Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meanings indicated:
To cease or discontinue a use or activity without intent
to resume, but excluding temporary or short-term interruptions to
a use or activity during periods of remodeling, maintaining or otherwise
improving or rearranging a facility or during normal periods of vacation
or seasonal closure.
See "accessory use."
A structure or use that:
Is clearly incidental to and customarily found
in connection with a principal building or use;
Is subordinate to and serves a principal building
or a principal use;
Is subordinate in area, extent or purpose to
the principal building or principal use served;
Contributes to the comfort, convenience or necessity
of occupants, business or industry in the principal building or principal
use served; and
Is located on the same lot as the principal
building or use served.
A person who has attained 21 years of age.
[Added 5-11-1998 by Ord. No. 98-11]
An establishment where, for any form of consideration, one
or more motion-picture projectors, slide projectors or similar machines
for viewing by five or fewer persons each are used to show films,
motion pictures, videocassettes, slides or other photographic reproductions
that are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
[Added 5-11-1998 by Ord. No. 98-11]
An establishment that has as a substantial portion of its
stock-in-trade and offers for sale, for any form of consideration,
any one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, videocassettes, slides
or other visual representations that are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas; or instruments, devices or paraphernalia
that are designed for use in connection with specified sexual activities.
[Added 5-11-1998 by Ord. No. 98-11]
A nightclub, bar, restaurant or similar establishment that
regularly features live performances that are characterized by the
exposure of specified anatomical areas or by specified sexual activities
or films, motion pictures, videocassettes, slides or other photographic
reproductions in which a substantial portion of the total presentation
time is devoted to the showing of material that is characterized by
an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
[Added 5-11-1998 by Ord. No. 98-11]
An establishment where, for any form of consideration, films,
motion pictures, videocassettes, slides or similar photographic reproductions
are shown and in which a substantial portion of the total presentation
time is devoted to the showing of material characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas.
[Added 5-11-1998 by Ord. No. 98-11]
A theater, concert hall, auditorium or similar establishment
characterized by activities of which a substantial portion of the
presentation time features the exposure of specified anatomical areas
or by specified sexual activities.
[Added 5-11-1998 by Ord. No. 98-11]
Any of the following uses: adult arcade, adult bookstore,
adult novelty store, adult video store, adult cabaret, adult cinema,
adult theater, escort agency, nude model studio, peep show, sexual
encounter establishment.
[Added 5-11-1998 by Ord. No. 98-11]
Any system of wires, poles, rods, reflecting discs or similar
devices used for the transmission or reception of electromagnetic
waves external to or attached to the exterior of any building.
One or more rods, panels, discs or similar devices used for
the transmission or reception of radio frequency signals. These can
include omni-directional antenna (rod), directional antenna (panel)
and parabolic antenna (disc). The antenna array does not include the
support structure defined below.
[Added 1-11-1999 by Ord. No. 99-1]
Any person applying for the required wireless communication
facility building permit, zoning approval and/or for permission to
use the right-of-way or other Township-owned land or property.
[Added 1-11-1999 by Ord. No. 99-1]
The process by which a person submits a request to develop,
construct, build, modify or erect and operate a wireless communication
facility upon a parcel of land. "Application" includes all written
documentation, verbal statements and representations, in whatever
form or forum, made by an applicant to the Township concerning such
a request.
[Added 1-11-1999 by Ord. No. 99-1]
A wireless communication facility or some component of which
is attached to an attachment structure.
[Added 1-11-1999 by Ord. No. 99-1]
A building which is 35 or more feet in height or an existing
structure suitable for the support of a wireless communication facility,
but which has been designed and constructed for another purpose. Such
existing structures shall include, but not be limited to, utility
poles, signs, water towers and municipally owned towers.
[Added 1-11-1999 by Ord. No. 99-1]
Any area of a building having a floor below ground level
on all sides.
[Added 5-11-1998 by Ord. No. 98-11]
A vehicle for traveling in or on water, not exceeding 30
feet in body length, eight feet in width or 12 feet in overall height.
Height includes the trailer, if the boat is mounted on a trailer.
A landscaped area intended to separate and sometimes partially
or fully obstruct the view of two adjacent land uses or properties
from one another. Unless otherwise specified, buffers may be included
as part of required setbacks and yard areas.
A structure or appendage to a structure that is permanently
affixed to the land, has one or more floors or stories and is bounded
by either lot lines or yards.
The aggregate of the maximum horizontal cross-section area
of the buildings on a lot, excluding cornices, eaves or gutters projecting
not more than 24 inches, steps, chimneys, balconies and terraces,
none of which shall project more than two feet.
The percentage of the lot area covered by the legally prescribed
building area.
That portion of a lot in which buildings may be erected,
as determined by the minimum required front, side and rear yard setbacks.
The line, parallel to the street line, that passes through
the point of the principal building nearest the front lot line.
FRONT YARD BUILDING SETBACK LINEThe line parallel to the public street right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public street right-of-way shall be considered front yards.[1]
The diameter of a tree trunk measured at a point 4Â 1/2
feet from the ground surface at the center of the base of the tree
(also known as "DBH").
A roofed area projecting from the side of a building or standing
alone, used as a shelter for motor vehicles.
That area of a road or other street within which vehicles
are permitted, including travel lanes but not including shoulders,
curbs, gutters, sidewalks or drainage swales.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums, mausoleums
and mortuaries when operated in conjunction with and within the boundaries
of such cemetery. Crematories are excluded from cemeteries.
A building or group of buildings, including customary accessory
buildings, designed or intended for organized religious services.
For the purpose of this chapter, the word "church" shall include chapels,
cathedrals, temples and similar designations.
A building designed and used for the diagnosis and treatment
of human patients that does not include overnight care facilities.
A private, noncommercial and not-for-profit association or
corporation, organized and engaged in common recreational, swimming
and social purposes or other common objectives related to community,
charitable, educational or political purposes and consisting solely
of a limited membership that operates and controls the association
or corporation, excluding churches, synagogues or other houses of
worship.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive areas.
An occupation, employment or enterprise that is carried on
for profit by the owner, lessee or licensee.
See "open space."
A place, structure, area or other facility used for and providing
social and/or recreational programs generally open to the public and
designed to accommodate and serve significant segments of the community.
Any type of animal that is commonly kept by persons as a
pet or for companionship and includes but is not limited to domesticated
dogs, domesticated cats, ferrets, gerbils, guinea pigs, hamsters,
horses, mice, rabbits, and rats.
[Added 9-10-2018 by Ord.
No. 2018-2]
A space that will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
[Added 5-11-1998 by Ord. No. 98-11]
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions and organized in accordance
with the Pennsylvania Uniform Condominium Act.[3]
A development that provides a continuum of accommodations
and care for senior persons, including a combination of independent
living units, personal care assisted living units, a skilled nursing
facility and accessory uses.
[Added 7-12-2004 by Ord. No. 2004-5]
Destruction of a building or structure, all or in part, whether
systematic or by neglect. "Demolition" shall include the extensive
removal or stripping of significant interior or exterior architectural
features and leaving a building or structure open or vulnerable to
vandalism or decay by the elements.
The gross acreage of a tract or lot minus the area of public
rights-of-way, utility easements or rights-of-way, floodplains, wetlands,
50% of steep slopes greater than 25% and 25% of steep slopes between
15% and 25%.
Any landowner, equitable owner or authorized agent of such
landowner who makes or causes to be made a subdivision of land or
a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to 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.
[Added by 5-11-1998 by Ord. No. 98-11]
The provisions for the development of a residential, commercial
or industrial site prepared in accordance with this chapter including
but not limited to a plat of subdivision, location of various uses,
all covenants relating to use, location and bulk of buildings and
other structures, intensity of use or density of development, streets,
parking facilities, common open space and public facilities. The phrase
"provisions of the development plan," when used in this chapter, shall
mean both the verbal and graphic materials referred to in the proposal.
A Township of Marple official whose duties include the administration of § 300-110 of the Marple Zoning Code.
[Added 1-11-1999 by Ord. No. 99-1]
An area that includes all buildings, lots and tracts within
certain designated boundaries as indicated on the Zoning Map or Maps.
Any animal that is livestock, a companion animal, or both.
[Added 9-10-2018 by Ord.
No. 2018-2]
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product that may be used or consumed
in a motor vehicle on the premises or to be entertained while remaining
in an automobile.
A private way providing for vehicular and pedestrian access
between a public street and a parking area within a lot or tract.
A building or portion thereof that is used exclusively for
residential purposes:
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied by one family and having no wall in common with an adjoining building.
TWO-FAMILY DWELLINGA building designed for and occupied by two families.
TWIN OR SEMIDETACHEDA building with one unit on each side of a common wall.
DUPLEXA building with one unit placed above the other so that they share a common horizontal partition.
THREE-FAMILY OR FOUR-FAMILY DWELLINGA building designed for and occupied by three families or a building designed for and occupied by four families. Such dwellings shall include but not be limited to the following types: triplex, quadruplex, townhouses (in rows of three or four units), twin-duplex. All units of a three-family or four-family dwelling shall have at least two open-space exposures.
FIVE-OR-MORE-FAMILY DWELLINGA building designed for and occupied by more than four families. Such dwellings shall include but not be limited to the following types: townhouses (in rows of more than four), stacked townhouses, multiplex, garden apartments, mid-rise apartments.
Two or more rooms used exclusively for occupancy by one person
or family, containing living, sleeping, cooking and bath facilities
for the use of and under the control of the occupants.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation or another person
or entity.
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,
sexually oriented business" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment
on the premises or for the delivery of goods to the premises.
[Added 5-11-1998 by Ord. No. 98-11]
Any engineer licensed by the Commonwealth of Pennsylvania
who based on training and/or experience and involvement is allowed
by the Commonwealth of Pennsylvania to place his seal and signature
on the relevant documents and drawings.
[Added 1-11-1999 by Ord. No. 99-1]
[Added 5-11-1998 by Ord. No. 98-11]
An area consisting of any of the following:
Any structure or enclosure used to contain ancillary equipment
as a component of a wireless communication facility, including a cabinet,
shelter, a build-out of an existing structure or a pedestal.
[Added 1-11-1999 by Ord. No. 99-1]
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.
[Added 5-11-1998 by Ord. No. 98-11]
A person or business association that furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
[Added 5-11-1998 by Ord. No. 98-11]
A space that 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.
[Added 5-11-1998 by Ord. No. 98-11]
[Added 5-11-1998 by Ord. No. 98-11]
Any of the following:
The opening or commencement of any sexually
oriented business as a new business;
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
The addition of any sexually oriented business
to any other sexually oriented business; or
The relocation of any sexually oriented business.
Any number of individuals living and cooking together as
a single housekeeping unit, provided that not more than three of such
number are unrelated to all of the others by blood, marriage or legal
adoption. Domestic servants shall be considered an adjunct to the
term "family." A family, as herein defined, specifically excludes
individuals and groups occupying a boardinghouse or rooming house,
lodging house, club, group home, fraternity, hotel or similar living
environment.
[Added 5-11-1998 by Ord. No. 98-11]
The Federal Communications Commission.
[Added 1-11-1999 by Ord. No. 99-1]
The enclosing or dividing framework for land, yards or gardens;
a barrier of posts, wire or other suitable materials.
A fence consisting of, except for basic structural support,
a series of longitudinal and transverse wires arranged at right angles
to each other and welded or otherwise joined together at all points
of intersection. Openings in such a fence shall be a minimum of 24
square inches.
A temporary inundation of normally dry land.
[Added 5-11-1998 by Ord. No. 98-11]
An area adjoining a creek, stream or other watercourse, that
is subject to partial or complete inundation; an area subject to the
accumulation or runoff of surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of floodplain required to carry and discharge
floodwater of a given magnitude. For the purposes of this chapter,
a floodway shall be capable of accommodating a flood of the one-hundred-year
magnitude.
[Added 5-11-1998 by Ord. No. 98-11]
The sum of the areas of the several floors of a building,
including areas used for human occupancy in basements, attics and
penthouses, as measured from the exterior faces of the walls. It does
not include cellars, unenclosed porches or attics not used for human
occupancy or any floor space in accessory buildings or in the main
building intended and designed for the parking of motor vehicles in
order to meet the parking requirements of this chapter or any such
floor space intended and designed for accessory heating and ventilating
equipment. It shall include the horizontal area at each floor level
devoted to stairwells and elevator shafts.
Determined by dividing the gross floor area of all buildings
on a lot by the developable acreage of that lot.
A unit of illumination equal to one lumen per square foot
(1 footcandle = 10.76 lux).
The length of any one property line of a premises, which
property line abuts a legally accessible street right-of-way.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for embalming and the
performance of other services used in preparation of the dead for
burial; the performance of autopsies and other surgical procedures;
the storage of caskets, funeral urns and other related funeral supplies;
and the storage of funeral vehicles, but shall not include facilities
for cremation. Where a funeral home is permitted, a funeral chapel
shall also be permitted.
An enclosed area of land of at least one acre, for the not-for-profit
protection and managed care of wildlife.
A building other than a private garage, one or more stories
in height, used for the storage, maintenance and repair of motor vehicles.
An accessory building or part of a permitted principal building
capable of the storage of automobiles or trucks owned and used by
the owner or tenant of such building. Such building shall not be utilized
at any time for commercial or business purposes.
A building, not a private or commercial garage, used solely
for the temporary parking or storage of motor vehicles and not intended
for the sale of gasoline or other flammable products.
A lot or area of land, together with any structure thereon,
used for the retail sale of motor fuel and lubricants and incidental
services such as the sale, installation or minor repair of tires,
batteries or other automotive accessories.
A sensation of brightness within the visual field that causes
annoyance, discomfort or loss in visual performance and visibility.
The average of the finished ground level at the center of
all walls of a building. In cases where walls are parallel to and
within five feet of a sidewalk, the ground level shall be measured
at the sidewalk.
An enclosed building used for the cultivation of plants.
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for residential clients and attendant (24 hours or less) staff, living
together in a dwelling unit and functioning as a single housekeeping
unit under a common housekeeping management plan based upon an intentionally
structured relationship providing organization and stability. The
resident clients of a group home must be limited to persons who need
specialized housing because of age, disability or illness, and may
include, but not necessarily be limited to, children, the mentally
or physically handicapped and elderly, but shall not include drug
and alcohol rehabilitation facilities, or adult pre-release correctional
facilities such as work release, halfway houses or similar uses. This
definition shall expressly include facilities for the supervised care
of persons with disabilities subject to protection under the federal
Fair Housing Act[4] as amended.
[Added 3-10-2014 by Ord. No. 2014-3]
Substances that are carcinogenic, flammable and that may
be toxic to human beings and that may contaminate the air, land or
water and that include, but are not limited to, inorganic mineral
acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorus,
selenium and arsenic and their common salts; asbestos; lead, nickel
and mercury and their inorganic salts or metallo-organic derivatives;
coal tar acids, including phenol and cresol and their salts; and all
radioactive substances.
The vertical distance measured from the average elevation
of the finished grade surrounding the structure to the highest point
of the structure. The only exemption would be a chimney which may
exceed the height limit by three feet.
[Amended 7-14-2003 by Ord. No. 2003-13]
An area of land consisting of one or more lots planned for
unified commercial uses considered as a single entity for land development
and as shown on one land development plan, whether or not the lots
are separated by a street.
[Added 7-13-2015 by Ord.
No. 2015-4]
Any building, structure, road, bridge, marker, fence, sign,
tree, hedgerow, site, district, passage, object or vista contained
on the list of Marple Township Historic Sites in the Marple Township
Comprehensive Plan Update, adopted April 8, 1991, and as may be amended
by the Board of Commissioners.
Any single lawful commercial use of a dwelling unit as customarily
incidental and accessory to a permitted residential use, conducted
by any one person who makes the residence his or her primary dwelling.
[Added 5-11-1998 by Ord. No. 98-11]
An institution that:
Is primarily engaged in providing, by or under
the supervision of physicians, to inpatients:
Maintains clinical records on all patients;
Has bylaws in effect with respect to its staff
of physicians;
Has a requirement that every patient must be
under the care of a physician;
Provides twenty-four-hour nursing service rendered
or supervised by a registered professional nurse and has a licensed
practical nurse or registered professional nurse on duty at all times;
Is licensed as a hospital pursuant to the laws
of the Commonwealth of Pennsylvania or is approved by the agency of
the Commonwealth of Pennsylvania or locality covering Marple Township
responsible for licensing hospitals as meeting the standards established
for such licensing.
A structure used for the care and treatment of sick or wounded
domestic animals.
A building or group of buildings containing a specified number
of guest rooms especially designed for the temporary lodging of transient
guests, provided that no room shall have cooking facilities of any
kind. Such establishment shall furnish to the occupants customary
services, such as maid service and the furnishing and laundering of
linen. Eating facilities may be added as an accessory use to the hotel,
motel or inn.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
[Added 5-11-1998 by Ord. No. 98-11]
Any surface on a lot that blocks the natural percolation
of water. Examples include, but are not limited to, structures, including
eaves, roofs and roof overhangs; parking areas; driveways; sidewalks;
patios; sport courts; and pools.
Physical additions and changes to land, such as grading,
paving, curbing, fire hydrants, water mains, sanitary sewers, capped
sewers, storm sewers, storm drains, catch basins, culverts, sidewalks,
monuments, crosswalks, bridges, earthworks, street lights, street
trees, other plantings and other structures.
When used in conjunction with "right-of-way," means above,
along, in, over, under, upon or within the right-of-way.
[Added 1-11-1999 by Ord. No. 99-1]
A dwelling unit in a building of multiple dwelling units,
or standing alone, used exclusively for occupancy by one or more senior
persons in a continuing care retirement community.
[Added 7-12-2004 by Ord. No. 2004-5]
Any use of land, buildings and structures for educational,
religious, social or health care facilities, including dependent,
family and group care facilities; clinics and hospitals; schools for
basic and higher education; churches and other places of worship;
child-care centers, including day camps; cemeteries; and any philanthropic
use.
Any of the following activities:
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; or
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.
A subdivision of land.
Poultry, cattle, swine, sheep, goats, horses, donkeys, and
mules.
[Added 9-10-2018 by Ord.
No. 2018-2]
One duly recorded plot or parcel of land on which a permitted
use or building and an accessory use or building may be placed, together
with the required yards and areas required by this chapter, not including
any land within the limits of a street right-of-way upon which said
lot abuts, even if a portion of the right-of-way is maintained by
the owner of the lot.
The area of land contained within the property lines of a
lot, including the area of any easement, but excluding any area with
an existing or designated future road rights-of-way.
A lot abutting upon two or more streets or upon two parts
of the same street, forming an interior angle of less than 135°.
The percentage of the lot area that is occupied by the building
area.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
The distance measured along the street line of the lot abutting
a public road, street or highway.
A property boundary line shown on a recorded plan or described
in a recorded deed. In the case of any lot abutting a street, the
lot line for the portion of the lot abutting 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 right-of-way.
FRONT LOT LINEThe lot line abutting a street and coinciding with the street line. In the case of a corner lot, both street lines shall be deemed the front lot line, except in the R-1, R-1A, R-2, R-3 and R-4 Districts, where the front lot line shall be the lot line on the short side of the lot.
REAR LOT LINEA lot line opposite and most distant from the front lot line. If the rear lot line is less than 10 feet in length or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, between the side lot lines, parallel to and at the maximum distance from the front lot line. For a corner lot, of the two lot lines opposite the front lot lines, that which is most distant will be the rear lot line.
SIDE LOT LINEAny lot line that is not a street line or a rear lot line.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
The horizontal distance measured between the side lot lines
at the required or proposed building setback line. In the case of
a unit of a twin or semidetached dwelling, the lot width shall be
measured between the side lot line and the center line of the party
wall and in the case of a unit of a single-family attached dwelling
the lot width shall be measured either between the side lot line and
the center line of the party wall or between the center lines of adjacent
party walls. In each of the aforementioned cases involving party walls,
the center line of the party walls shall be construed as a side lot
line. The lot width for the entire depth of the lot shall not be less
than 2/3 of the minimum lot width at the right-of-way line.
[Amended 7-14-2003 by Ord. No. 2003-13]
The lowest floor of the lowest fully enclosed area (including basement) of a building. 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 non-elevation design requirements of § 300-60 of this chapter.
[Added 5-11-1998 by Ord. No. 98-11]
A unit of illumination equal to one lumen per square meter
(one lux = .0929 footcandle).
See "mobile home."
[Added 5-11-1998 by Ord. No. 98-11]
Act 16 of 2016, 35 P.S. § 10231.101, et seq.
[Added 5-8-2017 by Ord.
No. 2017-7]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
is registered by the Department of Health of the Commonwealth of Pennsylvania
under the Medical Marijuana Act to dispense medical marijuana. The
term does not include a health care medical marijuana organization
under Chapter 19 of the Medical Marijuana Act.
[Added 5-8-2017 by Ord.
No. 2017-7]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
is registered by the Department of Health of the Commonwealth of Pennsylvania
under the Medical Marijuana Act 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.
[Added 5-8-2017 by Ord.
No. 2017-7]
A wireless communication facility consisting of an equipment
facility capable of being mounted onto the attachment or support structure
and antenna that is either no more than five feet in height with a
face area of not more than 580 square inches; or if a tubular antenna,
no more than four inches in diameter and no more than seven feet in
length.
[Added 1-11-1999 by Ord. No. 99-1]
The replacement of existing work with equivalent materials
for the purposes of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting away 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.
[Added 5-11-1998 by Ord. No. 98-11]
A transportable single-family detached dwelling intended
for permanent occupancy, contained in one unit or in two or more units
designed to be joined into one integral unit capable of again being
separated for repeated towing, that 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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land that has been so designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
A building or buildings or lot owned or used in connection
with Marple Township's local government functions, services and/or
administration, including Township-owned golf course(s), volunteer
fire services and magisterial district courts located in the Township.
[Added 3-10-2003 by Ord. No. 2003-3;
amended 7-14-2008 by Ord. No. 2008-6]
Structures for which the start of construction commenced
on or after the effective date of this chapter, including subsequent
improvement hereto.
[Added 5-11-1998 by Ord. No. 98-11]
[Added 3-10-2003 by Ord. No.
2003-3]
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the 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 or electronic 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 dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve any illegal activity.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment.
A use, whether of land or of structure, that does not comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment.
[Added 5-11-1998 by Ord. No.
98-11]
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 that maintains or operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation; 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; and
Where in order to participate in a class a student
must enroll at least three days in advance of the class; and
Where no more than one nude or seminude model
is on the premises at any one time.
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.
[Added 5-11-1998 by Ord. No. 98-11]
An institution that:
Has policies that are developed with the advice
of and with provision of review of such policies from time to time
by, a group of professional personnel, including one or more physicians
and one or more registered professional nurses to govern the skilled
nursing care and related medical or other services it provides;
Has a physician, a registered professional nurse
or a medical staff responsible for the execution of such policies;
Has a requirement that the health care of every
patient must be under the supervision of a physician and provides
for having a physician available to furnish necessary medical care
in case of emergency;
Maintains clinical records on all patients;
Provides twenty-four-hour nursing services and
has at least one registered professional nurse employed full-time;
Provides appropriate methods and procedures
for the dispensing and administering of drugs and biologicals;
Is licensed as a nursing home pursuant to the
laws of the Commonwealth of Pennsylvania or is approved by the agency
of the Commonwealth of Pennsylvania or locality covering Marple Township
responsible for licensing institutions of this nature as meeting the
standards established for such licensing.
An airborne emission that creates a nuisance.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
A flood that, on 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).
[Added 5-11-1998 by Ord. No. 98-11]
A parcel or parcels of land or an area of water or a combination
of land and water within a development site, logically interrelated
and interconnected and designed and intended for the use and enjoyment
of the residents of the development and/or community, not including
streets, required off-street parking areas and required yards. Open
space shall be substantially free of structures but may contain such
improvements as are in the development plan as finally approved and
as are appropriate for the recreation of the residents served thereby.
Any person, including the Township, with fee title or a long-term
(exceeding 10 years) leasehold to any parcel of land within the Township.
[Added 1-11-1999 by Ord. No. 99-1]
A parcel of land designated for outdoor enjoyment that is
open and may include such facilities as play area, bike trails, hiking
paths and family picnic areas.
A reasonably level space, available for the temporary parking
of one motor vehicle, exclusive of passageways, driveways or other
means of circulation or access. A parking space shall include either
covered garage spaces or uncovered parking lot space located off the
street right-of-way. Such spaces may include but not be limited to
parking lots, private garages or, when permitted, other structures
and accessories or service facilities or facilities above or under
the ground.
A fire wall on an interior lot line used or adapted for joint
service between two buildings.
A portion of land paved with a weatherproof surface for parking
space, driveways or streets.
The presentation of material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activity or specified anatomical areas for observation by parties
in a viewing booth.
[Added 5-11-1998 by Ord. No. 98-11]
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also
cited as 53 P.S. § 10101 et seq., or any subsequent Act
of the Commonwealth of Pennsylvania that replaces, supplements or
repeals any or all of the provisions of Act 247.
See "open space."
A document issued by the Code Enforcement Officer of Marple
Township authorizing an applicant to undertake certain activities,
as further defined below:
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any Building Code that may be adopted by Marple Township and authorizing an applicant to commence said construction, alteration or reconstruction.
CERTIFICATE OF OCCUPANCYA certificate issued upon completion of the construction of a structure or changes in use of a structure or parcel of land, indicating that the premises comply with the provisions of this chapter and other regulations of Marple Township and may be used for the purposes set forth in the certificate.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter or with an order of the Zoning Hearing Board and authorizing the applicant to proceed with said use, building or structure.
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.
[Added 5-11-1998 by Ord. No. 98-11]
A facility licensed by the Pennsylvania Department of Welfare
in which food, shelter and personal assistance or supervision are
provided for a period of at least 14 days. Such facility shall contain
dwelling units for four or more persons who do not require the services
in or of a Pennsylvania Department of Health-licensed long-term care
facility, but who do, because of their advanced age, require assistance
or supervision in matters such as dressing, bathing, diet, financial
management evacuation of a residence in the event of any emergency,
or medication prescribed for self-administration.
[Added 7-12-2004 by Ord. No. 2004-5]
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units or combination of
residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
An agency of Marple Township as duly appointed for specified
terms by the Board of Commissioners of Marple Township for duties
as prescribed in the Pennsylvania Municipalities Planning Code.[5]
Trees, shrubs and ground covers that are installed and maintained
in accordance with a landscaping plan approved by the Board of Commissioners.
The main use of land or structures, as distinguished from
a secondary or accessory use.
A person that is not a public utility, who is licensed by
the Federal Communications Commission to provide telecommunications
service to the public.
[Added 1-11-1999 by Ord. No. 99-1]
A formal meeting held pursuant to public notice by the Board
of Commissioners or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code.[6]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Those recreational pursuits that 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,
golf courses and swimming pools.
Recreational pursuits that can be carried out, with little
alteration or disruption, in the area in which they are performed.
Such uses include, but are not limited to, hiking, biking and picnicking.
The one-hundred-year-flood elevation, plus a freeboard safety
factor of 1Â 1/2 feet.
[Added 5-11-1998 by Ord. No. 98-11]
A use involving a structure or place in which worship and
ceremonies pertaining to a particular system of beliefs are held.
An individual who is legally capable of acting for the person or entity with regard to the equipment being installed and operated under § 300-110.
[Added 1-11-1999 by Ord. No. 99-1]
A building or an area within a building used primarily for
the purpose of furnishing prepared food to the public to be consumed
within the building or for consumption off the premises. Outdoor cafes
or outdoor extensions of the premises dining area are not permitted.
A strip of land occupied or intended to be occupied
by street, crosswalk, railroad, electric transmission line, oil or
gas pipeline, water main, sanitary or storm sewer main, shade trees
or other special use.
The surface, air space above the surface and
the area below the surface of any street.
[Added 2-1-1999 by Ord. No. 99-1]
The expected future right-of-way width for a public street,
computed from the center line of an established right-of-way and delineated
by a line parallel to the center line.
The number of the area on a Ringelmann chart that most nearly
matches the light obscuring capacity of smoke as described in the
U.S. Bureau of Mines Information Circular No. 6888. Smoke below the
density of Ringelmann No. 1 shall be considered as Ringelmann No.
0 or no smoke.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
[Added 5-11-1998 by Ord. No. 98-11]
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
A system, whether publicly or privately owned, for the collection
of sewage from two or more lots and for the treatment or disposal
of the sewage on one or more of the lots or at any other site.
An establishment other than a hotel, motel or similar establishment
offering public accommodations, which, for any form of consideration,
provides a place where two or more persons may congregate, associate
or consort in connection with specified sexual activities or the exposure
of specified anatomical areas. This definition does not include an
establishment where a medical practitioner, psychologist, psychiatrist
or similar professional person engages in sexual therapy which they
are licensed to perform.
[Added 5-11-1998 by Ord. No. 98-11]
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
[Added 5-11-1998 by Ord. No. 98-11]
Any permanent or temporary structure or part thereof, inclusive
of but not limited to flags, banners or whirligigs or any device attached,
painted or represented directly or indirectly on a structure or other
surface that shall display or include any letter, word, insignia,
flag or representation used as or that is in the nature of an advertisement,
announcement, visual communication, direction or is designed to attract
the eye or bring the subject to the attention of the public. Flags
of any governmental unit or branch of any charitable or religious
organization, interior signs not visible from a public right-of-way
or adjoining property and cornerstones built into or attached to a
wall of a building shall not be construed to be signs.
A facility which provides for personal health care in a continuing
care retirement community and is licensed to provide nursing care
by the Pennsylvania Department of Health.
[Added 7-12-2004 by Ord. No. 2004-5]
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.
[Added 5-11-1998 by Ord. No. 98-11]
Any of the following:
Any wireless communication facility which is designed to
enhance compatibility with adjacent land uses, including but not limited
to architecturally screened and or landscaped antenna arrays and equipment
facilities and support structures designed to look other than like
a support structure, such as a light pole, a power pole, a component
of a building or a tree.
[Added 1-11-1999 by Ord. No. 99-1]
An area of land that is characterized by a change in elevation
of 15% or more over a horizontal distance of two feet or greater.
An area of land that is characterized by a change in elevation
of 25% or more over a horizontal distance of two feet or greater.
The space between the surface of two successive floors in
a building or between the top floor and the ceiling or underside of
the roof framing. The number of stories shall be counted at the point
from which the height of building is measured. For the purpose of
determining the maximum number of permitted stories, the term "story"
shall not include cellars, stair or elevator penthouses or other roof
structures, provided that the total area of all roof structures located
above the top story does not exceed 1/3 of the total roof area.
A right-of-way, municipally or privately owned, serving as
a means of vehicular and pedestrian travel and furnishing access to
abutting properties and space for sewers and public utilities.
Principal arterials, arterials and minor arterials as designated
by the Road Functional Classification of the Marple Township Comprehensive
Plan.
Collectors as designated by the Road Functional Classification
of the Marple Township Comprehensive Plan.
The line dividing a lot from a street.
A street or road used primarily as the principal means of
access to adjacent residential properties.
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams or girders or any change that would convert an existing building
into a different structure or adapt it to a difference use or that,
in case of a nonconforming use, would prolong the life of such use.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
[Added 5-11-1998 by Ord. No. 98-11]
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.
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 damaged occurred.
[Added 5-11-1998 by Ord. No. 98-11]
Of a sexually oriented business, means the increase in floor
areas occupied by the business by more than 25%, as the floor area
exists on May 11, 1998.
[Added 5-11-1998 by Ord. No. 98-11]
Any 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.
[Added 5-11-1998 by Ord. No. 98-11]
A structure designed and constructed to support an antenna
array or micro facility and may include a utility pole, a monopole,
self-supporting (lattice) or guy-wire support tower and other similar
structures.
[Added 1-11-1999 by Ord. No. 99-1]
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming or bathing and constructed, installed or maintained in or
above the ground, outside any building.
A swimming pool or hot tub and the apparatus and equipment
pertaining to such pool maintained by an individual for the sole use
of his household and guests without charge for admission and not for
the purpose of profit or in connection with any business operated
for profit and located on a lot as an accessory use to a residence.
Any swimming pool other than a private swimming pool, including
publicly and privately owned pools open to the general public and
pools owned and operated in conjunction with membership organizations,
motels, hotels and other similar uses.
An area of land consisting of one or more contiguous lots,
excluding lots separated by existing public streets, considered as
a single entity for land development.
A vehicle or structure without motive power used to haul
freight or cargo and commercially registered by the state.
All lands in floodplains and wetlands; all steep slope and
very steep slope areas; all street rights-of-way; those portions of
any lot covered by the front, side and rear setback areas as established
and required by articles of this chapter.
Any portion of a lot, regardless of zoning, not included
within the primary tree protection area.
Any act that causes a tree to die within a period of two
years, including but not limited to damage inflicted upon the root
system by machinery, storage of materials and soil compaction; changing
the natural grade above the root system or around the trunk; damage
inflicted on the tree permitting infection or pest infestation; excessive
pruning; paving with concrete, asphalt or other impervious material
within such proximity as to be harmful to the tree.
Any lot, tract or parcel of land that has not been graded
or in any other manner improved.
1980, July 2, P.L. 286, No. 82; 68 Pa.C.S.A. § 3101
et seq., as amended.
See "dwelling unit."
Any purpose for which a lot or structure may be designed,
arranged, intended, maintained or occupied or any activity, occupation,
business or operation carried on in a structure on a lot.
A vehicle with length exceeding 18 feet.
A vehicle that is built on a single chassis; not more than
250 square feet, measured at the largest horizontal projections; assigned
to be self-propelled or permanently towable by a light-duty truck;
not assigned for use as a permanent dwelling but as temporary living
quarters or recreational, camping, travel or seasonal use.
[Added 5-11-1998 by Ord. No. 98-11]
An enclosed area for the presentation of peep shows. The
full interior of a viewing booth must be open and visible at all times
to an attendant and to the public portion of the premises.
[Added 5-11-1998 by Ord. No. 98-11]
A building used primarily for the storage of goods and materials.
Pond, reservoir, lake or impounded mass of water.
A stream of water, river, brook, creek; a channel or ditch
for water, whether natural or man-made.
Any publicly or privately owned water generation, collection
and distribution system that serves more than one building or lot.
Those areas that are inundated or saturated by surface water
or groundwater 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, including
swamps, marshes, bogs and similar areas.
Includes, but is not limited to, the following orders or
families, or similar orders or families, whether bred in the wild
or in captivity, and any hybrid thereof, including with domestic animals.
The examples identified in parentheses are not intended to be an exhaustive
list and do not limit the generality of each group of animals, unless
otherwise specified:
[Added 9-10-2018 by Ord.
No. 2018-2]
An opening, usually glazed, in an external wall of a building
to admit light and sometimes air.
An external wall of a building that has 2% or less of its
total surface area as windows.
An external wall of a building that has more than 2% of its
total surface area as windows.
Any unstaffed facility for the transmission and/or reception
of wireless communication services, usually consisting of an antenna
array or micro facility, connection cables, an equipment facility
and a support structure or attachment structure to achieve the necessary
elevation.
[Added 1-11-1999 by Ord. No. 99-1]
Any personal wireless service as defined by the Telecommunications
Act of 1996, which includes FCC-licensed commercial wireless telecommunications
services including cellular, personal communication services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging and similar services that currently exist or that may
be in the future defined as such by the FCC.
[Added 1-11-1999 by Ord. No. 99-1]
An open area that lies between a structure and the nearest
lot or street right-of-way line. The minimum required yard is unoccupied
and unobstructed from the ground upward except as may be specifically
provided in the Zoning Code.
[Amended 7-14-2003 by Ord. No. 2003-13]
A yard between a structure and the street right-of-way line
and extending the entire width of the lot. In the case of a corner
lot, the yards extending along all the streets are front yards. In
the case of a lot other than a corner lot that fronts on more than
one street, the yards extending on all streets are front yards.
[Added 7-14-2003 by Ord. No. 2003-13]
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 the permitted principal or accessory building or buildings
on the lot.
[Added 7-14-2003 by Ord. No. 2003-13]
A sale of limited duration of clothing and household items
belonging to the residents of a dwelling and conducted from the yard,
porch or garage of that dwelling.
The depth extends along the side lot line between the required
front and rear setbacks; in width extends from such side lot line
to the nearest point of the permitted principal or accessory building
or buildings on the lot.
[Added 7-14-2003 by Ord. No. 2003-13]
A contiguous area of land on all parts of which the same
uniform zoning regulations apply.
The perimeter line completely enclosing a zoning district.
A Board appointed by the Board of Commissioners to examine
and decide appeals for the relief from strict conformance to this
chapter or relief from a decision of the Code Enforcement Officer
and to hear testimony regarding the validity of any zoning regulations
upon development in the Township.
The official plan of zoning districts in the Township showing
precisely the boundaries and titles of each zoning district, which
map is a part of this chapter.[9]
[1]
Editor's Note: Former Subsection B, Side yard,
and Subsection C, Rear yard, which immediately followed this subsection,
were repealed 7-14-2003 by Ord. No. 2003-13. See now the definitions
of "yard, side" and "yard, rear," respectively.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[4]
Editor’s Note: See 42 U.S.C. § 3601 et seq.
[5]
Editor's Note: See 53 P.S. § 10101
et seq.
[6]
Editor's Note: See 53 P.S. § 10101
et seq.
[7]
Editor's Note: See 53 P.S. § 10101
et seq.
[8]
Editor's Note: See 53 P.S. § 10101
et seq.
[9]
Editor's Note: Said map is on file in the
Township offices.
