Township of Uwchlan, PA Article 3 Definitions

[Amended 2-27-1995 by Ord. No. 95-04; 4-8-1996 by Ord. No. 96-04; 9-8-1997 by Ord. No. 97-07; 9-8-1997 by Ord. No. 97-15; 10-14-1997 by Ord. No. 97-16; 10-14-1997 by Ord. No. 97-10; 5-11-1998 by Ord. No. 98-07; 9-14-1998 by Ord. No. 98-14; 4-26-1999 by Ord. No. 99-08; 1-24-2000 by Ord. No. 2000-01; 3-27-2002 by Ord. No. 2000-02; 11-13-2000 by Ord. No. 2000-14; 10-9-2001 by Ord. No. 2001-16; 9-25-2006 by Ord. No. 2006-06]

§ 301 Application and interpretation.

For the purpose of this ordinance, certain terms, phrases, and words are defined as follows:

301.1 Tense, gender, and number. Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter; the singular number includes the plural, and the plural the singular.

301.2 General terms. The word "shall" or "must" is always mandatory; the word "may" is permissive; the words "used for" includes "designed for," "arranged for," "intended for," "maintained for," or "occupied for." The word "building" includes "structure" and shall be construed as if followed by the phrase "or part thereof." The word "person" includes "individual," "profit or nonprofit organization," "partnership," "company," "unincorporated association," "corporation" or other similar entities.

301.3 Terms, phrases, and words not defined. When terms, phrases, or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.

301.4 Specific terms. Terms or words herein, unless otherwise expressly stated, shall have the following meanings:

ACCESSORY BUILDINGS AND STRUCTURE

A subordinate building or structure, the use of which is customarily incidental to and located on the same lot occupied by the principal building.

ACCESSORY USE

A use directly related and subordinate to and located on the same lot occupied by the principal use to which it relates. In no event shall the sale of any item(s) nor the conducting of any service(s) be considered an accessory use if such sales or services are not directly related to the principal use and if such sales or services constitutes in excess of 20% of the establishment's total income. Also, the area that the accessory use(s) utilize shall be not more than 25% of the portion of the lot currently being utilized for the conducting of the principal use. For example, if a person owns 10 acres but is only using one acre of that for conducting his sales or services, the area allowed for accessory use(s) shall be 25% of that one acre.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE

A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

b. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its business purposes is the offering for sale or rental for consideration any one of the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and the said business purpose(s) involves more than 15 square feet of floor area of the commercial establishment or property.

ADULT CABARET

A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

a. Persons who appear in a state of nudity or seminudity; or

b. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

c. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTION PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown to more than five persons, or in a room containing more than five patron seats per projector and which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

ADVERTISING SIGNS

See "sign, advertising."

AGE-RESTRICTED APARTMENT UNIT

A dwelling unit for rental at current market rates intended for occupancy by senior citizens with a minimum age of 62 years old. All residents must be 62 years of age or older.

[Added 9-14-2009 by Ord. No. 2009-03]

AGRICULTURE

The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry, and animal husbandry.

AGRICULTURE (INTENSIVE)

Specialized agricultural activities, including, but not limited to, mushroom production, poultry production, and dry lot livestock production, which due to the intensity of production, necessitate development of specialized sanitary facilities and controls.

ALTERATION

Any change or rearrangement in the structural parts or in the existing facilities of a building or structure, or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such building from one location or position to another.

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined herein.

[Added 10-14-2014 by Ord. No. 2014-03]

APARTMENT HOUSE

See "building, multifamily."

AREA

The quantity of land projected on a horizontal plane enclosed by the boundaries or extremities of a lot, parcel, tract, etc.

ATTACHED BUILDING

See "building, attached."

ATTACHED GARDEN LOT DEVELOPMENT

See "single-family garden lot development."

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing.

BASEMENT

A story that is not a story above the grade plane per the Building Code.

[Amended 12-9-2013 by Ord. No. 2013-06]

BILLBOARD

See "sign."

BLOCK

A tract of land or two or more contiguous lots bounded by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Township, unsubdivided land, or by any combination of the above.

BLOCK OR LOT FRONTAGE

That portion of a block or lot which fronts on a single street.

BOARDING HOUSE

See "rooming house."

[1]

BOARD OF SUPERVISORS or GOVERNING BODY

The Board of Supervisors of Uwchlan Township, Chester County, Pennsylvania.

[Added 12-9-2013 by Ord. No. 2013-06]

BUILDING

Any combination of materials forming any structure which is erected on the ground and permanently affixed thereto, designed, intended, or arranged for the housing, shelter, enclosure, or structural support of persons, animals, or property of any kind. The following dwelling unit types are depicted at the end of this article:

[Amended 12-9-2013 by Ord. No. 2013-06]

a. SINGLE-FAMILY A building arranged, designed, or intended for and occupied exclusively by one family.

b. TWO-FAMILY A building arranged, designed, and intended for occupancy by two families living independently of each other and doing their own cooking therein.

c. MULTIFAMILY A building arranged, designed, and intended for occupancy by three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats, garden apartments, and group houses.

d. LOW-RISE APARTMENT A detached multifamily building three to five stories in height with access to all dwelling units from one or more common entranceways and which has a common hallway for all dwelling units on the same floor.

BUILDING AREA

The maximum horizontal cross-sectional area.

BUILDING, ATTACHED

A building which has two or more walls or portions thereof in common with an adjacent building.

BUILDING COVERAGE

The percentage which when multiplied by the lot area will determine the permitted building area for all roofed structures and buildings.

BUILDING, DETACHED

A building which has no parts or walls in common with an adjacent building.

BUILDING LENGTH

The longest horizontal distance of any building measured from exterior face to exterior face of walls.

BUILDING LINE or BUILDING SETBACK LINE

A line established by the required front yard, defining the minimum distance between any building or structure or portion thereof to be erected or altered, and an adjacent right-of-way, street line or lot line. Such line shall be measured at right angles from the street right-of-way line and shall be parallel to said right-of-way line.

BUILDING PERMIT

An approval statement signed by the Building Code Officer, indicating compliance with the Uwchlan Township Zoning Ordinance and any other ordinances or regulations, authorizing the construction, alteration, reconstruction, restoration, demolition or razing of all or a part of any building or structure within the Township.

[Added 12-9-2013 by Ord. No. 2013-06]

BUILDING, SEMIDETACHED

A building which has one wall or portion thereof in common with an adjacent building.

BUILDING, SINGLE-FAMILY GARDEN

A detached dwelling situated on a single-family garden lot in a single-family garden lot development.

BULK

A term used to describe the size, volume, area, or shape of buildings or other structures and their physical relationship to each other, to open space, or to tracts of land, to lot lines, or to other buildings or structures.

CARPORT

A roofed-over structure open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.

CERTIFICATE OF USE AND OCCUPANCY

A statement, based on an inspection, signed by the Zoning Administrative Officer, setting forth that a building, structure, sign, and/or land complies with the Zoning Ordinance, and/or that a building, structure, sign, and/or land may be lawfully employed for specific uses, or both, as set forth therein.

CHURCH

A building utilized for public divine worship. The term "church" shall also include temple, synagogue, mosque, and other similar places of worship.

CLEAR-CUTTING

Except for the removal of trees related to development approved by a building permit or other Township approval, the removal of all trees greater than 12 inches diameter at breast height (dbh) on a lot, or any portion thereof greater than 1/2 acre in contiguous area, during a single tree removal operation or within three years of a previous tree removal operation on the same lot.

[Added 12-9-2013 by Ord. No. 2013-06]

COLOCATION

The placement or installation of a new wireless communication facility on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of a wireless communication facility if approved by the Township. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.

[Added 10-14-2014 by Ord. No. 2014-03]

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of the public or of residents of the development.

In the calculation of the area or proportion of a development site devoted to common open space, the following shall not be included:
	a.	Areas within any lot, yard, or required setback;
	b.	Areas within any public or private street or street right-of-way, sidewalk, driveway, parking area, or utility easement;
	c.	Areas or portions thereof less than 50 feet in width, unless part of a trail corridor or required buffer; [Amended 12-9-2013 by Ord. No. 2013-06]
	d.	Following exclusion of all areas not to be included as common open space and described in Subsection a through c above, contiguous areas less than 1/4 acre in area, unless acceptable and approved by the Township. [Amended 12-9-2013 by Ord. No. 2013-06]
The common open space within a development site shall be designed and arranged so as to be conveniently accessible to all residences and all areas thereof shall be interconnected by a means of pedestrian access and circulation acceptable to the Board.
Common open space shall be free of structures other than those approved by the Board consistent with the provision of active and passive recreational opportunities together with vehicular access and parking as required in connection therewith. Only those stormwater management facilities designed so as to be consistent with the active or passive recreational purposes of the open space may be constructed within required common open space.
Common open space shall be the subject of recorded encumbrances in form and substance satisfactory to the Township Solicitor and sufficient to ensure that the purposes and restrictions with respect thereto are maintained in perpetuity which governing documents shall be recorded with the Recorder of Deeds in and for the County of Chester prior to the first issuance of a building permit or the conveyances of a lot with respect to lands or buildings within the development and adjacent thereto.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

COMPREHENSIVE PLAN

A long-range policy plan intended to guide the growth and development of the Township, adopted as the current Uwchlan Township Comprehensive Plan Update by the Board of Supervisors, as amended.

[Amended 12-9-2013 by Ord. No. 2013-06]

CONDITIONAL USE

A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this ordinance are present. Conditional uses are allowed or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission.

CULTURAL FACILITIES

Establishments, such as museums, art galleries and botanical and zoological gardens, of an historic, educational or cultural interest which are not operated commercially.

[Added 12-9-2013 by Ord. No. 2013-06]

CULTURAL STUDIO

A building or portion of a building used as a place of work by an artist, photographer, artisan, musician, dancer, etc.

[Added 12-9-2013 by Ord. No. 2013-06]

DEMOLITION

The deterioration, dismantling or tearing down of all or part of the structural elements or exterior parts of a building or structure, including but not limited to foundations, load-bearing posts, beams and walls, siding, masonry, roofing, trim, doors and windows.

[Added 12-9-2013 by Ord. No. 2013-06]

DEMOLITION BY NEGLECT

The absence of routine maintenance and repair which leads to structural weakness, decay or deterioration in a building or structure or its architectural features or elements, leaving a structure open or vulnerable to vandalism or to intrusion of the elements, flora or fauna.

[Added 12-9-2013 by Ord. No. 2013-06]

DENSITY

The total number of dwelling units per acre, computed by dividing the total number of dwelling units proposed by the total number of acres to be developed. When computing density, the area of existing street right-of-way shall not be included in the total number of acres to be developed.

DETACHED BUILDING

See "building, detached."

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

DIAMETER AT BREAST HEIGHT (DBH)

The outside bark diameter of a tree at breast height, which is defined as 4.5 feet above the ground surface at the point of the highest elevation in contact with the trunk of the tree.

[Added 12-9-2013 by Ord. No. 2013-06]

DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.[2]

[Added 2-13-2017 by Ord. No. 2017-02]

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 10-14-2014 by Ord. No. 2014-03]

DISTRICT

A portion of the Township, within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this Zoning Ordinance.

DIVINATION PARLOR

Any establishment providing fortune-telling for consideration. Fortune-telling includes the prediction by any means of what are claimed to be future events or influences on the life of another, including but not limited to astrology and horoscopes, augury, phrenology, card reading, including Tarot, and palmistry.

DRIP LINE

A generally circular line, the circumference of which is determined by the outer reaches of a tree’s widest branching points.

[Added 12-9-2013 by Ord. No. 2013-06]

DRIVE-IN ESTABLISHMENT

A place of business so laid out that patrons can be accommodated while remaining in their automobile.

DWELLING UNIT

A building or portion thereof providing one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, and having no cooking or sanitary facilities in common with any other dwelling unit.

EDUCATIONAL USE

Land or building specifically designed, arranged, and intended for the purpose of education. Only the following types of schools shall be permitted: preschool, elementary and secondary schools, either public or private; colleges, universities and junior colleges, and vocational schools; excluding earth moving, trucking, heavy equipment, police or fire schools, and related uses.

[Amended 12-9-2013 by Ord. No. 2013-06]

ELECTRIC SUBSTATION

Buildings or structures and equipment erected and used for the purpose of transmission, switching or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews.

EMPLOYEE OF A SEXUALLY ORIENTED BUSINESS

A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premise, or for the delivery of goods to the premises.

[Amended 10-22-2009 by Ord. No. 2009-04

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY

A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage. The structure is substantially impermeable to the passage of water.

ESTABLISHMENT

Includes any of the following:

a. The opening or commencement of any sexually oriented business as a new business; or

b. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

c. The addition of any sexually oriented business to any other existing sexually oriented business; or

d. The relocation of any sexually oriented business.

FAMILY

One or more persons, related by blood, marriage, or adoption, living together as a single housekeeping unit and using cooking facilities and certain rooms in common; or not more than three unrelated persons living together as a single housekeeping unit and using cooking facilities and certain rooms in common.

FCC

Federal Communications Commission.

[Added 10-14-2014 by Ord. No. 2014-03]

FLOOD

A temporary condition of partial or complete inundation of land areas from precipitation or the overflow of streams, rivers, and other waters of the commonwealth.

[Amended 12-9-2013 by Ord. No. 2013-06]

FLOODPLAIN

The low area adjoining and including any water or drainage course or body of water subject to periodic flooding or overflow. The limits of a floodplain shall be those areas identified in the current Flood Insurance Study (FIS) and accompanying maps prepared by the Federal Emergency Management Agency (FEMA), including all digital data developed as part of the FIS. In the absence of such maps, the floodplain shall be determined through the mapping of alluvial soils as determined by the current United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) soil survey.

[Amended 12-9-2013 by Ord. No. 2013-06]

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the one-hundred-year flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and FIS provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the center line of the stream and to 50 feet beyond the top of the bank of the stream on both sides.

[Amended 12-9-2013 by Ord. No. 2013-06]

FLOOR AREA or GROSS FLOOR AREA

The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating buildings. In particular, the floor area of a building or buildings shall include:

a. Basement space.

b. All spaces other than basement space with structural headroom of seven feet six inches or more.

c. Interior balconies and mezzanines.

d. Enclosed or roofed porches or terraces or other roofed spaces.

e. Attic spaces (with or without a finished floor) providing structural headroom of seven feet six inches or more is available over 50% of such attic space.

f. Accessory buildings.

However, the "floor area" shall not include:
	a.	Elevator shafts, stairwells, bulkheads, accessory water tanks or cooling towers.
	b.	Terraces, breezeways, uncovered steps, or open space.

GARAGE, PRIVATE

An accessory building or part of a principal building used for the storage of motor vehicles owned and used solely by the owner or tenant of the premises.

[Amended 12-9-2013 by Ord. No. 2013-06]

GARAGE, PUBLIC

A building other than a private garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.

GARDEN APARTMENT/LOW-RISE APARTMENT

A multifamily building, not exceeding three stories in height, containing three or more separate dwelling units in which no more than six dwelling units have common hallways and entrances.

[Amended 9-14-2009 by Ord. No. 2009-03]

GASOLINE SERVICE STATION

A structure, building, or area of land or any portion thereof that is used for the sale of gasoline or any other motor vehicle fuel and oil and/or other lubricating substances, which may or may not include facilities for lubricating, washing, sale of accessories, and otherwise servicing motor vehicles, but not including the painting and/or body work thereof or the sale of new or used automobiles. Any business or industry dispensing gasoline only for its own use and vehicles will not be deemed to be a gasoline service station.

GOVERNING BODY

The Board of Supervisors of Uwchlan Township, Chester County, Pennsylvania.

GRADE

The arithmetic mean of the maximum and minimum finished ground elevation adjoining the buildings.

GRADE PLANE

A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.

[Added 12-9-2013 by Ord. No. 2013-06]

GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.[3]

[Added 2-13-2017 by Ord. No. 2017-02]

GUEST HOUSE

An accessory single-family dwelling on a lot available for short-term rental.

[Added 12-9-2013 by Ord. No. 2013-06]

HEDGEROW

A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines or property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak).

[Added 12-9-2013 by Ord. No. 2013-06]

HEIGHT OF BUILDING

The building's vertical measurement from the grade plane of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevators, tanks, and similar projections shall not be included in calculating the height.

[Amended 12-9-2013 by Ord. No. 2013-06]

HEIGHT OF SIGNS OR OTHER STRUCTURES

The vertical distance measured from the grade at the front of the structure or sign to its highest point. The highest point in the case of a sign shall include the supporting structure.

HELIPORT

An area to accommodate landings, takeoffs, and storage of rotary-wing aircraft (helicopters) with suitable space to allow development of service facilities.

HELISTOP

An area on a roof or on the ground to accommodate landings and takeoffs of rotary-wing aircraft (helicopters) for the purpose of picking up and discharging passengers or cargo. Such area shall have sufficient space to accommodate all required safety controls, but in no case shall service facilities be provided.

HISTORICAL COMMISSION

The Historical Commission of Uwchlan Township; an advisory body charged with overseeing the cataloguing of collections of historic Township records, documents, and memorabilia.

[Added 12-9-2013 by Ord. No. 2013-06]

HISTORIC PRESERVATION OVERLAY DISTRICT

A zoning district including historic resources which overlays the underlying zoning district.

[Added 12-9-2013 by Ord. No. 2013-06]

HISTORIC RESOURCE

Any structure that is shown on the Historic Resources Map and Inventory and defined within § 612.3 herein.

[Added 12-9-2013 by Ord. No. 2013-06]

HISTORIC RESOURCES MAP AND INVENTORY

A map and list adopted as part of this ordinance and the Comprehensive Plan, showing historic resources and their respective classifications and descriptions.[4]

[Added 12-9-2013 by Ord. No. 2013-06[5]]

HOME OCCUPATION, MINOR

Any lawful occupation conducted in a single-family building by the occupant as an incidental use conforming to the standards of §§ 602 and 602.1. The shall be no exterior evidence of the home occupation except the permitted sign.

HOME OCCUPATION, MAJOR

Any lawful occupation conducted in a single-family detached building and permitted accessory structures by the occupant of the building as an incidental use as defined in § 602.2.c. and e and conforming to the standards of §§ 602, 602.1 and 602.2. There shall be no exterior evidence of the home occupation except the permitted sign.

HOMEOWNERS’ ASSOCIATION

A nonprofit organization of homeowners or property owners, planned and operated under Township-approved rules and regulations, for the purpose of administering to the needs of residents or property owners through the maintenance of commonly owned property such as open space and stormwater management facilities.

[Added 12-9-2013 by Ord. No. 2013-06]

HOSPITAL

Unless otherwise specified, the term "hospital" shall be deemed to include clinic, retirement home, nursing home, convalescent home, and any other place for the diagnosis, treatment, or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment, or other care of human ailments.

[Amended 12-9-2013 by Ord. No. 2013-06]

HOTEL

A building or group of buildings containing individual rooms for rental, primarily for transients, with common hallways for all rooms on the same floor.

HYDRIC SOILS

Any soil inventoried or described as hydric or as a soil with hydric inclusions according to the current United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) soil survey.

[Added 12-9-2013 by Ord. No. 2013-06]

IDENTIFIED FLOODPLAIN AREA

The floodplain area specifically identified in this ordinance as being inundated by the one-hundred-year flood.

IMPERVIOUS COVERAGE

The percentage of lot area covered by any and all impervious surfaces.

[Amended 12-9-2013 by Ord. No. 2013-06]

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so that it prevents or is resistant to infiltration of water, including but not limited to structures such as roofs, buildings and storage sheds; other solid, paved or concrete areas such as streets, driveways, sidewalks, parking lots, patios, paver areas, swimming pools (including the water surface) and tennis or other paved courts; or athletic playfields comprised of synthetic turf materials. For the purposes of determining compliance with this ordinance, compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Surfaces that were designed to allow infiltration (i.e., areas of porous pavement) will be considered on a case-by-case basis by the Township, based on appropriate documentation and condition of the material.

[Added 12-9-2013 by Ord. No. 2013-06]

INN

A commercial facility for the housing and feeding of guests.

[Added 12-9-2013 by Ord. No. 2013-06]

JUNKYARD

A lot, land, or structure, or parts thereof used for the collection, storage, dismantling, salvage or sale of used and discarded materials, including, but not limited to, wastepaper, rags, scrap metal, or other scrap, salvage, or discarded material, vehicles or machinery. The deposit or storage of two or more unlicenced, uninspected, wrecked, or disabled vehicles shall be deemed to be a junkyard.

KENNEL

The use of land, buildings and/or structures for the purpose of trading, breeding, boarding, training or grooming customary household pets for compensation, or the possession or maintenance of six or more dogs that are more than six months old for any reason, on a single lot or contiguous lots under single ownership or lease.

[Added 12-9-2013 by Ord. No. 2013-06]

LABORATORY

A building or group of buildings in which are located the facilities for scientific research, investigation, testing, and experimentation, but not including the manufacture of products for sale.

LAND DEVELOPMENT

Any of the following activities:

a. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

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

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

b. A subdivision of land.

LIGHTING

The illumination required for commercial, industrial, or multifamily uses, through the use of high pressure sodium lighting fixtures unless otherwise approved by the Township.

a. DIFFUSED That form of lighting wherein the light passes from the source through a translucent cover or shade.

b. DIRECT or FLOOD That form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.

c. INDIRECT That form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.

LOADING SPACE

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.

LODGING HOUSE

See "rooming house."

LOT

A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures, and accessory buildings, including such open spaces as are arranged, designed, required, which is intended for transfer of ownership, use, lease, improvement or for development, regardless of how it is conveyed. The term "lot" shall also mean parcel, plot, site, or any similar term.

LOT AREA

That portion of a lot or parcel of land within all bounding property lines on which a building or building and any accessory building or buildings are or may be located. The term "lot area" when used herein in the determination or calculation of permitted development or its intensity, shall include required yard and setback areas (except when and to the extent they are also included in 1 through 4 below), but shall not include:

a. Steeply sloped areas more than 1,000 square feet in area and having a slope in excess of 15% measured over three or more two-foot contour lines established by field survey.

b. Floodplains as defined in § 510.3.a hereof or wetlands as determined by the criteria promulgated from time to time by the United States Army Corps of Engineers.

c. In the case of flag lots only, portions of the lot which are not of the required width.

d. Existing street rights-of-way.

[Amended 12-9-2013 by Ord. No. 2013-06]

e. Stormwater management basins, except basins and berms serving only the individual lot on which they are located.

The terms "lot size," "square footage" and similar terms used in the Zoning Ordinance in the above referenced zoning districts to describe the minimum land area required for a lot shall have the same meaning as "lot area."

LOT, CORNER

The lot at the junction of and abutting on two or more intersecting streets, or at the point of abrupt change in direction of a single street, the interior angle of which is not greater than 135°.

LOT, INTERIOR

A lot (e.g., flag lot) which does not adjoin a street but is connected thereto by an access strip of required minimum width. Minimum lot area and other dimensional requirements shall be those of the applicable zoning district. [Note: No more than two contiguous interior lots shall be formed. The creation of such lots shall be minimized and limited to those circumstances dictated by the configuration of the site; in general, interior lots shall not be considered an acceptable site design alternative to the creation of an interior residential street. Also, in no case will more than one tier of interior lots be permitted behind those lots whose entire or substantially entire lot width fronts on a street.]

[Amended 12-9-2013 by Ord. No. 2013-06]

LOT LINE

Any line dividing one lot from another.

LOT, REVERSE FRONTAGE

A lot having frontage on two parallel or nearly parallel streets. A minimum setback of 75 feet shall be provided from the rear lot line or rear road right-of-way line to the principal structure on the lot. Accessory buildings and structures shall have a setback from both road frontages equal to the normal front yard setback required for the district or approved for the subdivision. Only structures permitted under § 601.2 shall be placed in the required front yard setback area or reverse front yard setback for accessory structures.

LOT, THROUGH

An interior lot having frontage on two parallel or approximately parallel streets.

LOT WIDTH

The width measured at the building setback line between side lot lines and parallel to the front lot line but in no case shall the street frontage be less than 1/2 of the required lot width.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this ordinance.[6]

MASSAGE PARLOR

An establishment that meets all of the following criteria:

a. Manipulative exercises are performed using the hands and/or a mechanical or bathing device on a person(s) skin other than the face or neck by another person(s) in consideration of certain monetary compensation; and

b. The person conducting the manipulative exercises (massage) is not licensed as a health care professional or a licensed massage therapist by the Commonwealth of Pennsylvania or is related to the person receiving the massage by blood, adoption, marriage or court-ordered guardianship; and

c. The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor; and

d. The massages are conducted within private or semiprivate rooms; and

e. The use is not clearly a customary and incidental accessory use to a permitted exercise club or to a school or college athletic program.

MEDICAL MARIJUANA

Marijuana for certified medical use as set forth in the Medical Marijuana Act.[7]

[Added 2-13-2017 by Ord. No. 2017-02]

MEDICAL MARIJUANA ACT

Act 16 of 2016.[8]

[Added 2-13-2017 by Ord. No. 2017-02]

MICROWAVE ANTENNA

A ground based reflector antenna, together with its pedestal and any other attachments and parts thereof, commonly referred to as a dish shaped antenna, used or intended to receive radio or electromagnetic waves from an overhead satellite. This shall include all microwave receiving antennas. Wherever the word "dish" appears, it shall mean any microwave receiving antenna.

MID-RISE APARTMENT

A detached multifamily building three to five stories in height with access to all dwelling units from one or more common entrances and which has a common hallway for all the dwelling units on the same floor.

[Added 9-14-2009 by Ord. No. 2009-03]

MINOR REPAIR

The placement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK

A parcel 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.

MODIFICATION OR MODIFY

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

[Added 10-14-2014 by Ord. No. 2014-03]

MONOPOLE

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connecting appurtenances.

[Added 10-14-2014 by Ord. No. 2014-03]

MOTEL

A building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and a parking space, and offered principally for rental and use by motor vehicle travelers. The term "motel" includes, but is not limited to, auto courts, motor courts, motor inns, motor lodges, or roadside hotels.

MUNICIPALITIES PLANNING CODE (MPC)

The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. §§ 10101 et seq.

[Added 12-9-2013 by Ord. No. 2013-06]

MUNICIPALITY

The Township of Uwchlan, Chester County, Pennsylvania.

NATURAL CONDITION

In the context of a lot or lots, the condition of the lot or lots prior to development as determined by the plans of the required environmental impact assessment (EIA) report identifying the following: geological, topographical, soil, hydrological, biological, and land use conditions of the lot or lots.

[Added 12-9-2013 by Ord. No. 2013-06]

NEW CONSTRUCTION

Structures for which the start of the construction commenced on or after September 30, 1980, and includes any subsequent improvements thereto.

NONCONFORMING LOT

A lot, the area or dimension of which was lawful prior to the adoption or amendment of this Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE OR BUILDING

A structure or building, or part thereof, which does not conform to the applicable provisions or requirements of the district in which it is located, either at the time of enactment of this ordinance or as a result of subsequent amendments thereto, where such building or structure lawfully existed prior to the enactment of such ordinance or amendment.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this Zoning Ordinance or in any amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation. Provided, however, that no existing use shall be deemed nonconforming solely because of the existence of less than the required number of off-street parking spaces.

NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)

A nontower wireless communications facility, including, but not limited to, antennae and related equipment. Nontower WCF shall not include support structures for antennae and related equipment.

[Added 10-14-2014 by Ord. No. 2014-03]

NUDE MODEL STUDIO

Any place where a person who appears seminude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation or which is authorized to award a recognized academic or vocational certificate or accreditation; and where in order to participate in a class a student must enroll at least three days in advance of the class; or in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing.

NUDITY or A STATE OF NUDITY

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.

OBJECT

Man-made articles such as sculptures, monuments, boundary markers, statuary, and fountains, but not including trees and hedgerows.

[Added 12-9-2013 by Ord. No. 2013-06]

OLD FIELD

An area undergoing natural succession, characterized by the presence of shrubs and small trees (seedlings) whose branches do not form a complete or nearly complete aerial canopy.

[Added 12-9-2013 by Ord. No. 2013-06]

ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

OPEN SPACE

Unoccupied space open to the sky and on the same lot with the principal use.

OPEN SPACE MANAGEMENT PLAN

A plan which provides for the long-term management, over time, of private, public, or common open space, in accordance with § 617 of this ordinance.

[Added 12-9-2013 by Ord. No. 2013-06]

OPEN SPACE OPTION

A use in a residential use district, which may be a conditional use or a use by right, that may be granted to a landowner or developer which would enable said landowner or developer to subdivide a parcel of land into lots for building purposes which do not conform to the minimum requirements of the district, provided open space is included in the plan designed for passive or active recreational purposes.

[Amended 10-22-2009 by Ord. No. 2009-04]

PARKING LOT

An off-street hard surfaced area designed solely for the parking of motor vehicles, including driveways, passageways, and maneuvering space appurtenant thereto.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and measuring a minimum of 9.5 feet by 20 feet, exclusive of driveways, and passageway, and maneuvering space appurtenant thereto; except in the case where parked vehicles would abut a grass strip of at least four feet in width, in which case the parking space may be 9.5 feet by 18 feet. Up to 50% of the parking spaces shall be 10 feet wide if deemed necessary at the sole discretion of the Board.

[Amended 12-9-2013 by Ord. No. 2013-06]

PARTY WALL

A wall or an interior lot line used or adopted for joint services between two buildings.

PERMITTED USE

A use allowed by right in a particular zoning district as established by this ordinance.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

PLANNED LIFE CARE FACILITY

An institutional use designed, constructed and used to accommodate the housing and life care needs of seniors with a minimum age of 62. The use shall include: a) assisted living units designed for seniors whose physical condition requires assistance with daily living tasks and/or who are in need of memory support or similar cognitive-assistance services; and b) independent living units specially designed to meet the physical challenges of aging seniors who need some accommodations, but who are not yet in need of the level of care provided in an assisted living facility. A planned life care facility shall offer residents amenities and services such as meals, transportation, laundry, cleaning services and physical therapy services. The facility shall include rehabilitative, leisure and recreational facilities such as a club room, a card room, a game room, a craft room, a fitness room, library and an indoor or outdoor pool.

[Added 6-8-2015 by Ord. No. 2015-03]

PLANNING COMMISSION

The Planning Commission of Uwchlan Township; Chester County, Pennsylvania.

PLANTING, SCREEN

A strip of planting sufficient to provide an effective screen, having an initial height of not less than five feet, the ultimate heights and width of which shall be not less than 10 feet, and consisting of not less than 50% evergreen vegetation distributed throughout the length of the strip.

PNDI

The Pennsylvania Natural Diversity Inventory; provides an inventory of threatened and/or endangered animal and plant species.

[Added 12-9-2013 by Ord. No. 2013-06]

PRIVACY FENCE

A privacy fence is a fence at least five feet in height which is installed in the side yard of a garden lot structure between the garden lot structure and an adjacent dwelling which is intended to predominantly shield views from the adjacent property.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Supervisors, the Planning Commission, or the Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this ordinance.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986, P.L. 1988, known as the "Sunshine Act" (65 Pa.C.S.A. § 701 et seq.).

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township, stating the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Where the hearing to be held will include consideration of a proposed zoning amendment to the Zoning Map, then such proposed amendments must be additionally noticed by the posting along the perimeter of the effected tract at least one week prior to the date of hearing.

RARE, THREATENED, ENDANGERED (RTE) SPECIES SITES

Sites which have been identified on the PNDI, or the Chester County Natural Areas Inventory, as possessing floral or faunal species of concern or sites in which federally and/or state-recognized RTE species of flora and/or fauna are present.

[Added 12-9-2013 by Ord. No. 2013-06]

RECREATION, ACTIVE

Those recreational pursuits which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, ball courts and fields, and swimming pools.

[Added 12-9-2013 by Ord. No. 2013-06]

RECREATIONAL VEHICLE

A vehicle which is (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

RECREATION, PASSIVE

Recreational pursuits which can be carried out with little alteration or disruption to the area in which they are performed. Such uses include, but are not limited to, hiking, biking and picnicking.

[Added 12-9-2013 by Ord. No. 2013-06]

REGULATORY FLOOD ELEVATION

The one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.

REHABILITATION

The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

[Added 12-9-2013 by Ord. No. 2013-06]

REPETITIVE LOSS

Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market.

RIGHT-OF-WAY

The total width of any land reserved or dedicated as a street, crosswalk, or for other public or semipublic purposes.

RIPARIAN

Pertaining to anything connected with or immediately adjacent to the banks of a stream or other body of water.

[Added 12-9-2013 by Ord. No. 2013-06]

RIPARIAN SETBACK AND BUFFER AREA

An undeveloped area of land adjacent to a body of water and wherein existing or new vegetation is located and maintained to protect the integrity of stream channels and shorelines, to reduce the impact of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals, and to supply food, cover and thermal protection to fish and other aquatic species and wildlife. The buffer is 50 feet in width generally parallel to any permanent or intermittent stream, river, brook, creek, lake, pond, one-hundred-year floodplain, or wetland (as determined by the criteria promulgated from time to time by the United States Army Corps of Engineers); measured outward from either the top of the stream or other bank, edge of the lake, pond or wetlands, or from the boundary of the one-hundred-year floodplain associated therewith (whichever yields the greater buffer width).

[Amended 12-9-2013 by Ord. No. 2013-06]

ROOMING HOUSE

An owner-occupied building or parts thereof occupied by three or more persons for living and sleeping purposes. The term "rooming house" includes the terms "boardinghouse," "lodging house," and "bed-and-breakfast inn" with six bedrooms or less.

ROW HOUSE

See "townhouse."

SEMIDETACHED BUILDING

See "building, semidetached."

SEMINUDE or IN A SEMINUDE CONDITION

The state of dress in which clothing partially or transparently covers or exposes specified anatomical areas.

SEWAGE DISPOSAL

a. ON-SITE Any structure designed to biochemically treat sewage within the boundaries of an individual lot.

b. OFF-SITE A sanitary sewage collection system in which sewage is carried from individual lots, by a system of pipes, to a central treatment and disposal facility.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

a. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity; or

c. Any variation on the activity popularly denominated as "mud wrestling."

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or tattoo or body piercing or divination parlor. Sexually oriented business shall also be termed herein "adult entertainment uses" and said terms are used interchangeably herein.

SHED

An accessory building, with or without a foundation, containing less than 120 square feet, with a maximum dimension of 12 feet in length or width, not for storage of passenger vehicles or trucks.

SHOPPING CENTER

A group of stores, four or more in number, planned and designed as an integrated unit with off-street parking provided on the property as an integral part of the unit. Shopping center shall also mean a single store or a group of stores less than four in number where the total gross floor area of the store or stores exceeds 40,000 square feet.

SIGN

Any structure, building, wall, or other outdoor surface, or any device or part thereof, which displays or includes any letter, work, model, banner, flag, pennant, insignia, device, or other representations used for announcement, direction, identification, or advertisement. The word "sign" includes the word "billboard" but does not include the flag, pennant, or insignia of any nation, state, city or other political unit, nor public traffic or directional signs.

SIGN, ADVERTISING

A sign which directs attention to a service, business, profession or industry conducted, sold, manufactured or assembled or offered for sale elsewhere than upon the premises where the sign is displayed.

SIGN, BUSINESS

A sign which directs attention to a business, profession or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises upon which it is displayed. Signs offering premises for sale, rent, or development, or advertising the services of professionals or building trades during construction or alteration shall be deemed a business sign.

SIGN OR BILLBOARD, OFF-PREMISES OUTDOOR ADVERTISING

A sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

[Amended 12-9-2013 by Ord. No. 2013-06]

SINGLE-FAMILY GARDEN LOT DEVELOPMENT

A development consisting of either attached or detached single-family garden lots which, through flexible design standards, is designed to allow for maximum use of the individual lot areas. Such design flexibility shall include reduced internal road rights-of-way widths, the use of alleys or parking drives, reduced lot areas and yard setbacks. When alleys are used for vehicular access to the dwelling units, parking on the internal roadway shall be restricted to one side.

SPECIAL EXCEPTION

A use permitted with special permission, granted by the Zoning Hearing Board, to occupy and use land and/or a building for specific purposes in accordance with this ordinance when such use is not permitted by right.

SPECIAL PERMIT

A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion, of a floodplain.

SPECIFIED ANATOMICAL AREAS

Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely covered.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

c. Excretory functions as part of or in connection with any of the activities set forth in adult arcade and adult bookstore, adult novelty store or adult video store above.

STEALTH TECHNOLOGY

Camouflaging methods that are used in the installation of wireless communications towers, antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.

[Added 10-14-2014 by Ord. No. 2014-03]

STEEP SLOPE

Those land areas with slopes of 15% or greater; the methodology for delineation of steep slope is established in § 618 of this ordinance.

[Added 12-9-2013 by Ord. No. 2013-06]

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between any floor and the ceiling next above it. A basement shall be deemed to be a story if it does not meet the criteria for being below grade. Each level of a split level building excluding cellars, shall be considered a half story.

STORY, HALF

Any space immediately below and wholly or partly within the roof framing, with or without a finished floor, where the clear height of not more than 75% of such space has structural headroom of seven feet and six inches or more. Any space which has more than 75% of its area having such headroom shall be deemed to be a full story.

STREET

A public (dedicated) or private (undedicated) right-of way excluding driveways, intended for use as means of vehicular or pedestrian circulation to provide access to more than one lot. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, service street, and road or similar terms.

STRUCTURE

Any man-made object having an ascertainable stationary location on land or water, whether or not affixed to the land.

SUBDIVISION

The 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 existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

[Amended 10-22-2009 by Ord. No. 2009-04]

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

The Subdivision and Land Development Ordinance of Uwchlan Township, Chester County, Pennsylvania.

SUBSIDIZED ELDERLY APARTMENT UNIT

A dwelling unit for rental designed and intended for occupancy by senior citizens with a minimum age of 62 pursuant to a program of housing subsidization for the rental costs under the auspices of an agency of the county, commonwealth, or United States government.

[Added 9-14-2009 by Ord. No. 2009-03]

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, total cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage (or repetitive loss when repetitive loss language is used) regardless of the actual repair work performed. The term does not, however include either:

a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

b. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

SUBSTANTIALLY CHANGE

[Added 10-14-2014 by Ord. No. 2014-03]

a. Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or

b. Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

SWIMMING POOL

a. PRIVATE Any reasonably permanent pool or open tank, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 24 inches. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

b. PUBLIC A public bathing place shall mean any open or enclosed place, open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.

TATTOO OR BODY PIERCING PARLOR

This shall mean and refer to any establishment where the indelible marking or nonmedical piercing of a person's skin for ornamental purposes or to facilitate the insertion of ornamental objects is performed for a fee or other consideration provided that a jewelry sales use involving incidental and accessory ear piercing shall not be considered a body piercing parlor.

TERRACED PARKING FACILITIES

A multilevel facility used for the purpose of parking passenger motor vehicles which is formed by offsetting successive levels of the facility such that portions of each successive level (or the entire level) form a roof used for the purposes of parking motor vehicles.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.

[Added 10-14-2014 by Ord. No. 2014-03]

TOWN CENTER

A town center development is situated between areas of development, either existing or proposed, of residential or nonresidential, and shall function as a transitional use to provide traditional retail, office, culture, entertainment and recreational facilities for employees, users and residents of the PCID and surrounding communities, and to provide certain types of residential uses proximate to the retail, office, cultural, entertainment and recreational facilities.

TOWN CENTER AGE-RESTRICTED APARTMENT UNIT

A dwelling unit for rental at current market rates permitted only within a Town Center and intended for occupancy by senior citizens with a minimum age of 55 years old. Town Center age-restricted apartment units shall have two parking spaces for every unit at a minimum.

[Added 4-8-2013 by Ord. No. 2013-02]

TOWNHOUSE

An attached building arranged, designed, and intended for, and occupied exclusively by one family; each such building separated by unpierced fire walls and each building having at least one separate entrance from the outside. No more than five attached buildings (including end buildings) shall be permitted in a townhouse group.

TOWNHOUSE/RETAIL

An attached building arranged, designed, and intended for, and occupied as one or two dwelling units or as one dwelling unit with a retail use on the first floor.

TOWNSHIP

The Township of Uwchlan.

[Added 12-9-2013 by Ord. No. 2013-06]

TOWNSHIP AUTHORITY or MUNICIPAL AUTHORITY

An authority, created by the Board of Supervisors, responsible for, but not limited to, the construction, operation, and/or maintenance of water storage and distribution, and/or sewage collection and treatment facilities.

[Added 12-9-2013 by Ord. No. 2013-06]

TOWNSHIP ENGINEER

A duly registered professional engineer employed by the Township, or engaged as a consultant thereto, or his duly authorized representative.

[Added 12-9-2013 by Ord. No. 2013-06]

TOWNSHIP SOLICITOR

The attorney appointed by the Board of Supervisors, his duly authorized representative, or another attorney-at-law appointed by the Board of Supervisors to represent the Township.

[Added 12-9-2013 by Ord. No. 2013-06]

TREE PROTECTION ZONE

An area surrounding a tree or tree mass in which no construction, construction activity or other disturbance shall take place.

[Added 12-9-2013 by Ord. No. 2013-06]

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the Municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, which are revised every three years, as the construction standard applicable with the Commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

[Amended 10-22-2009 by Ord. No. 2009-04]

USABLE OPEN SPACE

An unenclosed portion of the area of a lot which is not devoted to driveway, parking spaces, or principal structures, including common buildings such as shelters, pavilions, or recreational structures centrally located, accessible to occupants of the building or buildings.

USE

The specific purpose for which land, sign, structure, or building is designed, arranged, intended, or for which it may be occupied or maintained, or any activity, occupation, business, or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

VARIANCE

An exception, granted by the Zoning Hearing Board, from the terms and conditions of this ordinance where literal enforcement would create unnecessary hardship as a result of peculiar or unique conditions, or circumstance pertaining only to the lot in question, and when granting of the exception would maintain the spirit of the ordinance and original intent and not be contrary to the public interest.

WAGERING AND GAMBLING FACILITIES

A commercial use which provides facilities or at which persons assemble for the purpose of any activity which involves lawful gambling or wagering, including, without limitation, those facilities and activities for pari-mutuel wagering on thoroughbred and/or harness horse races remote from any race track and governed by and licensed pursuant to the Race Horse Industry Reform Act, the Act of December 17, 1981, P.L. 435, as it shall be amended from time to time, 4 P.S. § 325.101 et seq. Gambling and wagering shall include any activity, game, or device at which money or other valuable things may be played for, or staked or betted upon and in which, by the rules of the activity, game, or device a consideration is paid by the player or participant and a reward is paid to players or participants as a consequence of some element of chance. A commercial use otherwise permitted shall not constitute a gambling or wagering solely on account of the installation of facilities and devices pursuant to the State Lottery Law, the Act of November 21, 1996, as amended, 72 P.S. § 3761-101 et seq.

[Amended 10-22-2009 by Ord. No. 2009-04]

WATERCOURSE

A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

[Added 12-9-2013 by Ord. No. 2013-06]

WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth, as determined by the criteria promulgated from time to time by the United States Army Corps of Engineers.

[Added 12-9-2013 by Ord. No. 2013-06]

WATER SYSTEM

a. ON-SITE A system for supplying and distributing water to a single dwelling or other structure from a source located on the same lot.

b. OFF-SITE A public or private system for supplying and distributing water from a common source to buildings and other structures, installed and constructed in accordance with the specifications of Aqua Pennsylvania.

WETLANDS

Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Wetlands include all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection or the United States Army Corps of Engineers. In the event there is a conflict between the definitions of these agencies, the more restrictive definition shall apply.

[Added 12-9-2013 by Ord. No. 2013-06]

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

[Added 10-14-2014 by Ord. No. 2014-03]

WIRELESS COMMUNICATIONS FACILITY (WCF)

The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.

[Added 10-14-2014 by Ord. No. 2014-03]

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility, electrical transmission tower, water tower or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.

[Added 10-14-2014 by Ord. No. 2014-03]

WOODLAND

A tree mass or plant community covering an area of 1/4 acre or more in which tree species are dominant or codominant and the branches of the trees form a complete or nearly complete aerial canopy. For the purposes of this ordinance, the extent of any woodland plant community or any part thereof shall be measured from the outermost drip line of all the trees in the community. Woodland shall include any area where timber has been harvested within the previous three years and/or woodland disturbance has occurred within the previous three years which would have met the definition of “woodland” prior to timbering or disturbance. Woodlands do not include nursery stock, orchards, or old fields, except where natural succession has been allowed to occur and where most naturally occurring trees are larger than six inches dbh.

[Added 12-9-2013 by Ord. No. 2013-06]

WOODLAND DISTURBANCE

Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, and woody and herbaceous woodland floor species; also includes any activity which constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow. Woodland disturbance does not include the removal of vegetation that constitutes hazardous condition(s) or the selective cutting or removal of invasive alien trees, shrubs, vines or herbaceous species.

[Added 12-9-2013 by Ord. No. 2013-06]

YARD, FRONT

An open unoccupied space on the same lot with a main building, extending the full-width of lot and situated between the front line of the lot and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

YARD, REAR

An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building. A building shall not extend into the required rear yard.

YARD, SIDE

An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front line to the rear lot line shall be deemed a side line. A building shall not extend into the required side yards.

YIELD PLAN

A plan that is developed for a parcel that is in compliance with all current zoning and subdivision requirements. In developing such a plan the designer shall not use or assume the granting of any variances or waivers except the 50% lot reduction allowed under § 609.1.c(3). The final number of lots that are shown on the yield plan and approved by the Township reviewing agencies shall be the number of lots permitted under the residential open space option that proposes a reduction of lot size below 50% [see § 609.1c(3)(g)] or proposes the use of in-ground on-site sewage disposal systems. [See § 609.1c(3)(a)].

ZONING ADMINISTRATIVE OFFICER or ZONING OFFICER

The agent or official designated by the Board of Supervisors to administrate and enforce the Zoning Ordinance of the Township.

[Amended 12-9-2013 by Ord. No. 2013-06]

ZONING HEARING BOARD

The Zoning Hearing Board of Uwchlan Township, Chester County, Pennsylvania.

[Added 12-9-2013 by Ord. No. 2013-06]

ZONING MAP

The Official Zoning Map of Uwchlan Township, Chester County, Pennsylvania.

ZONING ORDINANCE

The Uwchlan Township Zoning Ordinance of 2009, as may be amended from time to time.

[Amended 12-9-2013 by Ord. No. 2013-06]

[1] Editor's Note: The definition of “Board or Zoning Hearing Board,” which immediately followed this definition, was repealed 12-9-2013 by Ord. No. 2013-06.

[2] Editor's Note: See 35 P.S. § 10231.101 et seq.

[3] Editor's Note: See 35 P.S. § 10231.101 et seq.

[4] Editor’s Note: The Historic Resources Map and Inventory, and the Historic Resources Inventory List, are included as attachments to this chapter.

[5] Editor’s Note: This ordinance also repealed the former definitions of “historic structure” and “home occupation,” which immediately followed.

[6] Editor's Note: The definitions of “manufactured home” and “manufactured home park,” which immediately followed this definition, were repealed 12-9-2013 by Ord. No. 2013-06.

[7] Editor's Note: See 35 P.S. § 10231.101 et seq.

[8] Editor's Note: See 35 P.S. § 10231.101 et seq.