more than 1/3 of the required open space and are either underground
or naturalized.
Prohibited activities. The following activities are prohibited
in open space areas:
The use of motor vehicles, except within approved driveways
and parking areas. Maintenance, law enforcement, and emergency vehicles
are permitted, as needed.
The cutting of healthy trees; regrading; topsoil removal; or
altering, diverting, or modifying water courses or bodies, except
in compliance with a land management plan that conforms with the customary
standards of forestry, erosion control, and engineering, as determined
by the Board of Supervisors.
Location and design. Open space areas shall be located and designed
in accordance with the following standards:
Open space buffer. All open space areas shall meet the following
additional setback requirements:
From the ultimate rights-of-way of feeder or higher classification
external roads: 100 feet.
From all tract boundaries: 50 feet.
From active recreation areas such as courts or playing fields:
50 feet. (Buffer only applies if active recreation facilities are
dedicated to the Township as a public park.)
Open space siting and design. All open space areas shall meet
the following requirements:
All open space areas along roads shall be landscaped according to the OSR standards of Chapter 123, Subdivision and Development of Land, in order to preserve scenic views and integrate the neighborhood into the surrounding landscape unless, existing vegetation is present and deemed to be suitable by the Board of Supervisors.
Comply conceptually with the recommendations of the Lower Providence
Township Recreation Plan, where specified.
Maximize common boundaries with open space areas on adjacent
tracts.
Provide safe and efficient pedestrian and maintenance access.
If individual lots do not have direct access to common open space,
then at least one centrally located access point per neighborhood
shall be provided with a minimum width of 25 feet.
Ownership and maintenance. Open space and appurtenant facilities
shall be owned and maintained according to the following provisions:
The open space and appurtenant facilities shall be owned by
one or more of the following organizations, as approved by the Board
of Supervisors:
Fee-simple dedication to the Township, although the Township
need not accept the offer of dedication.
A condominium association.
A homeowners' association.
A private conservation organization.
Private ownership with the recordation of restrictive covenants
and easements to the benefit of the Township and/or the County.
Unless otherwise agreed to by the Township, the cost and responsibility
of maintaining open space and appurtenant facilities shall be borne
by the owner of this property and/or facilities. If the facilities
are not properly maintained by the owner, the Township may assume
responsibility of maintenance and charge the owner a fee which covers
maintenance costs, administrative costs, and penalties.
SINGLE-FAMILY, ATTACHEDA freestanding residential building containing more than one dwelling unit which may or may not have common walls or floors and is constructed on one lot or adjacent lots; with each dwelling unit having direct entrance from the outside and having yard or private open space assigned for the exclusive use of the occupants of the dwelling unit located immediately adjacent to the unit. Duplexes, multiplexes, townhouses, and twins are all types of single-family attached uses.
SINGLE-FAMILY, DETACHEDA freestanding residential building containing only one dwelling unit constructed on one lot and having yard area on all sides of the dwelling unit. Mobile, manufactured, and modular homes can be constructed/erected/installed on a lot as a single-family detached dwelling so long as all of the applicable regulations for such a dwelling are met.
TOWNHOUSEThree or more dwelling units on one lot or adjacent lots, attached side by side so that each unit has one or two common walls and at least two exterior walls, and with yard area or private open space on at least two sides of each dwelling unit and on three sides of the end units of each building. Each unit shall have its own, separate outside entrance. No side yard setback is required from the common property boundary between individual dwelling units within the same building.
TWINTwo dwelling units on two adjacent lots, attached side by side, having one common wall, with yard area on at least three sides of each dwelling unit and on all sides of the building containing the two dwelling units. No side yard setback is required from the common property boundary between individual dwelling units within the same building.
The following are specific types of utility and governmental
uses:
AIRPORTAn area of land or water which is designated, used or intended to be used for the landing and takeoff of motorized aircraft weighing more than 250 pounds each, and any related aircraft support facilities such as for maintenance, refueling, and parking. This use is not intended to regulate the nonroutine emergency landing and takeoff of aircraft to pick up seriously injured or ill persons. There are two types of airports:
PRIVATE AIRPORTAn airport limited to a maximum total of 15 flights and/or take-offs in any seven-day period and that is not available for use by the general public.
PUBLIC AIRPORTAn airport that does not meet the definition of a "private airport."
BUS PASSENGER STATIONA location providing public access for the boarding or deboarding of passengers on an interstate multipassenger bus or similar vehicle. Also includes ticketing, fueling, maintenance, and parking facilities; and accessory restaurant and bar uses.
ELECTRIC GENERATIONThe production of electricity for distribution within a plant which has received all required state approvals.
ELECTRIC SUBSTATIONAn assemblage of equipment for transforming electric power rather than for its generation or utilization.
EMERGENCY SERVICES STATIONA building for the housing of fire, emergency medical, and/or police equipment and for related activities. A private recreation use may be included as an accessory use, if it is a permitted use in that zoning district. This use may include temporary housing for emergency personnel while on-call.
GOVERNMENTAL OFFICEOffices housing municipal, state, or federal governmental entities, or the office of an elected governmental official.
HELIPORTAn area of land or water or a surface of a building which is specifically designated, used, or intended to be used for the landing and takeoff of helicopters, and any related aircraft support facilities such as for maintenance, refueling, and parking. This use is not intended to regulate the nonroutine emergency landing and takeoff of aircraft to pick up seriously injured or ill persons. There are two types of heliports:
PRIVATE HELIPORTA heliport limited to a maximum total of 10 flights or takeoffs in any seven-day period and that is not available for use by the general public.
PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport."
MUNICIPAL USEMunicipal uses and buildings owned and/or operated by Lower Providence Township, including, but not limited to, administration buildings, police stations, recreational uses and buildings, libraries, water supply facilities, municipal communications facilities, wastewater facilities, road maintenance and equipment facilities, temporary and permanent municipal uses, community centers, community events, and other municipal structures.
PUBLIC UTILITYA company regulated by the Pennsylvania Public Utility Commission. Cellular communications companies and other companies not defined as a public utility by the Pennsylvania Public Utility Commission shall not be considered a public utility.
RAILWAY PASSENGER STATIONA location providing public access for the boarding or deboarding of passengers on a commuter or interstate passenger train or similar vehicle that operates upon rails. Also includes ticketing facilities and accessory restaurant and bar uses.