For purposes of this chapter, certain words
shall be interpreted as follows:
A.
Words used in present tense include the future.
B.
The singular number includes the plural and the plural
includes the singular.
C.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
D.
The word "person" includes an individual, corporation,
partnership, incorporated association and/or any other similar entity.
E.
The words "include" or "including" shall not limit
the term to the specified examples, but are intended to extend the
meaning to all other instances of like kind and character.
F.
The words "building" or "structure" shall always be
construed as if followed by the words "or part thereof."
G.
The word "may" is permissive, and the words "shall"
and "will" are always mandatory.
Words and terms used in this chapter shall have
the meanings given in this article. Unless expressly stated otherwise,
any pertinent word or term not a part of this listing, but vital to
the interpretation of this chapter, shall be construed to have its
legal definition or, in absence of a legal definition, its meaning
as commonly accepted by practitioners, including civil engineers,
surveyors, architects, landscape architects and planners.
A privately owned, constructed and maintained vehicular access
from a public or private right-of-way to off-street parking or loading
spaces.
A structure or building detached from a principal building
on the same residential lot or agricultural lands and customarily
incidental and subordinate to the principal residential or agricultural
building.
[Amended 8-15-2017 by Ord. No. 379]
A use on the same lot and customarily incidental and subordinate
to the principal use.
[Amended 8-15-2017 by Ord. No. 379]
A piece of land which provides physical access to and legal
road frontage for a lot, but which does not comply with the minimum
lot width regulations of this chapter. Access strips provide access
to flag, rear or interior lots. The area of an access strip shall
not be included in the minimum lot area required under the provisions
of this chapter.
See net buildable acreage.
The calculated land area contained within the deeded boundaries
of a lot.
The gross land area of the tract, minus all land contained
within the ultimate right-of-way of any existing roads abutting or
crossing the tract.
See "Pennsylvania Municipalities Planning Code."[1]
An extension or increase in floor area or height of a building
or structure.
Any premises operated for profit or not for profit in which
older adult daily living services, as defined herein, are simultaneously
provided for four or more adults who are not relatives of the operator.
The following types of adult day-care facilities are regulated by
this chapter:
ADULT DAY-CARE HOMEAny adult day-care facility in which services are provided to between four and eight adults and where the day-care areas are being used as a family residence.
ADULT DAY-CARE CENTERAny adult day-care facility in which services are provided to eight or more adults and where the day-care areas are not being used as a family residence.
Any business, club or other similar operation which permits
patrons, clients, visitors or members to hear, view, read, lease,
purchase, trade or exchange and/or participate in activities, publications,
movies, video tapes and/or live or televised performances which have
as their dominant theme or themes explicit sexual activities and/or
the exhibition of portions of the human or animal anatomy which are
not normally seen in public or in commercial or other club-type operations,
including the genital areas, buttocks and female breasts, and which
operations may or may not exclude minors by virtue of age. Included
in the term "adult use" are bookstores, movie theaters, restaurants,
bars and any other operation which qualifies for inclusion by virtue
of the definition above, regardless of the type of other uses or operations
which may also be conducted on or in the property or properties involved.
A residential community consisting of single-family detached,
semidetached, and/or single-family attached dwellings, which shall
be permanently occupied by at least one principal resident who shall
be 55 years of age or older, if the housing meets the criteria of
federal and state law.
[Added 11-20-2001 by Ord. No. 236; amended 6-16-2015 by Ord. No. 360]
The cultivation of the soil, and the raising and harvesting
of products of the soil, including but not limited to nursery, horticulture
and floriculture operations and keeping of livestock. This definition
also includes all necessary accessory uses for packing, treating and
storing agricultural products; provided, however, that the operation
of any such accessory uses shall be secondary to that of the normal
agricultural activities.
[Amended 6-2-1998 by Ord. No. 196]
A minor, vehicular right-of-way, public or private, on which
no principal structures front, which serves as the secondary means
of access to two or more properties which otherwise front on a public
street.
As applied to a building or structure, a change or rearrangement
in the structural parts or mechanical equipment, or any enlargement
or diminution of a building or structure, whether horizontally or
vertically, or the moving of a building or structure from one location
to another.
A subordinate use that is controlled by a larger permitted
use. An example is a public garage (tires, batteries and accessories)
or garden shop controlled by a department store.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
The raising and keeping of livestock, fish, fur-bearing animals,
honey bees or poultry for any commercial purpose, which shall include,
but not be limited to, the boarding of fewer than 10 horses for a
fee, and the keeping of horses for domestic purposes. The keeping
of livestock other than horses, fish, fur-bearing animals, honey bees
or poultry as farm pets or for domestic purposes shall not be construed
as "animal husbandry."
[Amended 9-6-1994 by Ord. No. 165]
Equipment designed to transmit or receive electronic signals.
A person who has filed an application for approval of subdivision
or land development plans, including his/her heirs, successors, agents
and assigns. The term also includes landowner, developer, builder
and/or other persons responsible for the plans and construction of
buildings or other improvements on any parcel of land.
An underground bed or stratum of earth, gravel or porous
stone that contains water.
The exposed ground-level portion of an aquifer.
A place of business where three or more coin-operated video
screen game machines are located.
See "acreage, gross" or "acreage, net."
A building containing a stage and seating for meetings and/or
performances.
Any premises used for supplying gasoline and oil, tires,
accessories and services for motor vehicles at retail direct to the
motorist consumer, including the making of automotive repairs.
The dismantling or disassembling of used motor vehicles or
recreation vehicles or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
A financial or fiduciary institution, including savings and
loan, finance companies, credit unions and other similar institutions.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet. A space which does not meet
the above criteria is a cellar.
A residential use consisting of one dwelling unit, together
with no more than seven rooms or suites that are rented to overnight
or weekly guests and where meals are prepared for the guests by the
proprietors. The rented rooms do not contain kitchen facilities and
do not constitute separate dwelling units.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways or any
other barrier to development.
A building consisting of a single dwelling unit and no more
than five rooms or suites, where lodging is provided with or without
meals to tenants for periods generally longer than 30 days, for compensation.
An area that functions to visually separate site elements
and land uses to ease the transitions between them. Unless otherwise
regulated, buffers may be located within the required setbacks and
yard areas.
[Amended 9-4-2012 by Ord. No. 334]
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind or nature.
(See "accessory structure or building" and "principal building.")
The ratio obtained by dividing the maximum horizontal cross
section of all principal and accessory buildings on a lot, including,
but not limited to, balconies, covered porches, carports and breezeways,
by the total area of the lot upon which the buildings are located.
This definition specifically excludes all residential patios and residential
decks. All nonresidential decks or nonresidential patios shall be
included in the calculation of building coverage.
[Amended 12-20-2011 by Ord. No. 328]
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side and rear yard areas and encompasses the area of the lot not found
in the yard areas and rights-of-way.
The line which serves as the rear boundary of the minimum
front yard and which is used for the purpose of measuring lot width.
(See also "yard line.")
Tree diameter measured 2 1/2 feet from the ground.
A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units of the general
public as temporary living quarters for recreation, education or vacation
purposes.
The person responsible for the direct care, protection, supervision
and guidance of children in a day-care setting.
A building open on three or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
[Amended 6-2-1998 by Ord. No. 196]
The paved portion of a street or highway desired for vehicular
traffic.
That portion of a building which is partly or completely
below grade and having more than 1/2 of its height below grade. (See
"basement.")
Land used or intended to be used for the burial of the deceased,
including columbariums, crematories, mausoleums and mortuaries when
operated in conjunction with the cemetery and within its boundaries.
A sewage disposal network and facilities or water supply
network serving a group or series of property owners in common; it
may be publicly or privately owned.
A person under 16 years of age.
The following types of child day-care facilities are regulated
by this chapter:
DAY-CARE CENTERA facility in which care is provided for seven or more children at any one time, where the child-care areas are not being used as a family residence.
FAMILY DAY-CARE HOMEAny premise other than the child's own home in which child day care is provided at any one time to four, five or six children who are not relatives of the caregiver, and where the child-care areas are being used as a family residence.
GROUP DAY-CARE HOMEA facility in which care is provided for more than seven but fewer than 12 children at any one time where the child-care areas are being used as a family residence.[2]
The temperature at which a liquid sample produces sufficient
vapor to flash, but not ignite, when in contact with a flame in a
closed-cup tester.
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings and a constitution and/or bylaws.
An alternative development method wherein structures are
arranged in closely related groups, reducing lot sizes, preserving
land for open space and permitting more imaginative site design than
may be possible under standard development.
Indoor or outdoor commercial recreation or amusement facilities,
such as bowling alleys, skating rinks, fitness centers, tennis and/or
racquet clubs, miniature golf, golf courses/clubs.
[Added 9-4-2012 by Ord. No. 334]
A parcel or parcels of land within a development site designed
and intended for the use or enjoyment of the residents or tenants
of the development, not including streets, off-street parking areas
and areas set aside for public facilities. "Common open space" shall
not be part of individual residential lots and shall be free of structures,
but may contain such recreational facilities for residents as are
shown in the approved development plan.
[Amended 9-4-2012 by Ord. No. 334]
That area which is set aside for public use and enjoyment
as part of a mixed-use office and commercial or residential development,
where required by this chapter. A "common use area" may contain green
areas, recreation facilities, courtyards, plazas and other public
amenities.
[Amended 9-4-2012 by Ord. No. 334; 8-15-2017 by Ord. No. 379]
A use involving one or more indoor gymnasium(s), plus indoor
exercise rooms, classrooms and a mix of other indoor and outdoor recreation
facilities that are utilized by large numbers of the population.
[Added 11-4-1998 by Ord. No. 198]
The Limerick Township Comprehensive Plan and amendments thereto,
including maps, charts and/or descriptive matter officially adopted
by the Township Planning Commission and Township Supervisors, indicating
recommendations for the continuing development of the municipality
and including all elements required by the Pennsylvania Municipalities
Planning Code.[3]
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Board of Supervisors. The Board of Supervisors
is empowered to grant permission for "conditional uses," consistent
with the public interest, in compliance with the standards and procedures
established in this chapter, following thorough examination of the
proposal, and under any reasonable safeguards necessary to implement
the purposes and intent of this chapter and to protect the general
welfare.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act.[4]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
The remodeling or alteration of a structure so as to accommodate
more leasable or saleable units or a different use than what had originally
been intended for the structure. Includes the alteration of a nonresidential
structure into a dwelling unit(s) for at least one family, the modification
of a single-family structure to accommodate more units than originally
intended, the alteration of existing dwellings into a commercial use
and the alteration of an existing dwelling into a mixed commercial
and residential use.
A lot having contiguous frontage on two or more intersecting
roads.
The County of Montgomery, Commonwealth of Pennsylvania.
A use which promotes art, drama, music, science and/or history,
such as a library, museum, live theatre, community center, botanical
garden, including studios for dance, art, music and photography. Exercise
studios shall not exceed 3,000 square feet on any one floor.
[Added 9-4-2012 by Ord. No. 334]
A drain, ditch or conduit not incorporated in a closed system
that carries drainage water under a driveway, roadway or paved area.
An amendment, submitted either by a citizen or by the municipality,
to be considered by the Board of Supervisors as a potential cure for
a successful challenge to the substantive validity of a land use ordinance.
A substantive challenge to the validity of the land use ordinance
and/or map brought before the Zoning Hearing Board for consideration.
See "child day-care facility" and "adult day-care facility."
A unit which describes the sound pressure level of intensity
of sound. A sound level meter is calibrated in "decibels."
A written instrument whereby an estate in real property is
conveyed by a grantor to a grantee.
A restriction upon the use of a property placed in a deed.
A deed in which, either expressly or by implication, the
grantor guarantees that the title which he undertakes to transfer
has not been previously conveyed by him and is free from defects and
that the property is unencumbered except as stated, and for himself
and heirs, agrees to defend and protect the grantee against any loss
which may be suffered by reason of the existence of any other title
or interest in the property existing at the time the deed was executed
and not accepted therein.
The number of dwelling units per net buildable acre.
A facility for the temporary storage of stormwater runoff.
Materials which decompose by detonation. Such materials include
explosives, unstable compounds and fissionable matter.
A rapid buildup of a destructive pressure wave caused by
chemical reaction and/or the sudden release of energy.
Any man-made change to improved or unimproved real estate,
including buildings or other structures, streets and other paving,
utilities, mining, dredging, filling, grading, excavation or drilling
operations.
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, parking facilities, ways, common open space and public facilities.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
such a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged to
the waters of the commonwealth.
The natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
An establishment which by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
services, obtain goods or be entertained while remaining in their
motor vehicles.
A private cartway providing vehicular access between a public
street and a lot, property or development.
See "solid waste disposal facility."
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units:
SINGLE-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.
SINGLE-FAMILY DETACHED LOT LINEA single-family dwelling on an individual lot, with the building set on, or close to, one side property line so that the lot has only one side yard. Lot line homes should be designed so that this side yard and the rear yard constitute the primary outdoor living areas for the dwelling. Typically, no windows are placed on the wall of the building along the lot line. If the building is set on the side lot line, a five-foot access easement is provided on the adjacent property along the lot line for necessary maintenance of the building wall.
SINGLE-FAMILY DETACHED VILLAGE HOUSEA single-family detached house on a separate lot. It differs from other forms of single-family detached housing in its lot size and its placement on the lot, which are similar to houses found in historic villages and boroughs. The house is placed close to the street and is distinguished from other single-family houses by planting or architectural treatments. In order to qualify for this use, the garage shall be set back at least 10 feet behind the front facade of the building, and each unit shall meet two or more of the following criteria:
Two canopy trees per lot, or three flowering
trees per lot, located within the front yard.
An unenclosed porch, running across at least
three-fourths of the house front, being at least seven feet in width.
A front yard raised above sidewalk grade by
at least 30 inches with a retaining wall of at least 18 inches at
the sidewalk line.
A fence of at least 30 inches and no more than
four feet in height, enclosing the front yard, plus one flowering
shrub per 60 inches across the width of the house front.
Intensive planting of one shade tree, one flowering
tree, and one flowering shrub per 30 inches across the width of the
house front.
A hedge of shrubs planted 18 inches apart across
the width of the front yard.
TWO-FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A "two-family building" counts as two dwelling units for density purposes.
TWIN (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side-by-side and joined to each other by a vertical common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall. Separate ingress and egress is provided to each unit.
DUPLEX (TWO-FAMILY DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Separate ingress and egress is provided to each unit.
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. Each dwelling unit may be individually lotted, or owned as a condominium. This dwelling type shall include but not be limited to dwelling units commonly known as "townhouses," "rowhouses," "triplexes," "quadruplexes" and "multiplexes."
TOWNHOUSE (ROWHOUSE)A single-family attached dwelling in a row of at least three units, with one dwelling unit from ground to roof, with individual outside access. Although these units are in rows, their design should de-emphasize a lined up appearance.
MULTIPLEXAn attached dwelling arranged in a group of no more than six units, in a variety of configurations: side-by-side, back-to-back or vertically. Because of the variety of configurations, a multiplex can be designed to look like a large, single-family detached house; this feature is encouraged.
MULTIFAMILY BUILDINGA detached residential building containing three or more dwelling units. Units may not be arranged entirely in vertical rows (like townhouses) and are generally located entirely above or below one another. Units may share outside access and/or internal hallways, lobbies and similar facilities. The dwelling units cannot be individually lotted, but instead, share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as a rental or condominium development. This dwelling type includes, but is not limited to, garden apartments, flats and multifamily conversions, as defined below:
MULTIFAMILY CONVERSIONA multifamily dwelling containing not more than four dwelling units that results from the conversion of a single-family or two-family dwelling.
APARTMENTA single dwelling unit in a multifamily building; a single dwelling unit in a duplex or other multifamily dwelling may also be referred to as an apartment.
One or more rooms designed, occupied or intended to be occupied
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
A vested or acquired right to use land other than as a tenant,
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
[Added 4-6-1999 by Ord. No.
202]
DRIVE-THROUGH RESTAURANTAn eating establishment which serves ready-to-consume food and/or drink. Food and/or drink may be ordered while inside the restaurant or by placing orders while in a vehicle at a drive-through window. Food may be consumed on- or off-site.
RESTAURANTAn eating establishment that serves ready-to-consume food and/or drink.
TAVERNA place where alcoholic beverages are consumed on the premise and food may be served and consumed on-site.
A use whereby instruction is offered by a public or private
institution or individual and does not include a cultural use as a
primary use.
[Added 9-4-2012 by Ord. No. 334]
A sign whose content may be changed by electronic process
through the use of intermittent light or lights, including but not
limited to light-emitting diodes, liquid crystal display, and plasma
screen image display or other similar technology.
[Added 7-5-2011 by Ord. No. 323]
A material which produces flammable or explosive gases or
vapors under ordinary temperature conditions, and includes liquids
which have a closed cup flash point of less than 105° F.
Any number of individuals living together on a nontransient basis as a single housekeeping unit and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption, including any number of foster children; no more than five unrelated individuals living together as a single housekeeping unit and doing their cooking on the premises, except when an application for a special exception to enable a greater number of unrelated individuals to occupy a dwelling unit is reviewed and approved by the Zoning Hearing Board, as provided in § 184-44C. The definition of "family" shall not apply to the occupants of a club, fraternity house, lodge or residential club.
[Amended 6-2-1998 by Ord. No. 196]
Notwithstanding the definition in Subsection A, a "family" shall also be deemed to include any number of mentally or physically handicapped persons occupying a dwelling unit as a single, nonprofit housekeeping unit, if such occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the Subsection A of this definition.
A premise which is used for the production of agricultural
commodities in their unmanufactured state, such as raising livestock,
and which shall include those activities which are customarily associated
with such production, including the application of manure and/or fertilizers
for crop production.[5]
Subject to easy ignition and rapid flaming combustion.
[Amended 3-1-2016 by Ord.
No. 364]
FEMA AND FIAThe Federal Emergency Management Agency and the Federal Insurance Administration who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
FLOOD INSURANCE RATE MAP (FIRM)The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAINThe identified floodplain area as determined by the Floodplain Administrator.
FLOODPLAIN ADMINISTRATORThe appointed Limerick Township Official designated to administrate and enforce the Limerick Township’s Flood Damage Prevention Ordinance.[6]
IDENTIFIED FLOODPLAIN AREAAny areas of the Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 2, 2016, and issued by the FEMA or the most recent official version thereof adopted by FEMA, including all digital data developed as part of the FIS and the above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the Township and declared to be a part of this chapter.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls,
or from the center line of a wall separating two buildings, but not
including interior vehicular parking or loading, or any space where
the floor-to-ceiling height is less than six feet.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking and
loading and all floor below the first or ground floor except when
used or intended to be used for human habitation or service to the
public. The area excluded as unusable may not exceed 15%.
A ratio derived by dividing the total (gross) floor area
of all buildings on a lot by the net buildable area of the lot.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principals, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
[Added 6-16-2015 by Ord.
No. 360]
The length of the lot line abutting a street
right-of-way.
In measuring frontage for the requirements of
any Zoning or Subdivision and Land Development Ordinance section within
the Code of Limerick Township, a limited access highway shall not
be used in the calculation of frontage.
[Added 8-7-2001 by Ord. No. 232]
For the purpose of any Zoning or Subdivision
and Land Development Ordinance section within the Code of Limerick
Township, State Route 422 shall be considered a limited access highway.
[Added 8-7-2001 by Ord. No. 232]
For the sole and exclusive purpose of calculating allowable signage pursuant to Chapter 184, Article XII, §§ 184-90 through 184-96, "Signs," of the Code of the Township of Limerick, the requirements for calculating frontage along a limited access highway, as defined herein, shall be waived.
[Added 8-7-2001 by Ord. No. 232]
Includes all landscape features, such as planters, planted
islands, landscaped buffers and screens, lawn areas, meadows, woods,
hedgerows and any area that is not covered by buildings, paving, or
impervious surface. It is available and sometimes used for retention
and maintenance of natural vegetation and for infiltration of stormwater
for groundwater recharge. Decorative stone and mulch ground covers
may be included if placed upon an earth surface.
[Amended 9-4-2012 by Ord. No. 334]
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, expressed in
square feet and measured from the center line of partitions and from
outside wall faces. It is the space for which tenants pay rent, including
sales areas and integral stock areas. It does not include public or
common areas, such as public toilets, corridors, stairwells, elevator
lobbies or enclosed mall spaces.
The use of a lawful dwelling unit for the housing, support,
oversight and care of persons who need such assistance because of
physical disability, old age, mental retardation/developmental disability
or another condition that the applicant proves to the Zoning Officer
involves a handicap or disability under the Federal Fair Housing Act
Amendments of 1988 or the Americans With Disabilities Act, as amended.
[Amended 6-2-1998 by Ord. No. 196]
Such persons shall function as a common household
unit.
A group home shall meet the restrictions in the definition of family for the maximum number of unrelated persons, except the number of bona fide paid professional staff shall not count towards such maximum and as may be approved under § 184-44C.
A group home shall not include a "treatment
center."
See standards in § 184-76.1.
See "bed-and-breakfast," "hotel" and "motel."
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including a general hospital, public health center, diagnostic center,
treatment center, rehabilitation center, extended-care facility, skilled
nursing home, nursing home, intermediate-care facility, chronic disease
hospital, maternity hospital, outpatient clinic, dispensary, home
health care agency or personal-care facility.
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists and other health practitioners, medical and dental laboratories,
outpatient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services.
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of a flat or multilevel roof or, for gable, hip or gambrel roofs,
to the mean height between the eaves and ridge. Chimneys, spires,
towers, mechanical penthouses, tanks and similar projections not intended
for human occupancy shall be excluded.
A landing area for helicopters which includes facilities
for fueling, repair and storage of helicopters and which is licensed
by the Pennsylvania Department of Transportation (PADOT).
A helicopter landing area (sometimes known as a "helistop")
licensed by the Pennsylvania Department of Transportation (PADOT)
for the purpose of picking up or discharging passengers or cargo.
No fueling, helicopter repair or storage area(s) are permitted in
conjunction with the operation of a personal use heliport.
Any substance or material that, by reason of its toxic, caustic,
corrosive, abrasive or other injurious properties, may be detrimental
or deleterious to the health of any person handling or otherwise coming
into contact with such material or substance, or as otherwise defined
by applicable federal regulations.
[Added 11-4-1998 by Ord. No. 198]
The accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business or the production of handicrafts on a residential site, pursuant to the provisions of Article IX of this chapter. The use is incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
An establishment providing transient accommodations, containing
a minimum of six rental rooms and having the following characteristics:
Coverage of the site by materials which cannot be penetrated
by water and which therefore results in a stormwater runoff coefficient
of 0.85 or greater. Included are:
[Amended 6-2-1998 by Ord. No. 196]
The physical additions, installations and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities and drainage facilities.
Those fields of economic activity, including forestry, construction,
manufacturing, transportation, communication, extraction, utility
services and wholesale trade. (See "industry, light" and "industry,
heavy.")
Industrial activities which do not meet the definition of
light industry.
Industrial activities which are carried on entirely within
an enclosed building and involve no outdoor processes or outdoor storage
of primary raw materials.
Any discarded scrap, unusable or abandoned man-made or man-processed
article or material, including but not limited to scrap metal, rags,
containers, scrap building materials, unlicensed motor vehicles, unlicensed
trailers, trailer machinery and equipment or uninhabitable mobile
homes. The term "junk" shall not include the following: municipal
solid waste and recyclable materials that are stored in a sanitary
manner and are awaiting imminent pick-up and processing and farm machinery.
[Amended 6-2-1998 by Ord. No. 196]
Any outdoor establishment or place of business
which is maintained, used or operated for storing, keeping, buying
or selling junk, and, for the purposes of this section, the term shall
include refuse, rubbish, garbage and debris, whether salvable or not,
and made of any or all materials. It shall not include, however, refuse
or garbage kept in proper containers for the purposes of prompt disposal.
The terms "junkyard" and "salvage yard" shall
not apply to the following:
[Added 6-2-1998 by Ord. No. 196]
Any structure or premises in which more than six dogs or
domesticated small animals more than one year old are housed, groomed,
bred, boarded, trained or sold.
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams or result from
excavation. The shoreline of such waterbodies shall be measured from
the maximum condition rather than permanent pool, if there is any
difference. "Lakes" are bodies of water two or more acres in extent.
"Ponds" are any water body less than two acres in extent.
Any of the following activities:
[Amended 6-19-2012 by Ord. No. 330]
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.
The following are specifically excluded from land development:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an amusement park is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
The legal or beneficial owner or owners of land, including
the holder of an option of contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A space, accessible from a street, in a building or on a
lot, for the temporary use of vehicles while loading or unloading
materials or merchandise.
A facility utilized for inbound and outbound transportation
and fleet management, warehousing, distribution of materials and products,
materials handling, order fulfillment, logistics network operations,
inventory management, supply/demand planning and activities, and/or
management of third-party logistics service providers, production,
packaging, and assembly, and/or customer service.
[Added 6-6-2023 by Ord. No. 421]
A contiguous tract, parcel or unit of land held by a landowner
and/or intended for use, development, lease or transfer of ownership,
and for which a deed description is recorded or is intended to be
recorded at the Office of the Recorder of Deeds for Montgomery County.
See "acreage, gross."
See "acreage, net."
A lot which conforms in all respects to the dimensional requirements
of the zoning district in which it is located, except that the only
road frontage and access is limited to an access strip. This definition
does not include the commonly used wedge-shaped lots located on a
cul-de-sac turnaround. A "flag lot" shall also be known as a "rear
lot" or "interior lot."
Any property boundary line of a lot, further defined as follows:
Front lot line is the line identical with the
ultimate right-of-way line (also known as "street line").
Rear lot line is the line or lines most nearly
parallel or concentric to the front lot line.
Side lot lines are the lines most nearly perpendicular
or radial to the front lot line. On a corner lot, the side lot line
shall be the line or lines most nearly perpendicular or radial to
the higher classification of street, where applicable. The remaining
line shall be considered the rear lot line.
A lot which fronts on more than one street shall
have a front lot line on each street frontage.
The horizontal distance between side lot lines,
measured at the building line, parallel or concentric to the ultimate
right-of-way line. For a corner lot, lot width shall be measured parallel
or concentric to the ultimate right-of-way line of the higher classification
of street, where applicable.
In measuring lot width for the requirements
of any Zoning or Subdivision and Land Development Ordinance within
the Code of Limerick Township, a limited access highway shall not
be used in the calculation of lot width.
[Added 8-7-2001 by Ord. No. 232]
For the purpose of any Zoning or Subdivision
and Land Development Ordinance section under the Code of Limerick
Township, State Route 422 shall be considered a limited access highway.
[Added 8-7-2001 by Ord. No. 232]
The process or operation of making wares or products from
raw materials by hand or by the use of machine(s).
A large contiguous area of open space, not less than 10 acres nor more than 55% of the total open space which is required under the rural cluster zoning option contained in § 184-101C. The use of the master lot shall be limited to one single-family dwelling and accessory uses permitted under § 184-71. The master lot shall be restricted from further subdivision by a deed restriction in a form acceptable to the Township Solicitor and recorded in the Office of the Recorder of Deeds of Montgomery County.
[Added 11-8-1995 by Ord. No. 175]
The extraction of minerals and coal from the subsurface of
grounds located within the Township and shall not include open-face
mining.
[Added 4-22-2014 by Ord. No. 348]
A transportable, single-family dwelling intended for permanent
occupancy, contained in one or more units, built on a permanent chassis,
which arrives at a site complete and ready for occupancy except for
minor and incidental unpacking and assembly operations, and constructed
so that it may be used with or without a permanent foundation. It
may not meet local building codes but does meet the standards of the
United States Department of Housing and Urban Development, as indicated
by the structural engineering bulletin(s) provided to the Board of
Supervisors by the applicant. This term does not include recreational
vehicles or travel trailers.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A single-family dwelling unit for permanent occupancy, made
by assembling one or more factory-produced, three-dimensional sections
into one integral building not capable of easily being separated for
repeated towing, whose construction materials must conform to those
of conventionally built units, as required by the Township's Building
Code,[7] and must be placed on a permanent foundation. A copy of
the structural engineering bulletin(s) must be provided to the Board
of Supervisors, indicating approval of the dwelling or its components
by the United States Department of Housing and Urban Development.
An establishment providing transient accommodations, containing
a minimum of six rental rooms and having the following characteristics:
All vehicles propelled or drawn by power other than muscular
power and intended for use on public highways or in agricultural activities.
A commercial use for the sale and repair of motor vehicles,
including new and used cars, trucks, recreational vehicles and/or
farm equipment, having both indoor and outdoor display areas and providing
maintenance and repair services for vehicle owners.
A calculated area upon which the density, impervious coverage and building coverage requirements for the various zoning districts are computed. "Net buildable acreage" is the area of a site remaining after subtracting all or a percentage of road rights-of-way, noncontiguous lands, floodplains, wetlands, utility rights-of-way and steep slopes from the site's gross area. It can be calculated using the formula in § 184-78 herein.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 6-19-2012 by Ord. No. 330]
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 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 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.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure 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. Such "nonconforming
structures" include nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
Services provided or arranged for part of a twenty-four-hour
day to assist in meeting the needs, including but not limited to personal
care, social, nutritional, health and education needs of a population
of persons who are predominantly 60 years of age or older or who are
under 60 years of age but who have a dementia-related disease, such
as Alzheimer's disease, as a primary diagnosis. The term does not
include services provided for persons whose needs are such that they
can only be met in a long-term care facility on an inpatient basis,
receiving professionally supervised nursing care and related medical
and other health services. (See "adult day-care facility.")
Public or private lands designated for the use and enjoyment
of residents or tenants of a development and/or the general public,
incorporating natural features, such as woodlands, streams or meadows,
and including Township parks, trails and other recreational facilities;
also includes common open space as defined above, and other private
lands which are available for the use of Township residents (i.e.,
through access easements). See "common open space."
[Amended 9-4-2012 by Ord. No. 334]
Any area which is predominantly open space, is used principally
for active or passive recreation and is not used for a profit-making
purpose.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
An open or covered area with a dust-free, all-weather surface
which shall be at least nine by 18 feet in size for the storage of
one automobile, accessible via a driveway.
Material other than water which is suspended in or discharged
into the atmosphere in a finely divided form, as a liquid or solid.
The Municipalities Planning Code, originally enacted as Act
247 of 1968, which establishes the basic authority for the exercise
of municipal land use controls in Pennsylvania. All subsequent amendments
are included. It is abbreviated as "MPC" or "Act 247."[8]
A document issued by the proper authority authorizing the applicant to undertake specified activities. See Article II of this chapter for specific requirements regarding the following permits.
[Amended 8-15-2017 by Ord. No. 379]
BUILDING (UCC) PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with construction provisions of the Building Code[9] and which authorizes an applicant to commence with said
construction, alteration or reconstruction.
ZONING USE PERMITA permit indicating that specific activities regulated by this chapter may occur and which is issued when a building (UCC) permit is not required. "Zoning use permit" may also be referred to as "zoning permit."
Personal service uses are the following and no other: barber,
beauty salon, tailor, dress maker, shoe repair, photography, travel
agent jeweler, watch repair, dry cleaner, tanning salon, dog grooming
with no more than two dogs at one time, repair of computers, business
service printing or duplicating, therapeutic massage and auto tag
services. These uses may include accessory retail sales of products
related to the services that are provided.
[Amended 9-4-2012 by Ord. No. 334]
The keeping and breeding of swine on a property for any commercial
purpose, where the animals are fed garbage as an integral part of
the business.
A building used on a regular basis primarily for religious
worship by 10 or more unrelated persons.
[Amended 6-2-1998 by Ord. No. 196; 11-4-1998 by Ord. No.
198]
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.[10]
The Limerick Township Planning Commission.[11]
A roofed or unroofed structure projecting from the front,
side or rear wall of a building.
A building in which is conducted the principal use of the
lot on which it is located.
The single dominant use or single main use on a lot.
Aboveground structures and facilities including buildings
owned privately and used in connection with the production, delivery
and collection of electricity. Notwithstanding the foregoing, a coal,
oil or nuclear powered facility is not permitted under this definition.
A private electrical utility facility shall not include any facility
that collects or burns trash or refuse.
[Added 12-21-1999 by Ord. No. 206; amended 8-15-2017 by Ord. No. 379]
A private electrical utility facility, as well as any aboveground
structures and facilities, including buildings owned privately and
used in connection with the production, delivery and collection of
water, sewage, electricity, gas, oil or communications signals. A
private utility facility shall not include any facility that collects
or burns trash or refuse.
[Added 12-21-1999 by Ord. No. 206; amended 8-15-2017 by Ord. No. 379]
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such waste materials for off-site reuse. Processing
facilities include but are not limited to transfer facilities, composting
facilities and resource recovery facilities.
A building in which services are performed by a member of
a profession, including an accountant, architect, author, dentist,
engineer, insurance agent, landscape architect, lawyer, notary, optometrist,
physician, planner, realtor or similar occupations.
A recorded boundary of a lot. Any property line which abuts
a street or other public way shall be measured from the right-of-way.
A formal meeting held pursuant to public notice by the governing
body, Planning Commission or other municipal agency, intended to inform
and obtain public comment, prior to taking action in accordance with
the Pennsylvania Municipalities Planning Code, as amended.[12]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act"[13] ("...any prearranged gathering of an agency which is attended
or participated in by a quorum of the members of an agency, held for
the purpose of deliberating agency business or taking official action").
Notice published once a week for two successive weeks in
a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A building or structure and its equipment used for the transmission and exchange of radio, gas, power, sewer and water facilities; provided, however, that in a residential district these shall not include public business facilities, storage of materials, trucks or repair facilities or housing or repair crews. This shall not include a structure for the generation of energy. This definition of "public utilities facility" shall not include Wireless Telecommunication Facilities which are regulated under Article XXXIV of this Zoning Ordinance.
[Amended 12-21-1999 by Ord. No. 206; 4-22-2014 by Ord. No.
347]
An agency which, under public franchise or ownership, or
under certificate of convenience and necessity, provides the public
with communication, gas, power, rail transportation, sewer or water
facilities or other similar service.
An antenna and attendant processing equipment for reception
of electronic signals from satellites.
Materials separated from municipal waste which are to be
used as raw materials for the development of new usable products.
"Recyclable materials" can include the following items: newsprint,
high-grade office paper, glass, aluminum, steel and bimetallic cans,
plastic, corrugated paper and leaf wastes.
An establishment which is maintained or used or operated
for the purposes of temporarily storing and preparing scrap and/or
discard materials for consumption by other establishments whose operations
include producing products from recycled materials.
Persons who are related by blood, marriage or adoption to
result in one of the following relationships: spouse, brother, sister,
parent, child, grandchild, great-grandchild, grandparent, great-grandparent,
uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law
or first cousin. "Unrelated persons" shall be persons who are not
a relative of each other. Persons with a formal foster relationship
with a guardian shall also be considered to be "relatives."[14]
[Amended 6-2-1998 by Ord. No. 196]
The sale of plants and lawn and garden supplies to the general
public. This use may contain a greenhouse and plant nursery to directly
supply plants for retail sale on the same parcel. This use shall not
include a landscaping contractor business unless it is accessory to
the principal retail garden center use.
[Added 9-4-2012 by Ord. No. 334]
Lotting which extends between two streets of differing classifications,
with vehicular access provided from the lesser street, in order to
promote traffic flow and safety on the greater street.
Any discarded material or articles, including scrap metallic
or nonmetallic items, whole or parts of vehicles and equipment, paper,
glass, containers and structures, which is separated for industrial
processing or reprocessing and further used or re-used. (See "junk,"
"waste" and "recyclable materials.")
See "solid waste disposal facility."
A centralized sanitary sewer system or a comparable common
or package sanitary sewer facility approved by the appropriate governmental
health agency.[15]
A firm engaged in the business of preparing scrap (metal
or rags and paper) for consumption by steel mills or paper companies
or other establishments whose purpose it is to use scrap in producing
products.
A sewage disposal system in compliance with all state and
local regulations, approved by the Department of Environmental Protection
and applicable sewer authority, and providing service to multiple
customers. It includes the following definitions:
[Amended 6-2-1998 by Ord. No. 196]
PUBLIC SEWER FACILITIESThe central sewage system operated by the Township Sewer Authority.
COMMON SEWAGE FACILITIESA sewage disposal system independent of the public sewer system, serving more than one residence or business through a community treatment plant, land application system or similar satellite system.
A group of commercial establishments, planned and developed
as an integrated architectural and functional unit, providing convenient
on-site parking and controlled, common vehicular and pedestrian access.
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, service, event
or location by any means, including words, letters, figures, design,
symbols, fixtures, colors, illumination or projected images.
The area of a sign shall mean the area of all lettering,
wording and accompanying designs and symbols, together with the background
on which they are displayed (whether open or enclosed), but excluding
any supporting framework which are solely incidental to the display
itself, provided that the same do not contain any lettering, wording,
designs or symbols.
When the sign consists of individual letters,
designs or symbols attached to a building, awning, wall or window,
the area shall be that of the smallest rectangle which encompasses
all of the letters, designs and symbols.
In computing the area of a double-faced sign,
only one side shall be counted, provided that both sides are identical
in dimension and content. If the interior angle formed by the two
faces of the sign is greater than 45°, then both sides of the
sign shall be considered in the calculation of area.
[Amended 9-20-1994 by Ord. No. 166]
The vertical distance measured from ground level to the highest
point on the sign or its supporting structure.
AWNING SIGNA sign painted on, printed on or attached flat against the surface of an awning.
BANNER SIGNAny sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. A single United States flag of reasonable size shall not be considered a banner for the purpose of this chapter unless its use or purpose is that of advertising the location of a business at which it is flown.
FREESTANDING SIGNA self-supporting sign anchored to the ground or supported by means of poles or standards.
MONUMENT SIGNA low profile freestanding sign supported by columns and or a base primarily by solid structural features where entire bottom of the columns and or a base sign is affixed to a base on the ground not exceeding six feet in height, measured in the same manner as height of building.
[Added 12-20-2011 by Ord. No. 327]
MOVABLE SIGNAny sign which is not fixed to a permanent supporting structure or building, or which is capable of being moved from one location to another, including trailer signs.
OFF-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered elsewhere than upon the premises where the sign is located or to which it is affixed.
ON-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed, including signs offering premises for sale, rent or development or advertising building trades during construction or alteration.
ROOF SIGNA sign which is mounted or otherwise affixed to the roof of a building.
TEMPORARY SIGNA sign which advertises community or civic projects, construction projects, real estate for sale or lease or other special events on a temporary basis.
VEHICULAR SIGNA vehicle to which a sign is affixed or painted and which is used or parked in such a manner that display of such sign becomes the vehicle's primary purpose.
PARALLEL SIGNA sign mounted parallel to a wall or other vertical building surface, but not extending beyond the edge of the wall, roofline or other surface to which it is mounted, and not projecting more than 10 inches from the surface to which it is mounted.
PROJECTING SIGNAny sign mounted perpendicular to a wall or other vertical surface.
WINDOW SIGNA sign which is fastened to or placed in the area of a window or a display window of a building.
The ownership of a contiguous land area as one or more lots
by one owner, whether a person, partnership, corporation or other
legal entity, irrespective of the fact that parts of the land may
have been acquired at different times or that the area may have been
divided into parts on any plan or plat.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture.
A land use including buildings, land equipment and any other
appurtenances used in the processing of solid waste, resource recovery,
cogeneration of energy, recycling, incineration and/or landfilling
as a means of disposal of solid waste.
DUMPA site used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose of garbage, trash, junk, vehicles or parts thereof or waste material of any kind.
SANITARY LANDFILLAny outdoor establishment or place of business operated or maintained for the disposal of solid waste by the method known as "landfilling" in accordance with any or all federal, state and local landfilling laws, statutes, rules and regulations. The term "landfill" shall have the same meaning as "sanitary landfill."
A form of permitted use authorized by this chapter under
the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board
is empowered to grant permission for "special exceptions," consistent
with the public interest, in compliance with standards and procedures
established in this chapter.
Retail shops and stores selling gifts, novelties, flowers,
books, periodicals, jewelry, apparel, tobacco, toys, crafts, hobby
supplies, cameras and film, stationery or antiques. Stores in excess
of 7,500 square feet in a single structure are not included in this
use. Adult uses are excluded.
Areas with a gradient of 15% or greater, as determined by
the soil survey or accurate contour mapping.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and ceiling
next above it and including those basements used for the principal
use.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
A line identical with the front lot line and ultimate right-of-way
line.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes. The "ultimate right-of-way" is the legal right-of-way where it has been offered for dedication and accepted by the Township. Front yard setbacks are measured from the ultimate right-of-way.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in Chapter 155, Subdivision and Land Development.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the ground.
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.
The duly-elected governing body of Limerick Township; also
known as the "Board of Supervisors."
A body of water or receptacle for water having a depth at
any point greater than 30 inches which is primarily used or intended
to be used for swimming or bathing.
The use of any premises or structure for living and/or sleeping
purposes for fewer than 100 consecutive days in any calendar year.
A living area involving one or more rooms within an existing single-family detached dwelling or an accessory building that is designed for and occupied by relatives of the owners of the dwelling and which may include sleeping, kitchen and bathroom facilities that are separate from those of the principal dwelling unit. See standards in § 184-71B.
[Added 6-2-1998 by Ord. No. 196]
The total of the lot area(s) of lots within a proposed development,
after deleting existing rights-of-way of existing streets.
[Added 11-4-1998 by Ord. No. 198]
A recreational vehicle requiring a separate power source
for pulling, which may include living, sleeping, eating and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
[Added 6-2-1998 by Ord. No.
196]
A use involving a large variety of materials, owned by numerous
corporations, being transported to a site to be unloaded primarily
from tractor-trailer trucks and reloaded onto other tractor-trailer
trucks and which does not involve substantial on-site manufacturing
or processing of the materials.
[Added 6-2-1998 by Ord. No. 196]
The dividing line between a lot and the outside limit of
the ultimate right-of-way of a public street (identical with "front
lot line" and "street line").[17]
The granting of permission by the Zoning Hearing Board to use or alter land or structures which requires a variation from the strict application of a requirement of this zoning chapter. Variances are granted only if specific requirements are met, in accordance with the provisions of Article VI.
The land area devoted to vegetative coverage, including lawns,
meadows, trees, shrubs, flowers and gardens.
[Amended 9-4-2012 by Ord. No. 334]
An open area, other than a street or parking area, used for
display, sale or rental of new or used motor vehicles, recreational
vehicles or boats in operable condition, and where no major repairs
are done.
A barrier whose purpose is to obscure a view; generally comprised
of evergreen plant materials suitable for the purpose.
[Amended 9-4-2012 by Ord. No. 334]
A building or group of buildings primarily used for the commercial
storage, transfer and distribution of products and materials.
A building or group of buildings situated in a controlled
access compound which are divided into individual separate access
units which are rented or leased for the storage of tangible personal
property.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. This term does not include source-separated recyclable materials.
"Waste" is further classified as follows, in accordance with Act 97,
the Solid Waste Management Act[18]:
AGRICULTURAL WASTEPoultry and livestock manure or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural and silvicultural crops or commodities grown on the premises of a farm operation.
CONSTRUCTION/DEMOLITION WASTESolid waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include clean fill separated from other waste.
CLEAN FILLUncontaminated, non-water-soluable, nondecomposable inert solid material used to level an area or bring the area to grade. It includes uncontaminated soil, rock, gravel, brick, block and concrete, as well as waste from clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
Municipal or agricultural waste which, because
of its quantity, concentration, physical, chemical or infectious characteristics,
may:
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
The term does not include point sources subject
to permits under Section 102 of the Federal Water Pollution Control
Act, as amended, or source, special nuclear or by-product material
as defined by the United States Atomic Energy Act of 1954, as amended.
MUNICIPAL WASTEGarbage, refuse, industrial lunchroom or office waste or other material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definitions of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
RESIDUAL WASTEGarbage, refuse or other discarded material or waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous.
SOLID WASTEWaste, including municipal, residual or hazardous wastes.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales and rivers.
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the local authorities. Includes the following definitions:
WATER FACILITIES, PUBLICA water distribution system serving all or a portion of the Township and operated by a certified public utility.
WATER FACILITIES, COMMONA water distribution system serving a single neighborhood or development.
An area that is considered to be a "wetland" under applicable
federal and/or state regulations, whichever is more inclusive.
[Amended 6-2-1998 by Ord. No. 196]
Places of business primarily engaged in selling merchandise
to retailers, to industrial, commercial, institutional or professional
business users or to other wholesalers, or acting as agents or brokers
and buying merchandise for or selling merchandise to such individuals
or companies.
Areas, groves or stands of mature or largely mature trees
(i.e., greater than six inches in caliper) covering an area greater
than 1/4 of an acre or groves of mature trees (greater than 12 inches
in caliper) consisting of more than 10 individuals.
The area(s) of a lot which must remain free of buildings
or other structures and may be used as lawn or planted area, parking
or driveway space in compliance with the provisions of this chapter.
A "yard" is measured at right angles from the right-of-way or lot
line to the nearest building wall. "Yard" is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line.
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
USABLE REAR YARD AREAThe yard which extends from the rear or secondary entrance of a single-family attached building (townhouses and multiplex) to the minimum distance permitted in this chapter. This term identifies area of land which may be part of a common element that is designated for private use by the abutting dwelling unit. Usable rear yard area shall remain free of landscape berms, amended soils or other stormwater management features.
[Added 12-15-2020 by Ord. No. 404]
A line which locates and delineates the minimum yard setback
requirements, measured from the front, rear and side lot lines.
The total measurement of two side yards on the same lot.
[Added 6-2-1998 by Ord. No. 196]
The administrative officer charged with the duty of enforcing
the provisions of this zoning chapter.[19]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[2]
Editor's Note: The former definition of "church,"
which immediately followed this definition, was renamed and subsequently
moved 6-2-1998 by Ord. No. 196. See now "place of worship."
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
[4]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[5]
Editor's Note: The former definition of "fast-food
restaurant," which immediately followed this definition, was repealed
11-4-1998 by Ord. No. 198. See now the definition of "eating and drinking
establishments."
[7]
Editor's Note: See Ch. 60, Building Construction.
[8]
Editor's Note: See 53 P.S. § 10101
et seq.
[9]
Editor's Note: See Ch. 60, Building Construction.
[10]
Editor’s Note: The former definition of “planned
commercial center,” which immediately followed this definition,
was repealed 8-15-2017 by Ord. No. 379.
[12]
Editor's Note: See 53 P.S. § 10101
et seq.
[13]
Editor's Note: See 65 Pa. C.S.A. § 701
et seq.
[14]
Editor's Note: The former definition of "restaurant,"
added 11-4-1998 by Ord. No. 198, which immediately followed, was repealed
4-6-1999 by Ord. No. 202. For current provisions, see the definition
of "eating and drinking establishments."
[15]
Editor’s Note: The former definition of “satellite
use,” which immediately followed this definition, was repealed
8-15-2017 by Ord. No. 379.
[16]
Editor’s Note: See also the definition of "electronic
signage."
[17]
Editor's Note: The former definitions of "untended
open space" (added 11-8-1995 by Ord. No. 175) and "utility facilities,"
which immediately followed this definition, were repealed 6-17-1997
by Ord. No. 187 and 12-21-1999 by Ord. No. 206, respectively.
[18]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., Municipal Waste
Planning, Recycling and Waste Reduction Act.
[19]
Editor’s Note: The former definition of “zoning
permit,” added 6-2-1998 by Ord. No. 196, which immediately followed
this definition, was repealed 8-15-2017 by Ord. No. 379.
